Decree of the Minister for Foreign Affairs No. 112 / 1982 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on Common State Borders
Valid
Effective from 30.06.1982
112
DECLARATION
Minister for Foreign Affairs
of 18 August 1982
on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on common national borders
On 3 December 1980 the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on common national borders was signed in Prague. The Treaty entered into force on 30 June 1982 pursuant to Article 34 thereof.
The Czech version of the Treaty is hereby published at the same time.
First Deputy:
Ing. Book v. r.
TREATY
between the Czechoslovak Socialist Republic and the German Democratic Republic on common national borders
the Czechoslovak Socialist Republic and the German Democratic Republic,
further sought to consolidate close friendly relations for the benefit of both States and their peoples in the spirit of the Treaty of Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the German Democratic Republic of 3 October 1977,
building on the fact that the common national borders unite the peoples of both states,
to enhance cooperation in ensuring the progress and identification of common national borders,
agree to conclude this contract.
To this end, their agents appointed:
President of the Czechoslovak Socialist Republic
Dr. Lubomír Štrougal, Prime Minister,
State Council of the German Democratic Republic
Willi Stopha, President of the Council of Ministers,
who, following the exchange of their full powers, found in good and proper form, have agreed as follows:
Progress and identification of national borders
(1) The State Borders between the Czechoslovak Socialist Republic and the German Democratic Republic from the State Borders of the Contracting States and the State Borders of the People's Republic of Poland to the State Borders of the Contracting States and the State Borders of the Federal Republic of Germany constitute historically established and existing common national Borders at the time of this Treaty being signed.
(2) The course of national borders between the Czechoslovak Socialist Republic and the German Democratic Republic is set out and illustrated in the border documentation on the progress and identification of the common national borders (hereinafter referred to as the "border documentation '), which forms an integral part of this Treaty.
(3) The State Borders between the Czechoslovak Socialist Republic and the German Democratic Republic are further established by the Protocol between the Government of the Czechoslovak Republic, the Government of the People's Republic of Poland and the Government of the German Democratic Republic on the establishment of the Czechoslovak-Polish-German three-border borders and the maintenance of the border sign marked on 27 March 1957.
The border documentation shall consist of:
(a) map size 1: 2500,
(b) border features of approximately 1: 1000;
(c) title sheet for each border section;
(d) a clear sheet for each border section of the scale 1: 25 000,
(e) an explanatory note,
(f) a description of the progress of the national borders for each border section.
(1) State borders are bounded by the sovereign territories of the Contracting States on the Earth's surface and in a vertical direction in the airspace and beneath the Earth's surface.
(2) State borders on bridges, hedges, dam and other structures on border waters are carried out in accordance with their operation in water.
(1) Boundary waters are:
(a) the sections of the waterways by which national borders (border waterways) take place;
(b) surface and groundwater water in the profiles through national borders.
(2) Boundary roads, border roads and border trenches are the sections of roads, roads and ditches by which national borders take place.
(1) The centre of the boundary watercourse or its main arm is a balanced continuously running line which is equally distant from the two balanced coastal lines.
(2) The main arm of the borderline water flow is the shoulder, which has the largest flow rate at medium water state.
(3) The lines between the water flow and the surrounding coastal territory shall be considered as shore lines. Where shore lines cannot be safely detected, they are generally considered to be lines which form the edges of the crop along the boundary water flow.
(1) The fixed national borders are:
(a) on land-based areas, as well as in places where the land-based areas enter the centre line of the border water flow or its centreline is based on the ground-based area;
(b) places where border waters intersect;
(c) in the flood zone in the water tank Fláje from the pair of border markers 1 / 2 of the CSR / DDR to the pair of border signs 2 of the CSR / DDR as defined in the border documentation.
(2) Border roads, border roads and ditches are shown in the border documentation. At the beginning and the end of them, double border signs are fitted and both sides are usually alternately different border characters. Any subsequent changes to the location of border roads, border roads and border trenches shall not affect the course of the national borders, unless otherwise provided for by the specific agreement of the Contracting States.
(1) The national borders in border watercourses, with the exception of the Elbe, are identified by the centre line of border watercourses or their main arms and are variable. In the case of natural gradual changes in the position of the boundary watercourse, or its main arm, the national borders shall continuously monitor this centre line.
(2) If, as a result of natural processes, sudden changes in the position of the boundary watercourse occur, the Contracting States shall ensure the restoration of the position of the boundary watercourse as it was before that change. Until then, the state borders are determined by the midpoint of the border water flow as it was before this sudden change. Only if the restoration of the original situation is technically inefficient or involves disproportionate costs shall the Contracting States agree whether the nature of the existing State borders will change or whether their operation will be redefined.
(3) In the implementation of water management or other construction measures at border waterways, the location of border watercourses shall not be changed. If such measures would result in a change in the location of the border watercourse, they may be implemented only if the Contracting States agree to reestablish the progress or nature of the national borders.
(4) Border waterways are shown in the border documentation. At the beginning and the end of them, double border signs are fitted and both sides are usually alternately different border characters.
(1) At the Labi border water stream, the national borders are determined by the centre of the riverbed and are moving. In the case of natural gradual changes, the cruise trough is permanently monitored by this centre line.
(2) The centreline of the Elbe border watercourse is a balanced continuous line which is equally distant from both lines bordering the navigational trough.
(3) The Elbe border watercourse is the deepest part of the river used for sailing, bounded by continuous lines and directed by transverse profiles.
(1) The national borders between the Czechoslovak Socialist Republic and the German Democratic Republic are divided into twenty-three border sections.
(2) Border section I begins with the contacts of the national borders of the Contracting States with the national borders of the People's Republic of Poland in the border water flow of Lusatia.
(3) Border section XXIII ends in contact with the national borders of the Contracting States with the national borders of the Federal Republic of Germany.
(1) The course of national borders is marked in the field by border signs situated in the border line or indirectly by border signs set in duplicate or alternately along national borders.
(2) At the time of signature of this Treaty, the progress of national borders shall be marked by the following boundary features:
(a) basic border milestones at the beginning of the border sections;
(b) the main, intermediate and supplementary border milestones within the border sections;
(c) plates or other marks on rocks and road bodies;
(d) three monolith shapes of three-sided chamber needles in the contact between the national borders of the Contracting States and the national borders of the People's Republic of Poland in the border water flow Lusatian Nisa situated after one monolith in the sovereign territory of those States.
(3) The shape, dimensions, material, appearance, marking and location of border signs are laid down in the border documentation.
(4) The indication of the progress of the national borders, other than those laid down in the border documentation, may take place only by agreement between the competent authorities of the Contracting States.
Maintaining and marking of national borders
(1) The Contracting States shall ensure that the operation of national borders is always clear, clear, geodetically secured and that appropriate documentation is kept.
(2) The Contracting States shall maintain and, where necessary, restore the border features and, on their sovereign territory, the marking of trigonometric, polygon and other measuring points used to measure the national borders.
The Contracting States shall maintain border waters, their shores and technical structures in such a way as to ensure the established conduct and nature of the national borders as well as the appropriate protection of border features.
(1) The Contracting States shall ensure that a 1 m wide strip is maintained along the dry part of the national borders and around each border sign situated outside the national border line, a 1 m radius of round area without high vegetation. Exceptions are the crops to strengthen the shores, as well as protected trees and shrubs.
(2) The planting of high cultures as well as the construction of structures or equipment in the lanes or circles referred to in paragraph 1 shall not be permitted. This prohibition shall not apply to buildings and equipment intended for the protection of national borders or for public transport or for other public purposes. Exceptionally, other structures or installations may be built with the agreement of the competent authorities of the Contracting State concerned.
On the basis of the measures implemented pursuant to Article 13 (1), no claims against the other Contracting State shall arise.
No identification of the boundaries of ownership shall be placed in the line of the national borders. The border of adjacent parcels may be identified by guidelines which must be at least 3 m from the border line.
Where works are to be carried out to search for or take mineral resources within a 50 m strip on both sides of the national borders, the competent authorities of the Contracting States shall jointly lay down measures to ensure the progress and identification of the national borders.
(1) The Contracting States shall ensure, every five years, a joint examination of the border features and the lane referred to in Article 13 (1), while at the same time removing the deficiencies identified. The first joint examination shall begin three years after the entry into force of this Treaty.
(2) Where necessary, the competent authorities of the Contracting States shall ensure, by mutual agreement, the implementation of emergency measures to target and indicate the progress of national borders.
The Contracting States shall ensure that border signs are maintained in such a condition that their shape, dimensions, material, appearance, designation and location correspond to the border documentation.
(1) The Contracting States shall ensure that border signs are maintained as follows:
(a) the border features situated directly in the border line of the national borders in the border sections I, II, V, IX, X, XIII, XIV, XVII, XVIII, XXI and XXII shall be maintained by the competent authorities of the Czechoslovak Socialist Republic and in the border sections III, IV, VI, VII, VIII, XI, XII, XV, XVI, XIX, XX and XXIII by the competent authorities of the German Democratic Republic;
(b) the border features planted in the sovereign territory of the Czechoslovak Socialist Republic shall be maintained by the competent authorities of the Czechoslovak Socialist Republic; the border features established in the sovereign territory of the German Democratic Republic shall be maintained by the competent authorities of the German Democratic Republic;
(c) the border features of the contact between the national borders of the Contracting States and the national borders of the People's Republic of Poland shall be maintained in accordance with the relevant Agreement.
(2) The competent authorities of the Contracting States may agree on a different distribution of the maintenance of border features than those provided for in paragraph 1 (a).
(1) In the event of a loss, destruction, damage or change in the location of the border sign, the competent authorities of the Contracting States shall inform each other thereof and ensure that these deficiencies are remedied in accordance with Article 19 (1).
(2) Where necessary, additional border markings may be affixed, the endangered border marks moved to safe places, or the direct marking of national borders may be modified at indirect or vice versa, with the agreement of the competent authorities of the Contracting States.
(1) The costs of maintaining border signs shall be borne by the Contracting State responsible for their maintenance pursuant to Article 19 (1).
(2) In the event of damage, destruction, removal or alteration of the border sign, the costs of repair or renewal shall be borne by the Contracting State from whose sovereign territory the proceedings have arisen. If it is not possible to determine the territory from which the act came, the Contracting State which maintains the border sign shall bear the costs.
(1) The Contracting States shall ensure a joint measurement of the progress of the national borders every 10 years and at the same time the deficiencies identified are corrected.
(2) Where, in a joint measurement check of the progress of national borders, it is found that there has been a change in the position of the border watercourses within the meaning of Article 7 (1) or Article 8 (1), thereby changing the course of the moving national borders, the relevant documents shall be drawn up.
(3) Where it is found that there has been a change in the location of the border watercourses within the meaning of Article 7 (2) and where the Contracting States have agreed to change the nature of the existing national borders or to determine their new course, the necessary measurement and marking work shall be carried out jointly and the relevant measurement and border documents shall be drawn up.
The measuring and border documents on changes in the course of the moving national borders referred to in Article 22 (2) and the documents on changes in the nature of existing national borders shall require approval under the laws of the Contracting States. Documents shall enter into force and shall become part of the border documentation on the date of the exchange of notes on their approval. The competent authorities of the Contracting States shall deposit documents which have expired for at least 15 years.
All the evaluation and marking work referred to in Part II of this Treaty shall be carried out jointly by the competent authorities of the Contracting States. The relevant documents shall be drawn up on these works.
Joint Commission
(1) A Joint Commission (hereinafter referred to as the Commission) is hereby established, composed of a delegation of the Czechoslovak Socialist Republic and a delegation of the German Democratic Republic, each of five members.
(2) The competent authorities of the Contracting States shall appoint the Heads of their delegations, their representatives and other members of the delegations.
(3) The Heads of Delegation may invite experts and auxiliary forces to the work of the Commission.
(4) The Heads of Delegation or their representatives may enter into direct contact with each other for the purpose of organising the work and carrying out the tasks of the Commission.
(1) The Commission is responsible for the following tasks:
(a) to implement the measures provided for in Articles 17 and 22 of this Treaty;
(b) implement further measures under the responsibility of the competent authorities of the Contracting States.
(2) The Commission shall draw up conditions of employment for its joint work.
(1) The meetings of the Commission shall be held, unless otherwise agreed, alternately in the territories of the Contracting States. They shall be managed by the Head of Delegation of the Contracting State in whose territory the meeting is held.
(2) A protocol shall be drawn up for each meeting of the Commission in duplicate, each in the Czech or Slovak and German languages.
(3) The Commission Protocols will enter into force on the date on which the Heads of Delegation notify each other that they have been approved by the competent authorities of the Contracting States.
(1) The Contracting States shall bear the costs associated with the activities of their delegations in the Commission and their experts and auxiliary forces invited by them.
(2) The other costs incurred in connection with the Commission's activities shall be borne by the Contracting States equally, unless otherwise agreed.
Members of delegations in the Commission, experts and auxiliary forces shall, in carrying out their activities under this Treaty, be provided with a border pass in the vicinity of the national borders in the sovereign territory of the second Contracting State.
The provisions of Part III of this Treaty do not affect the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and mutual assistance on border issues of 8 September 1976.
Final provisions
(1) Changes to the course of the national borders shall be made only by a contract concluded between the Contracting States. This shall be without prejudice to Article 7 (1) and Article 8 (1).
(2) The Contracting States shall ensure that, in the event of changes in the course of the national borders referred to in paragraph 1 and the related transfer of parts of the sovereign territory of one Contracting State to the sovereign territory and to the ownership of the other Contracting State, compensation for the areas of the territory between the Contracting States is ensured, with compensation claims against the other Contracting State being excluded. The transfer of these parts of the territory shall cease to exist in respect of all the land concerned, including the construction rights and the facilities on which they are situated.
The Contracting States shall communicate to each other which authorities shall be competent within the meaning of this Treaty.
The competent authorities of the Contracting States of the Agreement may negotiate for the implementation of this Treaty.
This Treaty requires ratification and enters into force on the date of the exchange of instruments of ratification. The replacement of instruments of ratification shall take place in Berlin.
This contract shall be concluded for an indefinite period. The provisions of Part I and of this Article shall not be denounced. The other provisions of this Treaty may be terminated 10 years after its entry into force. The denunciation shall take effect two years after the date of its denunciation.
This contract was drawn up on 3 December 1980 in Prague in two copies, each in Czech and German languages, the two texts being equally authentic.
To prove it, the agents signed this contract and secured it with their seals.
For
Czechoslovak Socialist Republic:
Dr L. Strougal v. r.
For
The German Democratic Republic:
W. Stoph v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 112 / 1982 Coll., on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the Common State Borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.1982 |
|---|---|
| Effective from | 30.06.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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