Communication from the Ministry of Foreign Affairs No 21 / 2025 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the maintenance and development of the International Inland Elbe Waterway
Valid
Effective from 01.01.2025
21
COMMUNICATION
Ministry of Foreign Affairs
on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the maintenance and development of the International Inland Elbe waterway
The Ministry of Foreign Affairs announces that on 20 July 2021 the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the maintenance and development of the International Inland Elbe waterway was signed in Prague and Berlin.
The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified the Agreement.
The Agreement entered into force on 1 January 2025 on the basis of Article 8 thereof.
The Czech version of the Agreement is hereby published at the same time.
Minister:
z. JUDr. Smolek, Ph.D., LL.M., v. r.
Chief Director of Legal and Consular Section
Příloha
Annex
Text of the international treaty in Czech language
Agreement
between
Government of the Czech Republic
and
Government of the Federal Republic of Germany
o
maintenance and development of the international inland Elbe waterway
Government of the Czech Republic
and
Government of the Federal Republic of Germany
hereinafter referred to as the "Contracting Parties',
guided by a desire to make more intensive use of the capacity of inland waterways for freight within and within the meaning of the overall concept of the Elbe and to combine transport uses with water needs and the preservation of valuable natural space,
Recognising that the Elbe is an international waterway which is part of the TEN-T Trans-European Transport Network and which provides access to the sea and inland waterway system in other EU Member States,
agree as follows:
Article 1
Subject matter of the Agreement
(1) On the international inland Elbe waterway, the conditions and implementation of measures within the meaning of Articles 3 and 4 of this Agreement shall be established and implemented in accordance with the relevant national legislation, which should enable inland waterway transport to be operated within an appropriate economic and environmental framework.
(2) The objective of the Agreement is to create, preferably by 2030, the conditions and to implement the measures referred to in paragraph 1 of this Article.
Article 2
Definition of parameters of the international inland Elbe waterway
(1) The flow rate is the volume of water that flows through a certain cross-section per time unit, regardless of the affiliation to the water catchment area.
(2) The reference water status of the inland Elbe waterway is the water status to which the regulatory objectives apply. The low water reference state is used to determine the required runway depth. The mean water reference state is used to determine the required height of the structures used to adjust the flow.
(3) The fairway parameters are indicators used to describe the fairway as values of the fairway width and depth.
(a) the depth of the fairway is the water depth available for water transport at a particular reference water state in the fairway. The sailing depth shall consist of:
I. cargo submersion, meaning the ship's static load dive
II. by immersion of the vessel, which means the difference between the draught of the vessel due to internal or external action and the draught at rest
III. Minimum water space below the keel, which means the difference between the depth of the fairway and the sum of the draught with cargo and the immersion of the vessel.
(b) the width of the fairway is width taking into account the depth of the fairway and the spatial traffic requirement. The required width of the fairway is crucial for the maintenance of the inland waterway.
(4) The equivalent flow rate (GIQ) is the flow rate with the same underrun time in different water flow profiles. The underrun period is the time at which a value is undercut over a certain period of time.
(5) The equivalent water status (GIW) refers to the corresponding water states in different profiles along the water flow at the same time of understep or overshoot. It shall be determined on the basis of the GIQ.
(6) The aim of operational maintenance is to maintain the appropriate status of the inland waterway in the long term and to ensure proper water flow in order to enable the economic operation of inland waterway transport.
Article 3
Parameters of the fairway of the international inland Elbe waterway in the Czech Republic
(1) On the Elbe section from Ústí nad Labem to the national borders between the Czech Republic and the Federal Republic of Germany, the Government of the Czech Republic provides navigation parameters resulting from current conceptual documents in the field of inland navigation (1).
(2) The Government of the Czech Republic maintains on the section between Ústí nad Labem and Týník nad Labem the existing parameters of the waterway with a navigation depth of 230 cm.
(3) The Government of the Czech Republic is implementing measures on the section between Týnek nad Labem and Pardubice in order to allow navigation depth of 230 cm up to the destination port in Pardubice.
Article 4
Parameters of the fairway of the international inland Elbe waterway in the territory of the Federal Republic of Germany from the Czech-German border to the retention area of the navigation stage Geesthacht
(1) The basis of the fairway parameters on the German inland Elbe waterway is the "Strategic concept for the development of the German inland Elbe and its niv" (Total concept of the Elbe) 2).
(2) The current objective of maintenance on the international inland Elbe waterway is the depth of the fairway 140 cm at the current reference water state (GIW 2010) at the variable width of the fairway.
(3) The parameters of the free-flowing Elbe fairway from the Czech-German border [km 0,0] to the retention area of the Geesthacht [km 569,2] are defined by a low water level reference level. The low water level reference level of the Elbe is equivalent to the water state (GIW). The equivalent water status / equivalent flow rate (GIW / GIQ) is currently determined on the basis of 20 non-freeze days for a defined number of years.
(4) The Government of the Federal Republic of Germany will review the low water level reference level (GIW) every ten (10) years. If an update of the low water level reference level is found necessary, the Government of the Federal Republic of Germany shall assess the current maintenance objective and, if necessary, redefine it. The assessment of the maintenance objective is carried out in the sense of the overall concept of the Elbe from transport, water and environmental aspects.
Article 5
Payment of costs
Each Contracting Party shall bear the costs of implementing the measures on the international inland Elbe waterway to its own territory.
Article 6
Joint Commission
(1) The Contracting Parties shall establish a Joint Commission. This commission shall be composed of the heads of both delegations and two other members to be appointed by each Contracting Party. The Contracting Parties shall communicate to each other the names of the Heads of Delegation. Where necessary, experts and guests may be invited to the Joint Commission meetings, in agreement with the Heads of the two delegations.
(2) The Head of Each Delegation may, at the request of the Head of the Second Delegation, convene and chair the Joint Commission. The deadline for the meeting of the panel shall be set within one (1) month of receipt of the request.
(3) The task of the Joint Commission is to carry out the monitoring of the parameters of the fairway of the international inland Elbe waterway within the meaning of Articles 3 and 4 of this Agreement. The Contracting Parties shall receive agreed recommendations and non-binding opinions by the Joint Commission on the facts relating to the use of the international inland waterways by inland waterway.
(4) The Head of Delegation of each Contracting Party may ask the Head of Delegation of the other Contracting Party for the supporting documents it deems necessary for drawing up the recommendations and opinions of the Joint Commission. The Head of Delegation of the other Contracting Party shall submit the requested supporting documents if available.
(5) The Joint Commission shall take its decisions by consensus between the Heads of the two delegations.
Article 7
Settlement of disputes
The Parties shall deal with any dispute concerning the interpretation and implementation of this Agreement exclusively through diplomatic channels.
Article 8
Entry into force
This Agreement shall enter into force on the first day of the third month following the date of service of the later of the diplomatic notes by which the Contracting Parties inform each other that their national conditions for the entry into force of this Agreement have been fulfilled.
Article 9
Final provisions
(1) This Agreement shall be concluded for an indefinite period. It may be amended or supplemented only in writing and by mutual agreement of the Contracting Parties.
(2) The Contracting Parties shall, at the request of one of the Contracting Parties, enter into negotiations on the amendment of the Agreement if serious problems arise in the implementation of the Agreement or changes substantially in the situation which existed when the Agreement was concluded.
(3) Each Contracting Party may terminate this Agreement in writing. The Agreement shall expire six months after the date of notification of termination to the other Contracting Party.
On 20 July 2021, in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government of the Czech Republic On behalf of the Government of the Federal Republic of Germany Karel Havlicek v. r. Vice-President and Minister of Transport Andreas Scheuer v. r. federal Minister for Transport
1) Decree of the Ministry of Transport No. 222 / 1995 Coll., on waterways, navigation in ports, joint accident and transport of dangerous goods, as amended.
2) Https: / / www.gesamtkonzept-elbe.de
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 21 / 2025 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the maintenance and development of the International Inland Elbe waterway |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.2025 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
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