Decree of the Minister for Foreign Affairs No. 16 / 1986 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the mining of coal deposits in the field of common Czechoslovak-Polish state borders
Valid
Effective from 30.04.1985
16
DECLARATION
Minister for Foreign Affairs
of 10 January 1986
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the mining of coal deposits in the field of common Czechoslovak-Polish state borders
On 2 December 1984, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the mining of coal deposits in the area of the common Czechoslovak-Polish state borders was signed in Katowice. The Agreement entered into force on 30 April 1985 pursuant to Article 15 thereof.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation in the mining of coal deposits in the area of common Czechoslovak-Polish state borders
the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland, hereinafter referred to as the Contracting Parties,
in accordance with the principles of the Treaty on Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the People's Republic of Poland, signed in Warsaw on 1 March 1967,
to ensure the most rational and optimal acquisition of coal deposits in the area of the common Czechoslovak-Polish state borders,
highlighting the need to ensure the safety of work and the protection of the health of workers in the mining of coal deposits in the area of common national borders,
This appropriation is intended to cover the following expenditure:
Based on experience gained from successful cooperation in mining activities, they agreed as follows:
The Parties shall seek mutually beneficial cooperation in the implementation of mining activities in the area of common state borders in the productive carbon sector, in particular in the exploration, opening, preparation and extraction of coal deposits, as well as in the disposal of mining damage resulting from that activity.
1. The Parties shall coordinate all activities related to the implementation of this Agreement through the Bilateral Intergovernmental Commission on Cooperation in the Conquest of Coal Borders in the Common Czechoslovak-Polish State Borders, hereinafter referred to as the Commission.
2. The composition and principles of the Commission's activities shall be laid down in Annex 1, containing its Statute, which shall form an integral part of this Agreement.
1. The Commission shall ensure that the records of objects of economic and social importance are kept in the field of the expected effects of the works.
In addition, the Commission shall ensure respect for the principles of the protection of the natural environment, including ensuring that the river Olš trough and other watercourses are protected from the effects of the mining work resulting from the implementation of this Agreement.
2. The nature and extent of the work related to the protection of watercourses from the effects of mining activities and other work which could affect the water economy of the Contracting Parties, the Commission shall agree with the representative of the Government of the Czechoslovak Socialist Republic and the representative of the Government of the People's Republic of Poland on water issues at the border waters and as regards the progress of the state borders with the Standing Czechoslovak-Polish Border Commission.
Questions relating to the protection of the natural environment shall be discussed by the Panel with the competent authorities of the Contracting Parties.
3. In order to determine the size and extent of the effects of mining, the competent authorities of both Contracting Parties shall carry out forecasts of the effects of mining on rock and surface and shall carry out geodetic observations to the extent and frequency established by the Commission. The forecasts and results of the observations shall be transmitted to the competent authorities of the Contracting Parties.
1. The implementation of this Agreement shall not alter the course of the Czechoslovak-Polish State Borders established by the Treaty between the Czechoslovak Republic and the Polish People's Republic on the definitive establishment of the State Borders signed in Warsaw on 13 June 1958 and the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on Legal Relations at the Czechoslovak-Polish State Borders, on cooperation and mutual assistance on border issues signed in Prague on 2 December 1967.
2. The competent authorities of the Contracting Parties shall draw a border pillar 50 metres across each side of the common national borders on mine maps. A line of common national borders identified in the relevant existing border documents will be the basis for the enigma.
The Commission shall be entitled to change the width of the border pillar according to the natural boundaries of tectonic or other mining reasons.
The mine protection area is determined on the surface by a 20 m band on each side of the common national borders, covered by an angle of 60 ° from the edge of this zone and in a carbon area of 70 °.
Mining work in the mine protection area shall be carried out in such a way as to preserve the 50-metre-wide border pillar on each side of the common national borders. The research, opening, preparation and procurement work in the border pillar may be carried out only with the agreement and under the conditions laid down by the Commission.
The mining authorities of both Contracting Parties shall cooperate, within their respective fields, in carrying out the mining activities covered by this Agreement.
1. Preventive security measures and the amount of mining damage shall be determined in accordance with the provisions of the Contracting Party in whose territory the measure is to be implemented or the damage caused.
2. The determination of the causal link between the resulting mining damage and mining work, including the size of the mining damage incurred and the associated costs, as well as the extent of preventive security work, shall be discussed by the competent authorities of the two Contracting Parties with the participation of the economic organisation which has caused or may cause the damage.
3. The removal of mining damage incurred in the territory of the Contracting Parties and the implementation of preventive security measures related to mining activities shall be carried out by the relevant economic organisation of each Contracting Party in its territory.
1. The costs incurred for the removal of mining damage and preventive security measures shall be reimbursed by the relevant economic organisation of the Contracting Party which caused or is expected to cause the damage.
2. The costs incurred for the removal of mining damage and preventive security measures arising from mining work in the mining area shall be reimbursed by the relevant economic organisations of the two Contracting Parties in proportion to the extent of the impact of such work.
The principles of financial settlement of mining damage and preventive security measures are set out in Annex 2, which forms an integral part of this Agreement.
1. If one of the Contracting Parties is prevented from acquiring a bearing on its territory for reasons caused by the other Contracting Party, this question shall be dealt with by a separate agreement.
2. The exclusion of the extraction of the bearing as referred to in paragraph 1 of this Article may relate only to that part of the exploitable extractable stock for which the damaged Contracting Party would justify that it could recover it if it had not prevented the operation of the other Contracting Party.
This Agreement shall be concluded for an unlimited period. The Agreement may be terminated by each of the Contracting Parties. In this case, the Agreement shall cease to apply 12 months after the date of receipt of the written denunciation by the other Contracting Party. The Contracting Parties shall be obliged to fulfil all obligations previously undertaken under the Agreement.
Any disputes concerning the interpretation of the Agreement shall be settled by the Commission. If the dispute is not resolved by the Commission, it will be discussed by diplomatic channels.
This Agreement shall be subject to approval in accordance with the national legislation of the Contracting Parties and shall enter into force on the date of the exchange of notes on such approval.
This Agreement was drawn up in Katowice on 2 December 1984 in duplicate in the Czech and Polish languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic
Minister of Fuel and Energy CSSR:
Vlastimil Ehrenberger v. r.
For the Government
Republic of Poland
Minister for Mining and Energy, PLR:
Czeslaw Piotrowski v. r.
Příloha č. 1
Annex No 1
STATUT
Bilateral Intergovernmental Commission on Cooperation in the Conquest of Coal Borders in Czechoslovakia
The two-way Intergovernmental Commission on Cooperation in the Conquest of Coal Borders in the Czechoslovak-Polish State Borders, hereinafter referred to as the Commission, shall carry out the tasks arising from the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on Cooperation in the Conquest of Coal Borders in the Common Czechoslovak-Polish State Borders and shall in particular coordinate and decide on the Conquest of Coal Borders in the State Borders and shall carry out the following activities:
(a) coordination of mining in the mine protection area;
(b) ensuring the exchange of information, experience, results of design, research and other work of interest to both Parties;
(c) setting limits on conquest;
(d) coordination on preventive security measures and the removal of mining damage;
(e) settlement of disputes concerning the interpretation of the Agreement;
(f) other measures to ensure compliance with the Agreement.
1. The Commission shall consist of the Czechoslovak and Polish parts. Each part is headed by the chairman. The number of members of both parts of the committee is the same.
2. The President and members of the Czechoslovak section are appointed and dismissed by the Government of the Czechoslovak Socialist Republic. The President and members of the Polish part shall be appointed and removed by the Government of the People's Republic of Poland.
3. The President shall appoint a representative and a secretary from among the members of his part of the Commission.
4. Experts who are not members of the Commission may attend meetings of the Commission.
The Commission may set up permanent or temporary working groups for the performance of specific tasks and determine their scope of activity and composition.
1. Meetings of the Commission shall be held as necessary on a proposal from one of the Presidents. The meetings of the Commission shall be held alternately on the territory of the two States.
2. Meetings shall be convened and managed by the Chairman of the Committee of the Contracting Party in whose territory the meeting is held and shall ensure appropriate conditions for its operation.
3. The agenda shall be agreed by the Presidents of the Commission no later than two weeks before the date of its meeting.
1. Each Contracting Party shall bear the costs associated with the activities of its part of the Commission.
2. The costs associated with the organisation of the meetings of the Commission shall be borne by the Contracting Party in whose territory the meetings shall be held.
1. The hearing shall be held in the Czech and Polish languages.
2. Protocols shall be drawn up from the meetings of the Commission in two copies, in the Czech and Polish languages, the two texts being equally authentic. The minutes shall be signed by the Presidents of both parts of the Commission. Each Contracting Party shall receive a copy of the Protocol.
3. Protocols shall be subject to approval in accordance with the legislation of both Contracting Parties and shall enter into force on the date on which the chairmen of both parts of the Commission notify each other of their approval. The notification of approval of the Protocol shall be made within three months of the date of signature of the Protocol.
Příloha č. 2
Annex No 2
PRINCIPLES
financial settlement of mining damage and preventive security measures
The financial settlement of mining damage and necessary preventive security measures, hereinafter referred to as mining damage, shall be carried out in accordance with Articles 9 and 10 of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the conquest of coal deposits in the field of common Czechoslovak-Polish state borders, hereinafter referred to as the Agreement, according to the following principles:
The principles and procedures governing mining damage shall be laid down in the agreement and regulations of the Contracting Party in whose territory the damage is incurred.
The proceedings shall take place with the participation of representatives of the economic organisation which caused the damage.
Technical documentation for the removal of mining damage shall be processed by the relevant economic organisation of the Contracting Party in whose territory the damage was incurred, in accordance with the principles and prices applicable in that State.
The technical documentation shall be subject to the approval of the economic organisation of the Contracting Party in whose territory the damage was caused, with the participation of the representative of the economic organisation which caused the damage.
Costs related to the removal of mining damage also include costs
- the management of the competent authorities,
- drawing up expert opinions,
- drawing up technical documentation,
- measurements and geodetic observations recommended by the competent authorities and other costs directly related thereto.
The costs of the removal of mining damage expressed in the national currencies of the Contracting Parties shall be converted into transferable rubles.
Conversion of costs expressed in the national currencies of the Contracting Parties to transferable ruble shall be carried out in accordance with the Agreement on the introduction of mutually agreed rates or coefficients of national currencies in relation to the collective currency (transferable rouble) and between them on 19 October 1973, as amended by the additional protocols thereto.
Mutual payments under this Agreement shall be made in transferable roubles in accordance with the Agreement on Multilateral Settlement in Transportable roubles and the establishment of the International Bank of Economic Cooperation of 22.10.1963 with the amendments resulting from the Protocols of 18.12.1970 and 23.11.1977.
The financial settlement for work carried out in the current calendar year shall take place within 60 days of the date of approval of the work carried out in that year. The final settlement shall be carried out within 60 days of the completion of the work and the approval of the Protocol on their takeover by the relevant economic organisations of the Contracting Parties.
The relevant economic organisation of the Contracting Party, which will cover the costs of the removal of mining damage, shall be entitled to check the progress of the related work.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 16 / 1986 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the conquest of coal deposits in the field of common Czechoslovak-Polish state borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.03.1986 |
|---|---|
| Effective from | 30.04.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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