On The Agreement Between Czechoslovakia And Hungary On Vodohosp. Issues On The Border

Original Language Title: o Dohodě mezi ČSSR a Maďarskem o vodohosp. otázkách na hranicích

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132/1978 Sb.



Decree



Minister of Foreign Affairs



of 20 December. October 1978



on the agreement between the Government of the Czechoslovak Socialist Republic and the Government

Hungarian people's Republic on the adjustment of water management issues at the

boundary waters



On 31 December 2004. May 1976 in Budapest, Hungary was the agreement signed between the Government of

The Czechoslovak Socialist Republic and the Government of the Hungarian people's

Republic on the adjustment of water management issues on border waters. According to the

Article 23 of the agreement entered into force on 31 March 2001. July 12, 1978.



The Slovak version of the agreement shall be published at the same time. ^ ^ *)



Minister:



Ing. Now in r.



The agreement



between the Government of the Czechoslovak Socialist Republic and the Government of Hungary

the people's Republic on the adjustment of water management issues on border waters



The Government of the Czechoslovak Socialist Republic and the Government of the Hungarian people's

States have decided to conclude an agreement on the adjustment of water management

questions on border waters.



To this end, have designated as their agents



the Government of the Czechoslovak Socialist Republic



Francis Hagaru,



Minister of forestry and water management



The Slovak Socialist Republic,



the Government of the Hungarian people's Republic



Dr. István Gergelye,



the Chairman of the national water management authority,



who, vyměnivše your power of Attorney, and shledavše is in good and due

the form, have agreed as follows:



Article 1



Local scope



Territorial scope of the agreement shall apply to the boundary waters, which are

sections of rivers and other natural water flows, as well as channels, which

are the State border (hereinafter referred to as "boundary flows"), as well as surface

and groundwater in profiles, where the intersect of the State border.



Article 2



Material scope



The material scope of the agreement shall apply to all water management measures

carried out in the border waters, which may result in a change

the natural aquatic conditions, in particular adjustment of the waterways, the construction of reservoirs

and levees, water drains, measures to optimise

water resources, protection of surface and groundwater against pollution,

the use of water power, keeping and tagging and buoying of waterways

the fairway, protection against internal waters, floods and leaving the ice,

as well as all water management measures in the input and

the output profile of frontier watercourses and in the profiles of frontier waters can

result in changes to agreed water conditions.



Article 3



General obligations



(1) the Contracting Parties undertake to



and fail to implement without mutual consent) no water management measures,

which would adversely affect the commonly agreed water ratios;



(b)) will maintain the trough of border flows, water tanks and equipment

border waters in the territory of their States in good condition and use them

in order not to cause harm to each other;



(c)) they will inform each other about their perspective development plans

water management, in particular as regards the impact of water management

measures on border waters;



(d) discuss the effects of water management) measures, which may in

profiles listed in article 2 to cause the amendment agreed

water conditions.



(2) the Contracting Parties shall have the right at border waters, unless otherwise

otherwise, half of the odtékajícího of the natural amount of water that is not

enlarged technical interventions.



Article 4



Security course, character, and the designation of national borders



(1) the competent authorities of the Contracting Parties shall maintain in good condition

the border of water, including buildings, works and facilities on them with a view to

permanent security over national borders.



(2) in the implementation of water management measures on border waters

must not be without the prior consent of the competent authorities of the Contracting Parties

deleted or removed border signs and other surveying markers that

is used to focus and the designation of the course of national borders. Border signs and

surveying markers shall be at such measures protect against damage.



(3) to the water management measures which imply a change in the course of,

or the character of the State borders, require prior approval

According to the legislation of both Contracting Parties.



Article 5



Czechoslovakia-Hungarian Commission for border waters



(1) for the solution of the tasks arising from this agreement, constitute the Contracting

by Czechoslovakia-Hungarian border water Commission (hereinafter referred to as

"The Commission for border waters"), consisting of Plenipotentiaries of the Contracting

the parties, their representatives and other members.



(2) resolutions of the Commission on boundary waters shall enter into force after approval by the

The Contracting Parties.



(3) the composition, terms of reference and activities of the Commission for border water regulates the

The Statute, which is annexed to the No 1 to this agreement.



Article 6



Performing maintenance



The Contracting Parties shall, in the territory of their States to ensure the maintenance of

water management works and other devices at border waters in good

the status and implementation of any works required for the protection of the trough of border

flows before the devastation. Additionally, take care of removing harmful deposits

and stand in the open channel and unsteady on the maintenance of the fairways.



Article 7



Designing



(1) directive for the designing of water management measures to

be carried out at border waters, the Commission shall fix for edge water.



(2) Contracting Parties shall provide for the preparation of project documentation for

water management measures, to be carried out on the territory of their

States. This policy applies even if the projected water

the measures serve the interests of the other Contracting Party, unless the Commission for border

water does not provide otherwise. The competent authorities of the Contracting Parties to each other

shall provide the data required for the design.



(3) projects shall be submitted to the Commission for border waters for consideration before

they are approved by the competent authorities of the Contracting Parties. The competent authorities of

The Contracting Parties may agree to such changes, according to the project,

that does not change their parameters, or do not increase the joint budget

costs. Changes shall be notified to the Commission for border waters.



Article 8



The implementation of water management measures



(1) water management measures in accordance with article 2 of this Agreement shall be carried out on

under the plan agreed by the Commission for border waters.



(2) Contracting Parties shall ensure the implementation of water management measures to

the territory of their States. The Commission for border waters may decide otherwise.



Article 9



Measures against floods



(1) the protection work against floods on the territories of their States-with the exception of

the work referred to in paragraph 2 shall be carried out by the contracting organisation concerned-

party at their own expense by the projects adopted by the Commission for border waters

respecting the principle of the same degree of safety on the territory of both States.



(2) a protective barrier in the section from Čuňova to the floodgate for birds of paradise within the meaning of

The agreement between the Czechoslovak Republic and the Republic of Hungary in case

some of the issues of water management related to the resignation of the territory of the

pursuant to article 1, point 4, paragraph "(c)" the Paris peace treaty, signed by the

on 9 April. October 1948 in Bratislava, is a barrage of mutual interest.

The costs associated with zpevňováním and the reconstruction of the dam on the basis

jointly adopted the project bear in proportion of the land area inundačního

(interest) of the territory of the Czechoslovak party to 44% and 56% of the Hungarian party.

Reinforcement and renovation of this dam, which exceed the volume of the works

together, the project received-by mutually agreed project-

secure and costs shall be borne by each Party on its territory alone.



(3) the competent authorities of the Contracting Parties shall implement water management

in the autumn of each year, a common local tour, which shall verify the

the State referred to in paragraph 2 of the levees and dykes and equipment

border waters, as well as preparedness for protection against floods.



Article 10



Protection against floods, the internal waters and against ledům



(1) each Contracting Party shall take place on their territory protection against

floods, internal waters and against ledům.



(2) in the case of extraordinary danger, the competent authorities of the Contracting Parties

mutually secure tion-after prior notification

border-crossing national borders authorities without travel

the documents, so that they can carry out local tour in order to protect their own

territory.



(3) at the time of the extraordinary danger of one Contracting Party shall provide the other

At the request of a Contracting Party without delay assistance and without delay when the

the handling of the minimal formalities, available labour force,

material and tools. The associated costs shall be borne by the Contracting Party that

assistance given.



(4) directive for protection against floods, the internal waters and against ledům

the Commission shall fix for edge water.



Article 11



The protection of waters against pollution



(1) the Contracting Parties shall endeavour to maintain the purity of the border waters,

where appropriate, in accordance with their economic and technical capabilities

to reduce their pollution by building and reconstruction of the purification stations.



(2) the competent authorities of the Contracting Parties will be systematically monitored

the purity of the border waters, together take samples of water, these samples

analyze the results of analyses and ujednocovat.



(3) if there is a safety perimeter of water pollution in ovlivňujícímu


the competent authorities of the Contracting Party in whose territory the pollution State

There are obliged to immediately submit a report to the competent authorities

the other Contracting Party, swiftly implement measures to eliminate sources of

pollution and prevent pollution.



Article 12



Dredging



(1) the Commission shall determine each year for border water use, location, range

and the method of dredging for the adjustment of boundary flows, security, ferry

and the extraction of the material, as well as how and where to save vybagrovaného

material.



(2) the permit issued by the competent water authority saw that

the Contracting Party on whose territory the work will be carried out.



Article 13



Keeping and tagging the waterways



(1) the competent authorities of the Contracting Parties to maintain and they're tagged the water path and

lay out the navigational path; on the Danube in accordance with recommendations of the Danube Commission.



(2) the competent authorities of the Contracting Parties be published reports on the cruise lines

proportions and of data.



(3) unless otherwise agreed, the obstacles in the water, remove

the competent authorities of the Contracting Party in whose territory the obstacle is.



Article 14



Reimbursement of costs



(1) the Contracting Parties shall bear the costs of the work resulting from this agreement

as follows:



and) each Contracting Party shall bear the costs of work carried out on your

territory and shall serve exclusively its interests;



(b)) the cost of the work carried out in the territory of one Contracting Party and used

only the interests of the other Contracting Party, shall be borne by the party making the sole Contracting

party;



(c) the cost of the work) that serves the interests of both Contracting Parties, shall be borne by

The Contracting Parties in proportion to their interests;



(d) the cost of the bed), dredging the Fords, regulatory dredging and

demarcation of the fairway on the joint section of the border flows shall be borne by

The Contracting Parties in the ratio of 50:50;



e) Danube Riverbed wrecks from World War II removes each

A Contracting Party on its own national territory at their own expense.



(2) the provisions referred to in paragraph 1 shall apply mutatis mutandis to the costs of

tracking, survey, research and planning, as well as for the cost of

maintenance and operation of water management works and equipment, where the Commission for the

the perimeter of the water does not provide otherwise.



Article 15



Statement of work and the costs



(1) the works referred to in article 14 shall be applied during the first half of the year

the following year. The directive provides for the Commission to settle for perimeter

water.



(2) according to the results reported by the Balance in favour of one Bill

The Contracting Parties will settle the other Contracting Party and in natura

the supply of material in the context of the implementation of this agreement.



(3) If an expense report for a period of 5 years such balance that cannot be

settle in natura, the debt is settled by credit agreement valid

between the two countries.



Article 16



The technical and financial control



The Contracting Parties shall allow the technical and financial control

the implementation of joint work, the work of common interest and work

carried out in the interests of one party to the other party.

The rules for carrying out checks, the Commission shall for the boundary waters.



Article 17



Provision of hydrological and hydrometeorological data



(1) the competent water authorities of the Contracting Parties shall regularly

provide details of the agreed vodočtů about water conditions, further data on the

precipitation and ice conditions.



(2) in order to prepare the security of flood protection, protection against

the internal waters and the risk of ice, the competent authorities of the Contracting Parties

promptly and directly communicate any data needed for the second Contractual

party, including permanent or temporary changes of natural

runoff ratios that result from the discharge of water from the tanks.



(3) measurement necessary for obtaining data on the border of hydrological

waters, their evaluation, registration, as well as other measurement and survey

the competent authorities of the Contracting Parties on the basis of a joint plan

and their results to each other regularly sesouhlasují.



Article 18



Survey markers



The competent authorities of the Contracting Parties shall, on its own national territory

protect, maintain, and where necessary complement, and restore height and

directional surveying markers required for water management measures.

The competent authorities of the Contracting Parties may use these tags to each other and

provide information about them.



Article 19



Water right management



(1) the relevant legal proceedings shall be decided in accordance with their own legal

regulations of the authority of the Contracting Party in whose national territory will be

the work carried out under this agreement.



(2) to the water works and water management objects that have

be implemented in the territory of the two Contracting Parties, shall be issued by the competent

water management authorities, the building permit on that part of the work and of the objects

for which they are competent. The building management is, if possible, take place

at the same time or will build on themselves. The competent authorities of the Contracting Parties

relevant legal concepts to enable mutually odsouhlasují.



(3) in matters relating to relevant legal authorisation the competent management

water management authorities of both Contracting Parties shall maintain direct contact and their

activities inform the Commission for border waters.



(4) the disputed issues between the water authorities of the Contracting Parties,

regarding project documentation, fixes the boundary water Commission.



Article 20



Crossing of State border



For the crossing of State borders and the presence on the territory of the second Member State

for the purpose of performing the tasks or the work arising from this Agreement shall be valid

the provisions of annex 2. The parties agree that the relevant central details

the authorities of the Contracting Parties.



Article 21



Customs provisions



(1) building materials and fuel are transported under this

agreement from the territory of one State on the territory of the other State, shall be exempt from

import and export duties and taxes. Export and import restrictions on

These materials do not apply.



(2) the working resources (machines, equipment, vehicles, traffic

resources, tools, etc.) they are temporarily exempted from payment of customs duties,

If their return transportation will be effected in the time provided for by the customs

authorities.



(3) the two Contracting Parties shall ensure the simplified preferential and free

Customs clearance of construction materials, fuel and working

the funds referred to in paragraphs 1 and 2.



Article 22



The solution of disputed questions



The issues that arise in the interpretation or implementation of this agreement and

that will not be able to resolve the Commission for border waters, will be submitted to the

the two Governments.



Article 23



Final provisions



(1) the agreement is subject to approval by the national provisions of both

The Contracting Parties and shall enter into force on the exchange of diplomatic notes about the

This approval.



(2) the agreement will be in effect for ten years. The validity of the agreement shall be extended

always on the next five-year period, unless one of the Contracting Parties

denounces it six months before the expiry of the relevant period of validity.



(3) the date of entry into force of this agreement, the losing, the agreement between

Czechoslovak Republic and the Hungarian people's Republic on the adjustment of

the technical and economic issues of border flows, signed in Prague

16 December 2002. April 1954.



(4) continue to remain in force, arrangements and guidelines provided by the

implementation of the agreement referred to in paragraph 3, as well as yet unfulfilled obligations

deriving from it.



Drawn up in Budapest on 31 December 2004. May 1976 in two copies, each in the

Slovak and Hungarian language, both texts being equally authentic.



For the Government of the Czechoslovak Socialist Republic:



Hagara in r.



For the Government of the Hungarian people's Republic:



István Gergely in r.



Č. 1



The Statute of the Commission for the Czechoslovak-Hungarian border waters



Article 1



The composition of the Commission for border waters



(1) the Commission for border waters (hereinafter referred to as "the Commission") consists of eight

members. Each Contracting Party shall appoint one representative to the Commission,

one representative of an agent and the other two members. Negotiations can be

also invited experts as needed.



(2) the Commission may, for the solution of tasks to create a working group.



(3) agents may directly to socialize and in the time between meetings of the

discuss routine matters. Shall inform the Commission at the next

the meeting and shall specify the measures applied in the Protocol of the meeting.



(4) the Commission shall establish its rules of procedure.



Article 2



The Scope Of The Commission



The scope of the Commission include the consideration and implementation of the tasks arising

This agreement, in particular:



and security cooperation and water management) solutions for technical and

economic issues, as well as the determination of the boundary waters aquatic conditions;



(b) establishment of guidelines for the design of) water management works, for

implementation of the Hydromechanical works, as well as other necessary directives;



(c)), respectively, the adoption of authorising Hydromechanical works and projects

water management works and establishing a timetable for the construction;



(d) the supervision of the execution of the work), the technical and financial control, as well as

statement of work that fall within the scope of the agreement;



(e) the security work, checking) their implementation and compliance

resolution;



f) systematic monitoring of the purity of the border waters and taking care of the implementation of the

measures related to the protection of frontier waters against pollution;




g) security survey, research and measurement, as well as the elaboration of studies,

that are related to the work of hydrotechnickými and water parts;



h) discussion of issues relating to the keeping and tagging the water

paths and June the fairway;



I) the measures required in the interest of assurance of agricultural utilization of parts

State territory separated due to the natural variations of the troughs of the border

water or their agreed transfer;



j) submission of contentious issues to address;



k) submission of proposals related to the preceding provisions or

any changes to the agreement, the Contracting Parties.



Article 3 of the



Session Of The Commission



(1) Regular meetings of the Commission shall be held at least once a year. At the request of

one of the agents shall within one month shall convene the extraordinary meeting.



(2) the meetings of the Commission-if agreed otherwise-held alternately on

the territory of the Czechoslovak Socialist Republic and the Hungarian people's

of the Republic.



(3) the meeting shall be convened by an agent of the Contracting Party in the territory of which the State

the meeting will take place.



(4) the agenda for the meeting shall agree, prior to the meeting, agents and

may amend the agreement during the meeting.



(5) each Contracting Party shall bear the costs of its members and experts related to the

meeting of the Commission.



Article 4 of the



Meeting Of The Commission



(1) the negotiations leading to that Contracting Party, an agent in the territory whose state is

the meeting is being held.



(2) the languages of the Commission are, respectively, the Czech and Slovak

Hungarian.



(3) the Commission shall take its decisions unanimously.



(4) the report of the meeting with the decisions in two copies,

each in Slovak, Czech and Hungarian respectively, which

signing agents.



Article 5



Approval of the resolution, the Commission



The Commission decision shall be subject to approval by the Contracting Parties. On the approval of

the designee shall immediately inform each other.



Č. 2



The adjustment for the crossing of State borders and the presence on the territory of the other

State



(1) persons who carry out tasks or perform the work resulting from this

the agreement, cross the State border on the basis of the licence to the crossing

national borders ("the licence"), made out in Czech or

Slovak and Hungarian language. As the purpose of crossing national borders

It should be noted in the card text: "water management tasks".



(2) license, qualifying to enter the territory of the Hungarian people's Republic

issued by the competent security authority of the Czechoslovak Socialist

Republic, qualifying to enter the territory of the Czechoslovak

the Socialist Republic issued by the Department of passports of the Ministry of the Interior

The Hungarian people's Republic. Model cards with each other, the competent

the authorities of the Contracting Parties.



(3) cards are issued with a validity period of five years and may be

also extend as needed.



(4) the Licence authorizes for repeated crossing of State border

border crossing points and in the sections in this licence referred to and delay

on the territory of the second Member State up to a depth of five kilometres from the border. In

in exceptional cases, when the performance of the duties arising from this

the agreement clearly requires, be issued with identity cards with permission to remain

even in these locations:



and) Bratislava, Dunajská Streda, Banská Bystrica, Zvolen, Lučenec,

Košice on Czechoslovak territory,



b) Györ, Tata, Visegrád, Nagymaros, Budapest, Miskolc and Nyiregyháza on

Hungarian territory.



(5) Each crossing State borders outside authorised border crossing points, as well as

place and time of crossing national frontiers, it is necessary to notify in advance

the competent authorities of the Contracting Parties, the sending to the border.



(6) persons for whom a reason for issue of the licence is given, may where necessary

neverthe cases on the list of the names together with the

the holder of the card, the card entitles you to do so. List of the names in the two

copies containing the maximum of twenty persons be made water

organization that the person emits, and for Czechoslovak citizens is attested by a

the competent security authority and competent citizens for the Hungarian border

authority. The persons referred to in the lists may exceed the State

the border together, and may stay in the territory of the other State the only way

for a long time and in such depth, as it is entitled to the licence holder. Persons

referred to in the lists are when crossing national borders

required to submit the identity card.



(7) licence Holders, as well as the persons referred to in the lists may

neverthe fundamentally in the time of day. If you will need to

cross State borders or stay on the territory of another State, whether or not

at night time, it is necessary to indicate this permission on the certificate.



(8) the crossing of the State border crossing points shall check the

the competent border authorities.



(9) loss of the licence, the holder shall immediately notify the authority,

which issued the licence. If there is a loss on the territory of the other State, it is

must immediately notify the nearest pohraničnímu authority this also

The Contracting Parties.



(10) in the case of extraordinary risk as referred to in article 10 of this agreement,

Security and safety sections of one Contracting Party may exceed the

the State border without licence, if so requested by the competent authorities for assistance

the other Contracting Party. In such cases, the State must be exceeded

frontiers in advance to notify the competent border authorities.



(11) the persons referred to in paragraph 10 are authorised to exceed State

borders at any place and stay in the territory of the other State, if the

There are essential. Can you take without special

to enable all the needs necessary for the execution of the work. When you go apply

If possible, the nearest border crossing.



(12) the Marking of the ship that are marked with the prescribed manner, may

land without prior notice on the banks of the port of the flow of the second

State and their crew to perform the work under this agreement.



*) Publishes an English translation here.

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