Netherlands-German Border Treaty Implementing Law

Original Language Title: Uitvoeringswet Nederlands-Duits Grensverdrag

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Law of 22 May 1963 laying down the Law on the Law of the Netherlands-German Border Treaty

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

Having considered that it is desirable, in connection with the Treaty of 8 April 1960 in The Hague between the Kingdom of the Netherlands and the Federal Republic of Germany concerning the progress of the common land border, we have taken the view that the border waters, land area in close proximity to the border, cross-border traffic over land and via inland waterways and other border-related issues, with Annexes and Final Protocol (Border Convention), any legal provisions to be taken;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. General provision

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Article 1

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For the purposes of applying to or pursuant to this Act, the following definitions shall apply:

  • a. "General Treaty", the General Convention between the Kingdom of the Netherlands and the Federal Republic of Germany concluded on 8 April 1960 between the Kingdom of the Netherlands and the Federal Republic of Germany to regulate matters relating to the frontier and other existing problems ( Trb. 1960, 67);

  • (b) "Border Treaty" means the Treaty on the functioning of the common land border, the border waters, the land area in the vicinity of the border, the border waters of that Treaty which is part of the General Convention of that Treaty, cross-border traffic over country and via inland waterways and other border-related issues, with Annexes and Final Protocol ( Trb. 1960, 68);

  • c. "Border waters", surface waters, including the banks, crossing the Dutch-German border or partly these forms, with the exception of the Rhine, the Eems and the Dollard;

  • d. "Public bodies", the provinces, municipalities and bodies governed by public law in the areas of the Kingdom of the Netherlands and of the Federal Republic of Germany for the border waters.

Chapter II. Issues related to the transition of border areas

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Article 2

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The territories belonging to the territory of the German Empire on 31 December 1937 and under Article 1 of the Border Convention belong to the territory of the Kingdom of the Netherlands with effect from the date of entry into force of the Convention. Border Treaty is part of the municipality: Vaals, in so far as concerns the area, situated along the new border as described in Paragraph 5 of Annex A of the Border Convention; Kerkrade, in so far as concerns the area, situated along the new frontier described in Paragraph 6 of Annex A to the Border Convention; Kerkrade, for so many areas, situated along the new border as set out in Article 7 of Annex A to the Border Convention; Kerkrade, for so far, the areas adjoining the territory of the territory, situated along the new frontier described in Article 8 of Annex A to the Border Convention; Eijgelshoven, for so far, the areas adjoining the territory of the territory, situated along the new frontier described in Article 8 of Annex A to the Border Convention; Ubach on Worms, for so far, the areas adjoining the territory of the territory, situated along the new frontier described in Article 8 of Annex A to the Border Convention; Ubach on Worms, in so far as concerns the area, situated along the new border as described in Paragraph 9 of Annex A of the Border Convention; Schineld, in so far as concerns the area, situated along the new frontier described in Paragraph 11 of Annex A to the Border Convention; Sittard, for so many areas, situated along the new border as described in Paragraph 12 of Annex A of the Border Convention; Newstadt, for so many areas, situated along the new border as set out in § 13 of Annex A of the Border Convention; Susting, in so far as concerns the area, situated along the new border as described in Paragraph 14 of Annex A to the Border Convention; Curdrop, for so many areas, situated along the new border as described in Paragraph 16 of Annex A to the Border Convention; Arcen and Fields , in so far as the areas concerned are situated along the new frontier described in Paragraph 17 of Annex A to the Border Convention; Arcen and Fields , in so far as the areas concerned are situated along the new border as described in Paragraph 18 of Annex A to the Border Convention; Mountains, in so far as concerns the area, situated along the new border as described in Paragraph 19 of Annex A to the Border Convention; Mountains, in so far as concerns the area, situated along the new border as described in Paragraph 20 of Annex A of the Border Convention; Mountains, in so far as it concerns the area, situated along the ground of § 21 (b), A -new frontier described in Annex A of the Border Convention; Ottersum -in so far as the area is concerned, situated along the ground of § 21 (b) B -new frontier described in Annex A of the Border Convention; Ottersum , in so far as it concerns the territory of the territory of the territory of the territory, situated along the new frontier described in Article 22 of Annex A to the Border Convention; Groesbeek, for so many purposes, the area adjacent to the territory of the territory is situated along the new frontier described in Paragraph 22 of Annex A to the Border Convention; Groesbeek, for so far the area, situated along the new border between border stones 626 IX and 628, as set out in § 23 of Annex A of the Border Treaty; Groesbeek, in so far as it concerns the area adjacent to the territory of the territory of the territory, situated along the new frontier as described in Paragraph 23 of Annex A of the Border Convention to a line, which runs as follows: Bis V in a straight line to a point, located on the connection line between the poles 629 Bis VII and 629 Bis XIII, and at a distance of 25 metres from pole 629 Bis VII; from this point in a straight line to pole 629 Bis XIII, from the former frontier to pole 630 X, from this pole in a straight line to pole 630 XII, from this pole the former frontier crossing point to pole 630 XIV, from this pole in a straight line to pole 630 XVI, of this pole. the former national frontier following pole 631, from this pole in a straight line to pole 631 IV, from this pole the former row boundary following pole 631 VI, from this pole to a point, situated on the connecting line between poles 631 VI and 631 XI, and at a distance of 15 metres from pole 631 XI; from this point in a straight line to pole 632; Ubbergen, in so far as it relates to the other area, situated along the new frontier described in Paragraph 23 of Annex A to the Border Convention; Millingen aan den Rijn, in so far as concerns the area, situated along the new border as set out in Paragraph 24 of Annex A to the Border Convention; Sevenar, in so far as concerns the area, situated along the new border as described in Paragraph 26 of Annex A to the Border Convention; Bergh, in so far as concerns the area, situated along the new border as described in Paragraph 27 of Annex A to the Border Convention; Bergh, in so far as concerns the area, situated along the new border as described in Paragraph 28 of Annex A to the Border Convention; Bergh, in so far as concerns the area, situated along the new border as set out in § 29 of Annex A of the Border Convention; Gene penetration, for so many areas, situated along the new border as set out in § 31 of Annex A of the Border Convention; Gene penetration, for so many areas adjacent to the territory of the territory, situated along the new frontier described in Paragraph 32 of Annex A of the Border Treaty, to a line, from the point of intersection of the border between the Communes of Genpenetrate and Dinxperlo drawn perpendicular to the new frontier at the same time as the old row of the Rhine; Dinxperlo, for so many purposes, the area of the territory of the municipality of Dinxperlo, as last mentioned above, situated along the new frontier as described in Paragraph 32 of Annex A to the Border Convention; Dinxperlo, for so many areas, situated along the new border as described in Paragraph 33 of Annex A of the Border Convention; Egg mountains, for so many areas, situated along the new border as described in Paragraph 34 of Annex A to the Border Convention; Egg mountains, in so far as concerns the area, situated along the new border as described in Paragraph 35 of Annex A of the Border Convention; Looser , in so far as the areas concerned are situated along the new border as described in Paragraph 36 of Annex A to the Border Convention; Looser, in so far as concerns the area, situated along the new frontier described in Paragraph 37 of Annex A to the Border Convention; Looser, in so far as concerns the area, situated along the new border as described in Paragraph 38 of Annex A to the Border Convention; Looser, for so many, the area adjacent to the territory, situated along the new frontier described in Paragraph 39 of Annex A of the Border Treaty, to a line, from the point of intersection of the border between the Communes Looser and Denekamp Old row boundary perpendicular to the new row of row; Denekamp , in so far as it relates to the territory of the municipality of Denekamp, as last mentioned above, situated along the new frontier described in Paragraph 39 of Annex A to the Border Convention; Denekamp , in so far as the territories are concerned, situated along the new frontier described in § 40 of Annex A of the Border Convention; Hardenberg, for so many areas, situated along the new border as described in Paragraph 41 of Annex A to the Border Convention; Coevordes, for so many areas, situated along the new border as described in Paragraph 42 of Annex A to the Border Convention; Coevordes, for so far, the areas adjoining the territory of the territory, situated along the new frontier described in Article 43 of Annex A to the Border Convention; Cleancreek, for so far, the areas adjoining the territory of the territory, situated along the new frontier described in Article 43 of Annex A to the Border Convention; Bellingwolde , in so far as the area is concerned, situated along the new frontier described in Paragraph 45 of Annex A to the Border Convention; Neweschans , in so far as the area is concerned, situated along the new frontier described in Paragraph 46 of Annex A to the Border Convention; Beerta, for so many areas, situated along the new border as described in Paragraph 47 of Annex A to the Border Convention.


Article 3

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The territories belonging to the territory of the German Empire on 31 December 1937 and under Article 2 of the Convention, as from the times referred to in that Article, shall belong to the territory of the Kingdom of the Netherlands The Netherlands, shall be part of the municipality as from the said dates: Kerkrade, for so many areas, situated along the future border as described in Paragraph 2 of Annex B to the Border Convention; Curdrop, for so many areas, situated along the future border as set out in Article 3 of Annex B to the Border Convention; Curdrop, for so many areas, situated along the future border as set out in § 4 of Annex B to the Border Convention; Denekamp, for so many areas, situated along the future border as set out in § 5 of Annex B to the Border Convention.


Article 4

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The Communes referred to in Article 3 of the Grenscorrective Act shall be paid a fee under Chapter VIIA of the State's budget on account of capital expenditure which has not yet been amortised, for the benefit of and in respect of the expenditure under the Act of (i) this law has been given to the Kingdom of added areas and a reimbursement of the costs of works which they still have to carry out in the implementation of the Border Convention. The granting of these fees will be provided by our Minister of the Interior.


Article 5

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The Grenscorrection Act shall be repealed with effect from the date of entry into force of the Border Convention.


Article 6

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Drostambten Elten and Tudderen shall be removed from the date of entry into force of the Border Convention.


Article 7

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Our Minister of Home Affairs is in charge of the implementation of the previous article. He may make further arrangements in this regard.


Article 8

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  • 1 The provisional contribution from the Municipal Fund to the Dreamworks of Elten and Tudderen for the year under which the Border Convention enters into force shall be made up to the amount obtained by multiplying the amount calculated on an annual basis. These allowances are broken, the denominator of which is 365 and the numerator is equal to the number of days, which expires on 1 January of that year until the date of entry into force of the Border Convention.

  • 2 Provisional cash benefits from the Municipal Fund, provided that they have not yet been followed by a final settlement during the entry into force of the Border Convention, shall be regarded as final benefits.


Article 9

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  • 1 The provisional benefits referred to in Article 2 of the Deferred Tax and Staff Regulations of the Communes shall be paid to the Dir and Tudderen for the last time in the month preceding the date in which the benefits are paid. Border Treaty enters into force.

  • 2 The differences referred to in Article 3 of the Conditions of Employment referred to in paragraph 1 shall come into force as from the date of entry into force of the Border Convention or for the benefit of the State's treasury.


Article 10

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  • 1 The Dutch officials, in the permanent and temporary service of the Lts and Tudders, and the persons to whom our Minister of Home Affairs considers them, to be the same as that on the day preceding that of entry into force of the Border Treaty employed in the Deersambten Elten and Tudderen, shall be deemed to have been discharged from office honorably as from that entry into force.

  • 2 In Chapter VII (A) of the budget, the persons referred to in the first paragraph shall be paid in accordance with the provisions of the Court of First subparagraph. 1959 Driving Waits Decision . The granting of this waiting money and the taking of decisions on this matter shall be made by our Minister of the Interior.

  • 3 In so far as application of the 1959 Driving Waits Decision In the case of a person liable to pay less favourable than under the waiting arrangements of the dry office, a choice may be made for the latter.


Article 11

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  • 1 The amount of time spent on the waiting money referred to in the previous article shall be paid, unless the missing old age pension, as referred to in the first paragraph of Article 48, is to be paid to the person concerned, under the conditions laid down in the first paragraph of Article 48. b. of the Pensions Act 1922, Stb. 240, is granted by virtue of the relationship to which he derives the waiting money as a service time within the meaning of the latter law if the person who left his waiting money, the person who left his waiting money, was last in favour of his Dismissal of a civil servant within the meaning of the law was, and to the extent that that time does not run in parallel with service time as an official in the sense of the Pensions Act 1922, Stb. 240, or as a railway official within the meaning of the Pension Act for Railway Officials, 1925, Stb. 294, in a relationship or in relations, in which that capacity was obtained after that dismissal, or in a military relationship, in which he was placed after his dismissal.

  • (2) If a pensioner, or as a lump sum of the pension bases, applies, only for the calculation of the civil servant's pension under the Pensions Act 1922, Stb. 240:

    • a. during the period valid under the preceding paragraph, the amount which would have been valid as a pension or as a pension base as a sum of the wager or the pension bases, if the latter would have had the corresponding amount of the pension, if the amount of the pension was not way, as intended in the 1959 Driving Waits Decision , calculated race during that time as a civil servant would have enjoyed in the sentence animal law;

    • b. for the period not valid for retirement in accordance with the preceding paragraph for parallel service time, in so far as the bet or sum of the betting in the relationship or in relations, in which the capacity of a civil servant in the sense of the Pension Act is taken 1922, Stb. 240, or railway official within the meaning of the Pension Act for Railway Officials 1925, Stb. 294, obtained after the dismissal or in military terms, is lower than the A last, the amount, which would have been applied as a pension or as a pension base, as a lump sum or as a sum of the pension bases, if the latter did not have the same relationship or had no relations with it. Coated. If, after his resignation, he is charged more than one, the amount referred to in the previous sentence shall be deemed to have been proportional to that relationship in proportion to the ratio of the actual amount of the aid to that relationship. -Relations connected.

  • 3 The amount of money for the money placed on waiting amounts, before 31 December of each year, represents a contribution to the General Civil Society Pension Fund of 13% of the amount, which, according to the preceding paragraph, on 1 January as a pension base or as a sum of the pension bases applicable to him, where appropriate reduced by that of his pension base or from the sum of his pension bases on that same date in relations or relations held after dismissal, in which the status of official within the meaning of the Pension Act 1922, Stb. 240, after the dismissal was obtained.

  • 4 Contributions payable according to the preceding paragraph shall be made up to two per cent of the amount, which may be reduced according to the preceding paragraph, by deduction at the amount of the person concerned, which shall be as a pension base or as a sum of (i) pension bases.

  • 5 For the purposes of the first three members of this Article, Articles 125, 127, 127 A and 129 A of the Pensions Act 1922, Stb. 240, corresponding application.


Article 12

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To the Dutch, who, on the day preceding that of the entry into force of the Border Convention, were employed by the dry offices of Elten and Tudderen under civil law, and who were employed in connection with the abolition of the In accordance with the provisions of the 1952 Allowance Scheme, a benefit is granted under Chapter VIIa of the State budget. The granting of this allowance and the taking of decisions on this subject shall be made by our Minister of the Interior.


Article 13

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General rules of management shall be governed by rules implementing Article 11 of the Border Treaty.


Article 14

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In the areas referred to in Article 6 of the Border Convention, to which the Law of the Grenscorn did not apply, the transition from the German to Dutch law shall apply to the provisions of the Articles 15 to 17 .


Article 15

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  • 1 PachaL agreements, which until the entry into force of this law have applied for an indefinite period, shall be valid for a period of six years, provided that the years, during which the lease agreement existed before the said date, shall be valid for the duration of the period of application of the provisions of the Act. calculation of that duration up to a maximum of four years.

  • 2 Leases, which until the entry into force of this Act have applied for a period of time, are valid for the duration for which they have been entered.

  • 3 By way of derogation from the preceding paragraphs, a lease contract, which has been terminated in a legally valid manner before the entry into force of this Act, shall end on the day at which the termination was terminated, unless it is already notified at the notified date of the notice, as stated in paragraph 8 of the "Landpachtgesetz" was annulled by the judge. However, if at the time of the entry into force of this Act, the termination of the notice could still be annulled by the courts, the other party may, until six months after that date, have the right to annul the proceedings before the court in which the matter is held in which the decision is taken. claims termination. The judge decides fairness. If he/she assigns the claim, the lease contract shall apply to the duration specified in the preceding paragraphs.


Article 16

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  • 1 PachaL agreements, which were entered into in writing before the entry into force of this Law and notified to the authority referred to in Paragraph 3 of the Landpachtgesetz, shall be deemed to have been approved by the ground chamber, unless that authority is required by virtue of § 3 of the Law of the Land of Appeal. 5 of the Landpachtgesetz (Landpachtgesetz) has raised objections to which the parties have not been satisfied by a timely change to the lease and which have not been rejected as unfounded by the court.

  • 2 PachaL agreements which, before the entry into force of this law, have not been brought to the attention of the authority referred to in the preceding paragraph shall be deemed to have been approved by the ground chamber.

  • 3 PachaL agreements entered into before the entry into force of this law, but not deemed to have been approved by the ground chamber under the preceding paragraphs, must be submitted to the ground chamber for approval within one year from the date of that date. submitted. However, this obligation does not apply in respect of lease agreements, as provided for in Article 58 of the Pachtwet . Each of the parties shall be obliged to send a consignment; as soon as one of their parties has fulfilled his obligation, the party shall cease to be of the other. Failure to fulfil obligations shall be deemed to be an infringement of Article 8, first paragraph, of the Pachtwet . In that case, as long as the lease agreement has not been approved, the lessor may not set a legal claim for the payment of the tenant price against the tenant. The Articles 9 and 10 of Pachtwet remain out of application.

  • 4 If the ground room amends or annuls a lease agreement, the decision to this effect shall not be returned.

  • 5 Under lease agreements, this Article means agreements to amend a lease agreement.


Article 17

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  • 1 If a lease contract, which is valid for at least 12 years for a farm and of at least six years for loose land, ends within two years after the entry into force of this law, the notification may be given in accordance with the provisions of the Article 36, second paragraph, of the Pachtwet , up to a year after this time will be done.

  • 2 For lease agreements, which apply for a shorter duration than mentioned in the previous paragraph, Article 37 of Pachtwet of corresponding application, provided that the tenant has until one year before the end of that period, or, where the lease agreement ends within two years after the entry into force of this Law, until one year after the date of entry into force of the lease. can request to extend the lease agreement.

  • 3 PachaL agreements, which could no longer be renewed by Paragraph 8 of the Landpachtgesetz at the time of entry into force of this Law, are not subject to renewal.


Article 18

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  • 1 The "Grunddebts" arising from the German "Gesetz zur Sicherung von Forderungen für den Lastenausgleich" of 2 September 1948 in the territories referred to in Article 6 of the Border Treaty shall, in so far as they have not already been It's gone. It's gone.

  • 2 The amounts arising under the law referred to in the preceding paragraph shall be paid back to persons who have made such payment or to their legal persons under the law referred to in the preceding paragraph.


Article 19

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  • 1 In the event of an application for recovery in accordance with Articles 18 and 20 of the Border Convention, the Minister of Finance shall, by written contract, appoint a recipient of the direct taxes charged with recovery. Our Secretary of State may, at any time, revoke or suspend the execution of such a request for recovery.

  • 2 Subject to the following paragraph, the laws of 22 May 1845 on a amount to be recovered in accordance with paragraph 1 (1) Stb. 22) and from 1 June 1850 ( Stb. 26), subject to the following conditions:

    • a. The contract shall be treated in the same way as a kohere;

    • (b) the amount to be recovered shall be treated in the same way as an attack in the income tax of a person not guilty of the person living within the European Union;

    • c. to replace the ticket to the place of landing, a written request from the recipient shall be paid;

    • (d) opposition to the enforcement of the enforcement order may not be directed at the lawfulness of the order of our Minister of Finance;

    • e. the recipient, to whom the order for recovery has been granted, shall be deemed to act on behalf of the Board of Taxation for the purposes of Article 20 of the Law of 22 May 1845.

  • 3. Articles 2, 3, 8, 12 and 17, first paragraph, of the Law of 22 May 1845 shall not apply. The measure of compulsion has been ruled out.


Article 20

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  • 1 Persons and bodies, residing or established at the time of entry into force of the Border Convention in the areas referred to in Article 4 of the Border Convention, shall be deemed to be the subject of the application of the Dutch tax legislation. Rich in Europe at that time left to have left living outside of the Empire in Europe.

  • 2 In respect of persons or bodies referred to in paragraph 1, the following shall remain outside the scope of:

  • 3 In respect of built and unbuilt property situated in the areas referred to in Article 4 of the Border Convention, the tax year in which the date of entry into force of the Border Convention is subject shall be due to so many twelfth parts of the tax year if all months have elapsed before the date of entry into force of the said Treaty.

  • 4 The provisions of the preceding paragraph shall apply mutatis mutandis in respect of personal tax, in so far as the use of parcels is situated in the areas referred to in Article 4 of the Border Convention.

Chapter III. Border waters

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Article 21

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  • (1) If the plan exists, measures which may substantially affect, implement or permit the implementation of the regional state of water on German territory shall be the administrator of the frontier water or, in case of such water, is not directly involved, the latter is obliged to notify in due time the Chairman of the Standing Committee of Frontier Affairs of the Border Water Committee, referred to in Article 64 of the Border Convention, designated by the Netherlands, under the conditions of Transmission of a copy of such notification-so much that obligation rests on a Other than the Empire-to our Minister of Transport and Water. Detailed arrangements may be made in the case of a general measure of administration.

  • 2 To carry out measures referred to in paragraph 1 by others other than the Empire may not be passed, then after Our Minister of Transport and Water State has declared that for the purpose of compliance with the provisions of the Border Convention there is no objection to the implementation thereof.


Article 22

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  • 1 Agreements concluded by public bodies pursuant to Article 59 (2) of the Border Convention require their approval before they enter into force.

  • 2 The proposal for approval of the agreements referred to in paragraph 1 shall be made by Our Minister for Transport and Water State, in accordance with our Minister for Foreign Affairs.


Article 23

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  • 1 Border waters measures to be implemented by the Border Convention are hereby adopted for the purposes of applying the Obstructionlaw Regulations and the Private Law impedimenting law considered, for the most part, as public works, carried out under a concession granted by Us and the public interest of which is recognised by Us.

  • 2 In the case of impropriation for the purpose of those measures, the provisions of Title 2 shall be A of the Impropriation Act shall apply mutatis mutandis.

  • 3 Public bodies which are managers of border waters shall, to the extent necessary or desirable for the satisfactory implementation of the Border Convention, endeavour to acquire the property of those waters free of any such water where appropriate, business or other rights. The provisions of the First paragraph of Article 24 shall apply mutatis mutandis.


Article 24

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  • 1 In the case of public bodies for the purpose of establishing measures to be taken pursuant to the Border Convention, a reasonable concession shall be granted from the State concerned, provided that such costs are not covered by the said costs. is provided otherwise.

  • 2 This concession shall cover only the amounts which exceed the amount required by the entry into force of the Border Convention for the purposes of the exercise of the relevant State of water status and, if so, of any such amount. of those public bodies would have come. A decision on this concession is taken by our Minister of Transport and Water State after the advice of the Member States has been obtained.

  • 3 If the performance of works, considered necessary by us on the advice of the Standing Border Water Committee, is not made within a capable period of time by him entrusted with the care of the border water concerned, this execution shall be carried out by the State. The costs of the fees shall be borne by the administrator, in so far as they are not entitled to be covered by a concession provided for in paragraphs 1 and 2 of this Article. The maintenance of these works shall be borne by the administrators or by public bodies, which will be designated as managers thereof.

Chapter IV. Final provisions

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Article 25 [ Verfalls per 01-01-1994]

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Article 26

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This Act shall enter into force on the date on which the Border Convention enters into force.


Article 27

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This law can be referred to as 'Implementing Law Dutch-German Border Treaty'.

Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.

Given at Paleize Soestdijk, 22 May 1963

JULIANA.

The Minister of the Interior,

E. H. TOXOPEUS.

The Minister of Justice,

A. C. W. BEERMAN.

The Minister of Finance,

J. ZIJLSTRA.

The Minister for Transport and Waterstaat a.i.,

J. VAN AARTSEN.

The Minister for Agriculture and Fisheries,

V. G. M. MARIJNEN.

Issued the eighteenth of June 1963.

The Minister of Justice,

A. C. W. BEERMAN.