Communication from the Ministry of Foreign Affairs No. 181 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Republic of Poland on common national borders
Valid
International Treaty
Effective from 19.02.1996
Text versions:
20.06.1996
181
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 17 January 1995 the Treaty between the Czech Republic and the Republic of Poland on common national borders was signed in Prague.
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it. The instruments of ratification were exchanged in Warsaw on 19 February 1996.
The Treaty entered into force on 19 February 1996 pursuant to Article 29 thereof. The following date has expired pursuant to Article 28 of this Treaty in relations between the Czech Republic and the Republic of Poland:
- Titles I and II of the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on legal relations at the Czechoslovak-Polish state borders, on cooperation and mutual assistance in border matters of 2 December 1967, published under No 80 / 1971 Coll., and
- Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on the implementation of Titles I and II of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on cooperation and mutual assistance in border matters of 2 December 1967, signed on 17 October 1974, published under No 12 / 1975 Coll.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Republic of Poland
on common national borders
Czech Republic and the Republic of Poland (hereinafter referred to as "the Contracting Parties')
- implementing the principles and objectives of the Treaty between the Czech and Slovak Federal Republic and the Republic of Poland on good neighbourhood, solidarity and friendly cooperation, signed in Krakow on 6 October 1991,
- led by efforts to deepen friendly relations for the benefit of both States and their peoples,
- seeking to maintain a clear course of Czech-Polish state borders,
agree as follows:
CONTRIBUTION AND MARKING OF STATE BORDERS
(1) The Czech-Polish national borders are the area which passes through the vertical border line on the ground, separating the territory of the two States, their airspace and the underground part.
(2) The State Borders between the Czech Republic and the Republic of Poland from the State Borders of the Contracting Parties and the State Borders of the Slovak Republic to the State Borders of the Contracting Parties and the State Borders of the Federal Republic of Germany are established by the Treaty between the Czechoslovak Republic and the People's Republic of Poland on the definitive establishment of State Borders, signed in Warsaw on 13 June 1958 (hereinafter referred to as the "Final Borders of the State Borders").
(3) The progress of the national borders between the Czech Republic and the Republic of Poland is illustrated in the border documentation on the progress and identification of the common national borders (hereinafter referred to as "the border documents') drawn up by the Contracting Parties pursuant to Article 1 (2) of the Treaty on the definitive establishment of national borders and renewed under this Treaty.
(4) The course of national borders between the Czech Republic and the Republic of Poland is further established:
(a) 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 a Czechoslovak-Polish-German three-border border line and on the maintenance of the border sign by which the three-border line is marked, and the Protocols by the Czechoslovak-Polish-German three-border line of 27 March 1957,
(b) the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on the conduct of national borders in the context of the results of the first joint examination of the progress of the Czechoslovak-Polish national borders at border waterways of 10 December 1986 ("the Treaty on the first joint examination of national borders at border waterways").
The border documentation shall consist of:
(a) documents forming an integral part of the Treaty on the definitive establishment of national borders;
(b) documents forming an integral part of the Treaty on the first joint examination of national borders at border waterways;
(c) documents resulting from the examination of the progress of the national borders referred to in Articles 10 and 11 and, where appropriate, changes to the progress of the national borders referred to in Article 5 (2) and Article 6 of this Treaty.
(1) Fixed national borders are:
(a) on dry ground sections;
(b) in places where standing waters or watercourses intersect by crossing from one shore to the other;
(c) in places where their transition from dry to water flow and vice versa occurs.
(2) The fixed national borders referred to in paragraph 1 are:
(a) direct links from one border sign to the nearest documented in the border documentary work;
(b) the centre of border roads and trenches.
(3) Borders and ditches are shown in the border documentation. At the beginning and at the end of them, there are double border signs and along them are individual border signs, placed alternately on the territory of each Contracting Party.
(1) Floating national borders are carried out by border water flows, except in the cases referred to in Article 3 (1) (b) and (c).
(2) The moving national borders referred to in paragraph 1 shall be the centreline of border watercourses or their main arms and shall be adapted to:
(a) natural changes in the position of the riverbed of border waterways, except in the case referred to in Article 5 (2);
(b) artificial changes as a result of modifications to border waterways made by the competent authorities of the Contracting Parties, provided that they do not deviate from their original position by more than the width of the trough and that the areas are separated by a new position of the centre line from the territory of the Contracting Parties, are mutually balanced.
(3) The centre of the border water flow is:
(a) a line equally distant from both unmodified or unilaterally modified boundary watercourses;
(b) the geometric axis of the bilaterally adjusted boundary watercourse.
(4) The border watercourses line consists of:
(a) significant shore edges; or
(b) lines determined by the water level which is sufficient to flow between the banks without being poured into the adjacent territory; or
(c) the edges of permanent grassland or other terrestrial plants; or
(d) the intersection of the level at the average water state with the area of adjacent terrain.
Where, according to those criteria, shore lines cannot be safely identified, lines established by the water management experts of the Contracting Parties shall be considered as such.
(5) The main arm of the boundary water stream is the arm through which the largest amount of water flows in low or medium water states.
(1) The Contracting Parties shall maintain border watercourses and technical objects in such a way as to ensure the established course and nature of the national borders.
(2) In natural changes to the position of riverbed watercourses of a larger scale, national borders take place as they did before the change occurred, unless the Contracting Parties agree on a different course of national borders.
(3) If the location of the moving national borders changes where they are moving, the place of transition shall be determined by decision of the Standing Czech-Polish Border Commission.
(4) The Contracting Parties may agree to bring the trough of the boundary watercourse into a state which would prevent natural changes of a larger scale.
Changes in the course of the national borders other than those referred to in Article 4 may occur only if the Contracting Parties so conclude a specific contract.
(1) The national borders between the Czech Republic and the Republic of Poland are divided into border sections marked with I to IV.
(2) Border section I begins in contact with the national borders of the Contracting Parties with the national borders of the Slovak Republic. In agreement with the Slovak Republic, the Contracting Parties shall determine the point of contact with the national borders of the Czech Republic, the Republic of Poland and the Slovak Republic and the way in which it is marked and maintained.
(3) Border section IV ends in contact with the national borders of the Contracting Parties with the national borders of the Federal Republic of Germany at the Lusatian Nisa border water flow.
(4) The precise marking of the different border sections and their length is determined by the border documentation.
(1) The course of national borders is marked in the field by boundary markings by individual, double or triple characters, which are located as follows:
(a) individually directly at the border line or alternately on both sides of the common border routes, ditches and watercourses;
(b) duplicated at the beginning and at the end of the common border routes, ditches and watercourses and at places where it is not possible to place a border sign directly in the border line for off-road obstacles;
(c) triple, as for double border signs, where the use of double border signs is insufficient to clearly indicate the course of the border line.
(2) The progress of national borders is marked by the following boundary features:
(a) the main boundary features at the beginning of the border sections and at important quarry points;
(b) ancillary border signs within the border sections;
(c) plates or other marks on rocks and road bodies,
(d) three iron-concrete monolith shapes of three-sided chamber needles on the contact between the national borders of the Czech Republic, the Republic of Poland and the Federal Republic of Germany in the boundary water flow Lusatia Nisa mounted after one monolith in each of these states.
(3) The shape, dimensions, material, appearance, marking and location of border signs are laid down in the border documentation.
(4) Marking of the progress of national borders by boundary features other than those laid down in the border documentation may take place, where appropriate, only by mutual agreement.
(5) By mutual agreement, where necessary, additional border signs may be placed, the endangered border signs may be moved to a safe place and the direct marking of the national borders may be amended in indirect or vice versa.
GOVERNANCE OF THE CZECH-POLAND STATE BORDERS
The Contracting Parties shall ensure that the progress of national borders is always clear, clear and geodetically secure. They undertake to maintain and, as appropriate, restore border features and update border documentation under the terms of this Treaty.
(1) The Contracting Parties shall ensure the joint examination of border signs every five years and ensure that the deficiencies identified are remedied. The five-year period shall begin to count from the completion of field work during the previous examination.
(2) The focus of border watercourses shall be carried out in each second joint examination of the boundary characteristics.
(3) Where necessary, the Contracting Parties shall carry out a joint comprehensive examination of the progress of national borders.
(4) Following the checks referred to in paragraphs 1, 2 and 3, the relevant border documents shall be drawn up.
(5) New border documents drawn up at the time of joint examination shall require approval under the legislation of each Contracting Party. The documents shall enter into force and become an integral part of the border documentation on the date on which the Contracting Parties notify their approval.
(1) The Contracting Parties shall take the necessary measures, outside the framework of joint periodic checks on border features, where this requires clarity of the progress of national borders.
(2) If one of the Contracting Parties finds that a border sign has been moved, the Contracting Parties shall also check the location of that border sign outside the regular joint examination and, if necessary, move the border sign to the correct place.
(1) The Parties shall ensure, at their expense, the metering and cartographic experts, as well as the technical assistance staff for the targeting and marking of national borders and subsequent cartographic work.
(2) The division of tasks will be carried out by the Permanent Czech-Polish Border Commission, seeking to ensure the greatest possible effectiveness, economy and balance of bilateral performance.
(1) Owners and users of land, land and underground buildings and installations located at or near national borders are obliged to endure the work and measures necessary to characterise and target, in particular the establishment and consolidation of border signs and meters. Targeting and marking work should be carried out with regard to public and private interests.
(2) Persons entrusted with the tasks referred to in Articles 10, 11 and 12 may enter and enter land, construction and equipment. They shall not enter the apartments as protected areas. The persons concerned should be informed in due time of the start of work.
(3) If such work and damage measures arise, the injured party shall be entitled to compensation against the Contracting Party in whose territory the land, buildings and equipment is situated. The claims for compensation for owners and users of land referred to in paragraph 1 shall be applied in accordance with the law of the Contracting Party in whose territory the land, construction and installation are situated. The injured party may not claim compensation from the other Party.
If there is a need to renew the marking of three national border points, work will be carried out after mutual agreement between all participating States.
The Contracting Parties shall, by appropriate measures, protect the border features, the measuring marks and other devices used to mark national borders against damage, destruction, unauthorised movement and use in breach of their purpose.
(1) The Contracting Parties shall ensure that a free strip of a width of 1 m and around the border signs, indirectly indicating the course of the national borders, is maintained on each side of the dry sections of the national borders, a free circle of a radius of 1 m without a crop preventing visibility. This does not apply to grasslands used to fortify the shores and protected trees and shrubs.
(2) The owners and users of land are obliged to suffer the work and measures referred to in paragraph 1. Otherwise Article 13 shall apply mutatis mutandis.
(1) In the parts of the territories referred to in Article 16 (1), only establishments serving public transport, customs and passport control at or protecting national borders and management of any type which overloads national borders may be built.
(2) Exceptions to paragraph 1 may be authorised by the Contracting Parties in specific cases.
No designation of the borders of ownership shall be placed in the line of state borders.
In the event that work should be carried out to search for or conquer mineral assets within a 50 m strip on both sides of the national border, the necessary measures to ensure the progress of the national borders and their identification shall be jointly established.
_
(1) The Contracting Parties shall establish a Standing Czech-Polish Border Commission (hereinafter referred to as the Border Commission) to carry out the tasks provided for in this Treaty.
(2) The Border Commission consists of a Czech delegation and a Polish delegation. The Governments of the Contracting Parties shall appoint the Heads of Delegation and their representatives. The competent authorities of each Contracting Party shall appoint the members of their delegation.
(3) The two Presidents and their representatives shall be entitled to maintain direct contact with each other.
(4) For the work of the Border Commission, the Chairman of each delegation may invite experts and auxiliary forces.
(1) The Border Commission is responsible in particular for:
(a) organise and carry out joint checks on the progress of national borders and border features in accordance with Articles 10 and 11;
(b) to decide on the means of indicating the progress of national borders;
(c) to make changes to the marking of national borders when establishing or cancelling border roads and ditches;
(d) assess the extent of changes in the position of the riverbed of border waterways and address water management measures at border waterways in terms of the progress of national borders;
(e) comment on building and other technical measures in the immediate vicinity of national borders;
(f) to change the marking of national borders from indirect to direct and vice versa;
(g) draw up border documents.
(2) The Border Commission will draw up rules of procedure, guidelines for targeting and maintaining the progress of national borders for its activities, as well as guidelines for drawing up or updating the documentation of national borders.
(3) The Border Commission is not entitled to change the course of the national borders.
(4) The Border Commission shall submit proposals to the governments of the Contracting Parties for changes to the course of the national borders.
The decision of the Border Commission requires the agreement of the Presidents of both delegations. The decisions are part of the protocols of the Borders Commission meeting.
(1) The Borders Commission shall set up mixed measurement groups to carry out its tasks. Their number and composition shall be determined by the scope and type of work to be carried out.
(2) The leaders of the mixed metering groups will perform the tasks in accordance with the protocols of the Borders Commission.
(3) Technical documents drawn up by mixed measurement groups are approved by the Border Commission.
(4) The Border Commission will summarise the results of each periodic examination of the progress of the national borders in the final minutes.
(1) Meetings of the Border Commission shall be held at least once a year and, unless otherwise agreed, alternately in the territory of the Contracting Parties. They shall be managed by the Chairman of the delegation of the Contracting Party in whose territory the meeting is held.
(2) National border inspections shall be carried out by mutual agreement between the two delegations of the Border Commission.
(3) A protocol shall be drawn up from each meeting of the Border Commission or from the inspection of national borders, in two copies each in the Czech and Polish languages.
(4) The Protocol of the Border Commission shall enter into force on the date on which the Heads of Delegation communicate in writing that they have been approved by the competent authorities of the Contracting Parties. This communication shall be made as soon as possible and no later than the next meeting of the Border Commission.
(5) The Contracting Parties shall bear the costs associated with the activities of their delegations of the Border Commission and experts and auxiliary forces they have invited.
(1) Persons in charge of tasks relating to the management of national borders may move freely across national borders and, where justified, cross them beyond border crossing points. At the request of the competent authorities, it shall be demonstrated by passport and delegation of the Border Commission.
(2) Where the persons referred to in paragraph 1 belong to a uniformed military-organised component, they may wear their component uniform during their activities in the territory of the other State. But they must not carry a weapon.
(1) Goods imported from the customs territory of one Contracting Party into the customs territory of the other Contracting Party and used for work under this Treaty shall be exempt from customs duties, taxes and charges.
(2) Vehicles, tools, equipment, instruments, machines and unused material and spare parts will be exported within one month of the completion of the work on the customs territory from which they were imported.
(3) Goods which have not been re-exported, including vehicles, tools, equipment, instruments, machines, machinery and spare parts as referred to in paragraph 2, shall be subject to customs duties, taxes and charges in accordance with national rules.
(4) Persons responsible for carrying out tasks relating to the management of national borders in the territory of the other Contracting Party may, in accordance with its national rules, import into its customs territory articles for their personal use, including travel, food, beverages, medicines and tobacco products.
(5) The competent authorities of the Contracting Parties shall ensure, within the framework of their national rules, any permissible relief on the import and export of the goods referred to in paragraphs 1 and 4.
Disputes concerning the interpretation or implementation of this Treaty shall be settled by diplomatic means.
FINAL PROVISIONS
On the date of entry into force of this Treaty, the following shall cease to apply in relations between the Contracting Parties:
- Title I and II of the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on legal relations at the Czechoslovak-Polish state borders, on cooperation and mutual assistance in border matters, signed in Prague on 2 December 1967,
- Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on the implementation of Titles I and II of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on cooperation and mutual assistance on border issues of 17 October 1974.
This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of instruments of ratification. The replacement of instruments of ratification shall take place in Warsaw.
This contract shall be concluded for a period of 15 years. It shall be automatically extended by five years unless it is terminated by either Party at the latest one year before the expiry of the period. The termination of this Treaty shall not affect the validity of the documents referred to in Articles 1 and 2.
Dane in Prague on 17 January 1995 in two original copies, each in the Czech and Polish languages, the two texts being equally authentic.
For the Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Republic of Poland:
Andrzej Milczanowski v. r.
Minister of Interior
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 181 / 1996 Coll., on the Agreement between the Czech Republic and the Republic of Poland on Common State Borders |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.1996 |
|---|---|
| Effective from | 19.02.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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