66/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 12 June. December 1995 was in
Dresden signed between the Czech Republic and the Federal
Republic of Germany on cooperation on border waters in water
the economy.
Treaty has entered into force pursuant to its article 15, paragraph 1(a). 1 day
October 25, 1997. This Agreement replaces the Agreement between the Government of
The Czechoslovak Socialist Republic and the Government of the German Democratic
Republic on cooperation in water management in frontier waters of
27 June. February 1974, promulgated under no. 54/1974 Coll. Entry into force
The contract shall expire and the adjustment, contained in nótách Government
The Czechoslovak Socialist Republic and the Government of the Federal Republic of
Germany of 4 June. and 11. December 1981 on the designation of agents for
the perimeter of the water, under the famous No. 33/1982 Coll.
The Czech version of the Treaty shall be designated at the same time.
CONTRACT
between the Czech Republic and the Federal Republic of Germany on cooperation on
border waters in the area of water management
Czech Republic and the Federal Republic of Germany,
kept trying to edit and further improve cooperation on border waters
in the area of water management,
starting from the contract between the Czech Republic and the Federal Republic of
Germany on the common borders of 3 June. November 1994,
starting from the contract between the Czech and Slovak Federative Republic of Brazil
and the Federal Republic of Germany on good neighbourhood and friendly
cooperation of 27 June. February 1992,
Bearing in mind the objectives of the Convention on the protection and use of border water
Watercourses and international lakes of 17 March. March 1992,
in order to secure the adjustment, maintenance and repair, as well as
the coordinated management of border waters and to improve their quality,
convinced that close cooperation on border waters in the area
the water represents the mutual benefits and contributes to the
the strengthening of good-neighbourly relations,
have agreed as follows:
Article 1
The Parties shall cooperate on border waters in water
the economy.
Article 2
1. The perimeter of the water are:
and) sections of water courses or their main arms, whose centre line
forms the State boundary,
b) watercourses that are protínány national borders, in the field of 15
meters on both sides from the profile of the crossing,
(c)) sections of water courses of the river Elbe and the Ohře, which are national borders,
(d)) the other surface and underground water in a place where it is intersected by State
the boundaries.
2. the relevant provisions of this Treaty shall apply mutatis mutandis also to:
and the territory of the border waters flooded areas),
(b)) surface water and groundwater in the vicinity of frontiers, the
These measures could significantly affect the water conditions on the
border waters,
(c)), in particular the water facility water supply and sewage system, which is
outside the border of water and are proťata national borders.
Article 3
1. the Contracting Parties shall cooperate on border waters, in particular in those
areas:
and changes in the water regime,)
(b) maintaining and editing) of the waterways,
(c)) the construction, operation and maintenance of water management works and equipment for
water measurement,
(d)), protection against floods and ice hazards,
(e) extraordinary measures) the deterioration of the water quality, exceptional
hydrological events, including warning and information services,
(f)) water drainage and land reclamation measures,
g) use of water power,
h) water sampling
I) discharge of waste water, and other
j) protection and improvement of the quality of water,
k) protection of water resources,
l) the construction, equipment and activities that can have an effect on the flow conditions,
m) investigation, measurements and observations, as well as their evaluation and exchange of
the results and information
n) water management planning and support;
about) the protection and coastal habitats, akvatických
p) water protection as a component of the natural environment.
2. the Treaty does not address the issues of a farm or questions and measures
concerning the shipping; negotiations on the issues of the protection of the border waters
pollution from these activities, however, this does not exclude.
Article 4
1. the Contracting Parties shall set up, for the performance of this contract the Czech-German Commission
for the boundary waters (hereinafter referred to as "the Commission"), and shall appoint its members.
2. the Commission shall establish the performance of its tasks by the Standing Committee for the Bavarian border
(hereinafter referred to as "the Standing Committee Bavaria") and the Standing Committee on the border of Saxony
(hereinafter referred to as the "Standing Committee of Saxony").
3. The composition and procedure of the Commission, the Standing Committee and the Standing Committee
Saxony modifies the Statute, which is an integral part of this agreement.
Article 5
1. Cooperation shall include in particular the following tasks for the performance of which provides for the
The Commission policy:
and, the preparation and planning) implementation of water management measures,
(b)) the maintenance of watercourses, as well as the construction, operation and maintenance
hydraulic equipment,
(c) the valuation of the works, performances) and supplies, as well as the common acceptance and
mutual billing these water management measures,
d) monitoring the quality and quantity of water, as well as the evaluation and exchange of
the results,
(e) the development of warning and alarm) plans as well as plans of action
against flooding, icy danger and in critical States of quality
waters,
(f) development of water management plans) and professional balance,
(g)) the coordination of the administrative proceedings.
2. For the Commission to coordinate the activities of the Standing Committee Bavaria and
The Standing Committee discussed the issues of Saxony and that occur when
the implementation of this Treaty.
3. the Commission may adopt recommendations to the Contracting Parties, in particular the proposals on the
measures to:
and the protection and improvement of the status of) water quality,
(b) the protection and improvement of drainage) and the protection of natural
the retention of the territory,
(c)) and coastal habitat akvatických protection.
4. the Commission sets out the principles and tasks for cooperation in the Standing Committee
Bavaria and Saxony in the Standing Committee.
5. The Commission shall adopt guidelines for the direct cooperation of the competent authorities and
Professional workplaces.
Article 6
1. Water management measures are technical measures to carry out the tasks of the
of the Treaty.
2. the Contracting Parties shall inform each other in good time of its intentions to
water management measures, shall communicate to each other all necessary data and
inform about the next steps. In the framework of the principles laid down by the Commission is perhaps the
direct cooperation of the competent authorities and authorised professional workplaces.
3. in the exceptional quality of water and zhoršeních in emergency
hydrological events, the competent authorities shall immediately inform the
water management measures which have been or will be carried out without
prior to the hearing in order to avert or mitigate the threat.
Article 7
1. Each Contracting Party shall bear the costs for the implementation of water management
measures on the territory of its State, to serve exclusively its interests.
2. the costs for the implementation of water management measures that serves the interests of
both Contracting Parties shall be borne by the Contracting Parties in proportion to their interests without
considerations on it, whether it is work on the territory of one or both of the
of the parties.
3. The cost of water management measures that will be implemented on the territory of the
the State of one of the Contracting Parties, but serve exclusively the interests of the other
the Contracting Parties shall be borne by the Contracting Party, in whose interests these measures
is used.
4. The costs associated with the focus, design, and implementation management
water management measures, the Contracting Parties will not meet each other,
If not otherwise agreed.
5. The costs of the measures relating to the maintenance and modifications on the frontier waters,
as well as the maintenance and operation of water management facilities used for
maintaining or improving drainage conditions will be between the Contracting Parties
applied by performing the work or supply of material, unless
agreed upon a different way of settlement. For the payment of the cost of other
water management measures, the Commission may agree, if necessary, other
the method of compensation.
Article 8
1. In the framework of the principles laid down by the Commission and the competent authorities responsible for vocational
workplace:
and find physical, chemical) and the biological status of the border waters,
(b)) shall be measured in the profiles of the water levels and find the appropriate drainage,
(c)) shall be carried out in the interest of the effectiveness of the joint inspection of the border waters.
The results shall be communicated, together is evaluated, and through the Permanent
the committees shall submit to the Commission is.
2. In the framework of the principles laid down by the Commission, the competent authorities shall set up and maintain
and the designated expert water marks, 25, and hektometrové
characters, vodočty and profiles on border waters and measuring space
groundwater in the vicinity of frontiers.
Article 9
1. the Contracting Parties shall in the framework of the Commission, in order to protect and
the rational use of border waters, notify each other of significant
water management plans, and from them the expected effect on the quantity and
the quality of the border waters.
2. the Commission may process for the selected border of water of the common
water balance, water management expert plans and agree
the coordination arrangements for their protection and use.
Article 10
1. The Contracting Parties shall act to ensure that the reduced pollution
the border of water and taken the necessary measures to limit, control and
the reduction of the negative effects of the activities of the territories of their States on the border
water and the environment in their area.
2. The Contracting Parties shall in the framework of their national legislation
support the construction of facilities, and other measures to prevent or mitigate the
the pollution of waste water management and border waters of the substances that the quality of the
these waters threaten.
Article 11
1. In the framework of the principles laid down by the Commission will coordinate on border waters
the competent authorities and each other, the designated expert reporting and
alarm, as well as intervention plans for protection against floods and icy
danger and plans measures in critical States of the quality of water.
2. During floods, ice hazards and critical States's water quality
provide the competent authorities and which was responsible for expert help, if
it applied for and if this might help.
Article 12
1. Water management measures on border waters shall be assessed in accordance with
the national legislation and the authorities of the Contracting Party on whose
the territory of the State, the measures are carried out. In administrative proceedings held for the
to this end, it must be discussed by the opinion of the other party.
2. in the case of water management measures on border waters, which will be
carried out on the territory of the States of both Contracting Parties shall
the competent authorities for the part of water management measures in the territory of their
State. The administrative procedure must be carried out so that the decision was
content aligned to each other.
3. in the case of water management measures on border waters may be administrative
management terminated only after discussion in the Standing Committee. When
the risk of delay is permitted without consultation in the implementation of the measures
The Standing Committee, however, after prior agreement of the competent authorities of the two
of the Contracting Parties. Discussion in the Standing Committee, as well as the necessary administrative
the proceedings may take place.
4. the competent authorities of the Contracting Parties may, in water management
administrative matters to enter into direct contact.
Article 13
1. the Commission shall, if necessary, it is factually cooperate and coordinate activities with
The International Commission for the protection of the Elbe and the International Commission for the protection of
The Oder, as well as with other bilateral and
multilateral commissions in the area of water management.
2. The Commission shall cooperate with the Permanent Commission of the Czech-German border, if
These are the questions over the borders of the border waters. Standing committees on
request this Commission the method and extent of the changes on the border
waters, caused by the changes to the course of the borders and the measures to them
in this context the need to do so.
Article 14
1. Persons who are nationals of one of the Contracting Parties, may
in order to carry out the tasks under this agreement exceed the State border
in a specified place or space required to perform these tasks, if
they have the consent of the competent authority of the other Contracting Party and for myself
a valid document for crossing the State border and a business card.
The provisions apply to these tasks also for nationals of third States,
who shall not be subject in any of the two States of the Contracting Parties and in any of the
the Member States of the European Union visa requirement.
2. the persons crossing the State border pursuant to this Treaty shall be subject to
Passport and customs control.
3. Material that is exported from the customs territory of one Contracting State
Parties to the customs territory of the other Contracting Party and is used for
the work under this contract, shall be exempt from import and export duties and
the fees. Unused material will be exported back to the customs territory of the
the State of the Contracting Party where it was imported.
4. Import and export duties and taxes under this Treaty are import
and the export duties, as well as all other taxes and charges levied on imports
and the export of goods.
5. provided the re-export are exempt from import and
export duties and taxes, and also from the obligation to ensure the customs debt:
vehicles, tools, instruments, tools, apparatus and machines, which are
imported from the customs territory of one Contracting Party, the customs territory of the
the State of the other Contracting Party for the work under this contract. These articles
It is to be exported no later than the month after the end of the work of the customs territory,
from which they were imported.
6. The goods referred to in paragraphs 3 and 5, which is used by this
of the Treaty, is not subject to import and export prohibitions and restrictions.
Article 15
1. the Governments of the Contracting Parties exchange diplomatic channels
written communications that for the entry into force of the Treaty have been created
the necessary national assumptions. The contract shall enter into force 30 days
After the date of the last written notification will be delivered confirming
national approval.
2. The entry into force of this Agreement shall remain unaffected by the existing water
the law on border waters and related commitments.
3. this agreement is concluded for an indefinite period of time.
4. After the expiry of five years from the entry into force of this contract may be
the Government of each of the Contracting Parties in writing through the diplomatic channel is terminated
no later than six months before the end of the calendar year. The contract shall cease to be in
this case, the end of the calendar year.
5. Continuation of the already initiated or limited common
water management measures and arrangements, which are the basis of these
measures, the termination of the contract shall remain unaffected. As regards this
the measures will be applied, article 7 until their completion.
6. This Agreement supersedes the agreement between the Government of the Czechoslovak
Socialist Republic and the Government of the German Democratic Republic
cooperation in water management in frontier waters of 27 June. February
1974. The entry into force of this Treaty shall expire and the adjustment
contained in the nótách of the Government of the Czechoslovak Socialist Republic and the Government
The Federal Republic of Germany from June 4. and 11. December 1981 on the appointment
agents for border waters. The continuation of the already initiated or time
Limited joint water management measures, as well as the arrangement
closed on water management tasks on border waters remain the
unaffected.
Given in Dresden on 12 June 2006. December 1995 in two original copies,
every in Czech and German languages, both texts being equally
force.
For the Czech Republic:
Ing. František Benda, Phd. in r.
the Minister of the environment
For the Federal Republic of Germany:
Adolf von Wagner in r.
the representative of the Federal Ministry of Foreign Affairs
Dr. Angela Merkel in r.
the Federal Minister for the environment, nature conservation and nuclear
safety
The STATUTE of the
The Czech-German border water Commission and its standing committees
Article 1
1. The delegation of the Czech Republic and the Federal Republic of Germany in the Commission are
composed of not more than nine members. Each Contracting Party shall designate from among the members
his delegation representative, who is also the head of the delegation in the Commission,
as well as his Deputy, the head of delegation shall appoint standing committees and
their representative. The number of the members of the delegation in permanent committees provides
Of the Commission.
2. Each delegation shall have one vote. Resolutions are taken by the consent of both
the delegations.
Article 2
1. The Commission shall meet annually, in urgent cases,
not later than two months at the request of one of the agents. The meeting is
should be convened so as to guarantee the continuous work of the standing committees.
2. meetings of the standing committees shall be held at least once a year, in sufficient
ahead of the meeting of the Commission.
3. Unless otherwise agreed, the Commission meets and its standing committees
alternately in the territory of the Czech Republic and on the territory of the Federal Republic of
Germany.
4. the meetings shall be convened by the head of delegation of the Contracting Party in whose territory the
the State of the session will be held, after the agreement with the other head of delegation
the Contracting Parties.
5. Between the meetings of the Commission and heads of delegations may be agents of the Permanent
committees to act directly in justified cases. The results of such negotiations,
be submitted to the Commission at its next meeting.
Article 3 of the
1. Standing Committees shall be taken on the results of their meeting Minutes in two
copies, each in the English and German, which shall be signed by
the head of the delegation and presented to the Commission.
2. the Commission shall provide the results of its meetings, the Protocol in two
copies, each in the English and German, which shall be signed by
agents. Part of the Protocol are the minutes of the standing committees.
3. Agents shall be submitted to the Protocol as soon as possible to their Governments to
approval. The results will inform each other without delay.
4. the Protocol shall enter into force on the date when the two agents will receive notification
about his approval of the other party.
Article 4 of the
1. Each delegation in the Commission and in the Standing Committees have the right to invite
professional experts.
2. The Commission and the standing committees may experts perform the Save professional
individual, precisely defined tasks.
Article 5
Each delegation in the Commission and in the permanent committees shall be borne by its costs, as well as
and the costs of its technical experts and interpreters.
Article 6 of the
The Commission and the standing committees may create for each of the sections of the border
waters and for each skill according to the needs of groups of professional experts
with a cast of parity and provide for their tasks.
Article 7
The working languages of the Commission and of the standing committees are Czech and German.
Article 8 of the
The Commission and the standing committees shall be determined by the rules of procedure.
