Communication from the Ministry of Foreign Affairs No. 246 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Slovak Republic on common national borders
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International Treaty
Effective from 25.07.1997
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01.10.1997
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246
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 4 January 1996 the Treaty between the Czech Republic and the Slovak Republic on common national borders was signed in Židlochovice.
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 Bratislava on 25 June 1997.
The Treaty entered into force on 25 July 1997 pursuant to Article 38 thereof. The Treaty between the Czech Republic and the Slovak Republic on the general definition of common national borders of 29 October 1992, published under No 229 / 1993 Coll.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Slovak Republic on common national borders
the Czech Republic and the Slovak Republic (hereinafter referred to as the "Contracting Parties'),
implementing the principles and objectives of the Treaty between the Czech Republic and the Slovak Republic on good neighbourhoods, friendly relations and cooperation, signed in Bratislava on 23 November 1992,
led by the desire to identify common national borders and to maintain their clear progress,
agree as follows:
CONTRIBUTION AND MARKING OF COMMON STATE BORDERS
The national borders between the Czech Republic and the Slovak Republic (hereinafter referred to as the "national borders') are the area which vertically passes the border line to the earth's surface and separates the territories of the two States, their airspace, the space beneath the earth's surface, the above and underground structures and facilities of all kinds.
(1) The national borders shall take place from the point of contact between the national borders of the Contracting Parties and the Republic of Poland to the point of contact between the national borders of the Contracting Parties and the Republic of Austria as shown in the frontier documentary work annexed to this Treaty and forming an integral part thereof.
(2) The frontier documentary work consists of:
(a) a report on the completion of the frontier documentary work;
(b) Border maps;
(c) Description of national borders;
d) Measurement drawings,
(e) List of border waterways;
(f) List of border routes,
(g) List of coordinates and altitudes;
(h) Protocol on the point of contact of the national borders of the Czech Republic, the Slovak Republic and the Republic of Poland "Beskydy,"
(i) Protocol on the point of contact of the national borders of the Czech Republic, the Slovak Republic and the Republic of Austria "Dyje - Morava."
(1) Changes in the course of the national borders compared to the situation on 1 January 1993 are described and graphically illustrated in the documentation of the changes in the course of the Czech-Slovak state borders, which is Annex II to this Treaty and is an integral part thereof.
(2) The documentation of Changes in the course of the Czech-Slovak state borders consists of:
(a) List of changes to the course of national borders;
(b) technical documentation (situation plan, list of areas, list of coordinates),
(c) Final certificate.
(1) The areas of the national territory of the Czech Republic with an area of 452,0177 ha separated from its national territory by changes in the course of the national borders referred to in Article 3 (1) of this Treaty shall belong to the Slovak Republic as from the date of entry into force of this Treaty.
(2) The areas of the national territory of the Slovak Republic with an area of 452,0177 ha separated from its national territory by changes in the course of the national borders referred to in Article 3 (1) of this Treaty shall belong to the Czech Republic as from the date of entry into force of this Treaty.
(3) The Contracting Parties confirm that by changing the course of national borders and by exchanging parts of national territories, the area of separate areas of national territories is mutually balanced.
(1) The national borders are divided into border sections I to IX.
(2) The marking of border sections and their length are determined by the frontier documentary work.
(1) The course of national borders is marked in the field by boundary characters which are individually fitted, in pairs or in triplicate as follows:
(a) individually - directly at the border line or alternately on both sides of the common border routes, ditches and border waterways,
(b) in pairs - at the beginning and at the end of common border roads, 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) in triplicate - as in a pair of border signs where the use of a pair of border signs is insufficient to clearly indicate the course of the border line.
(2) The progress of national borders is marked in the field by the following types of border signs:
(a) the basic boundary characteristics at the beginning of the border sections;
(b) the main border features situated within the border sections to indicate the main changes in the direction of the national borders, at the places of the significant points of the national borders, the intersection of the national borders with important roads and water flows;
(c) intermediate border features situated within the border sections at the locations of other fracture points of the national borders, in intersecting state borders with roads, water flows, cadastral borders, municipal borders, significantly different types of land and on terrain breaks;
d) granite monolites of the shape of three-sided chamber needles at the beginning of the border section I marked the point of contact between the national borders of the Czech Republic, the Slovak Republic and the Republic of Poland individually situated in each of these States,
(e) plates or other marks on rocks and road bodies.
(3) The shape, dimensions, material, marking and location of the border signs are determined in the border documentary work.
(4) Where necessary, the operation of national borders may also be indicated by other border features referred to in Article 25 (1) of this Treaty.
(5) Where necessary, additional border signs may be affixed, the endangered border signs may be moved to a safe place or the direct marking of national borders may be changed in an indirect or vice versa in accordance with Article 25 (1) of this Treaty.
(1) The fixed national borders are:
(a) on dry areas;
(b) at points where standing water or water flows from one shore to another intersect;
(c) in places where it passes from the dry part to the border water flow and vice versa;
(d) at a bilaterally adjusted border water flow, if the Contracting Parties so agree.
(2) The non-mobile national borders referred to in paragraph 1 shall take place:
(a) a direct link from one border sign to the nearest following border sign documented in the border documentary work;
(b) the axis of the border roads and moats;
(c) by the geometric axis of the two-sided adjusted boundary watercourses and objects on them.
(3) Any changes in border routes, ditches or border watercourses taking place within immobile national borders do not affect the operation of national borders unless the Contracting Parties agree otherwise.
(1) Flexible national borders take place through border water flows except in the cases referred to in Article 7 (1) (c) and (d) and Article 7 (2) (c) of this Treaty.
(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 watercourses, if the centre line has not deviated from the border line by more than the width of the riverbed, at the border watercourse of Moravia by more than a quarter of the width of the riverbed, except in the cases referred to in Article 7 (2) (c) and Article 8 (3) of this Treaty;
(b) artificial changes in the position of the trough as a result of modifications to the border waterways made in agreement with the competent authorities of the Contracting Parties, provided that the centre line does not deviate from the border line by more than a width of the trough at the border water flow of Moravia by more than a quarter of the width of the trough and that the areas are separated by a new position of the centre line of the border water flow from the national territories of the Contracting Parties.
(3) In natural changes to the position of the trough of border watercourses of a greater magnitude than those referred to in paragraph 2 (a), national borders shall take place as they were before such changes unless the Contracting Parties agree otherwise.
(1) The centre of the border watercourse or its main arm is:
(a) a line equally distant from the two shore lines of the unprepared or unilaterally modified boundary watercourse or its main arm;
(b) the geometric axis of the bilaterally adjusted trough of the boundary watercourse or its main arm.
(2) Border watercourses border lines determine:
(a) significant shore edges; or
(b) lines determined by the water level which may still flow between the banks without being poured into the adjacent territory; or
(c) the intersection of the water level in the average water state with the area of the adjacent territory; or
(d) the edges of permanent crops.
(3) If it is not possible to determine the boundary water flow line according to the above criteria, the line shall be determined by the water management experts of the Contracting Parties.
(4) The main arm of the boundary water flow is the shoulder that has the largest flow rate in low or medium water states.
Boundary watercourses, paths and ditches are shown in the border documentary work. At the beginning and end, there are pairs or triples of border signs and along them are individual border signs planted alternately in each Contracting Party.
(1) The Contracting Parties shall maintain border watercourses and objects located on them in such a way as to ensure that the specified course of national borders is ensured.
(2) Where the process of moving national borders is changed at a place where they move to a fixed place, a new place of transition shall be determined in accordance with Article 25 (1) of this Treaty.
Changes in the course of the national borders other than those referred to in Article 8 (2) of this Treaty may be made only if the Contracting Parties so agree as a special contract.
GOVERNMENT OF STATE BORDERS
The Contracting Parties shall ensure that the progress of national borders is always clear, clear, marked and geodetically targeted. They undertake to maintain them under this Treaty, to restore border features as necessary and to update the border documentary work.
(1) The Contracting Parties shall ensure that national borders are checked every five years and that the deficiencies identified are corrected. The five-year period shall be calculated from the completion of field work during the previous examination. The first examination shall begin in the second year following the entry into force of this Treaty.
(2) The focus of border waterways shall be on each second examination of national borders.
(3) Where necessary, the Contracting Parties shall carry out a comprehensive examination of the national borders or parts thereof.
(4) On the basis of the results of the checks referred to in paragraphs 1 to 3, the relevant border documents shall be drawn up.
(5) Border documents drawn up when examining national borders shall be subject to approval under the national law of each Contracting Party. These documents shall enter into force and become an integral part of the frontier documentary work on the date of their approval.
(1) The Contracting Parties shall take the necessary measures, other than the examination provided for in Article 14 (1) to (3) of this Treaty, if the progress of national borders so requires.
(2) If one of the Contracting Parties finds that a border sign has been moved, the Contracting Parties shall verify its position beyond the examination and, if necessary, move the border sign to the correct place.
The Contracting Parties shall ensure at their own expense the targeting and marking of national borders and work related to the drawing up of border documents, including material equipment, means of transport and equipment. In doing so, they will seek to ensure the greatest possible effectiveness, economy and balance of bilateral performance.
(1) Owners, holders and managers of land, buildings and equipment situated at or near national borders are obliged to endure the work and measures necessary to identify, target and maintain the national borders, as well as the entry of persons in charge of such work. The work should be carried out taking into account the legitimate interests of owners, holders and administrators. They shall be informed in advance of the start of work.
(2) The implementation of the work referred to in paragraph 1, as well as entry and entry into land, construction and equipment shall be subject to the national law of the Contracting Parties.
If damage is incurred under this Treaty, the injured party shall be entitled to compensation against the Contracting Party in whose territory the land, buildings and equipment are situated. The claim for compensation shall be treated in accordance with the national law of the Contracting Party in whose territory the land, buildings and facilities are situated.
The work related to the maintenance and renewal of three national border points may only be carried out by mutual agreement between all participating States.
The Contracting Parties shall protect the border features, the measuring marks and other devices used to indicate national borders against damage, destruction, unauthorised movement and use in contravention of their designation.
The Contracting Parties shall ensure that a free line of 1 m width and around border signs is maintained on both sides at the national borders directly marked by border signs, indirectly indicating the state border, a free circle of 1 m radius, free of vegetation and obstacles to visibility. This does not apply to grasslands used to strengthen the shores and to protected trees, shrubs and plants.
(1) On the areas referred to in Article 21 of this Treaty, only establishments serving public transport, customs and passport control, the protection of national borders and the management of any kind that intersects national borders may be built.
(2) If the border of the land is identical to or intersects the course of the national border, it may be permanently marked at a distance of more than 2 m from the national border.
(3) The Contracting Parties may, in specific cases by mutual agreement, authorise exemptions from paragraph 1.
Before commencing work on the search for or conquest of mineral resources within a 50 m strip on both sides of the Contracting Party's national borders, the necessary measures shall be agreed to ensure the progress of the national borders and their identification.
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(1) In order to carry out the tasks referred to in Part One and Part Two of this Treaty, the Contracting Parties shall establish a Standing Czech-Slovak Border Commission (hereinafter referred to as the Border Commission).
(2) The Border Commission is composed of a delegation of the Czech Republic and a delegation of the Slovak Republic. The governments of the Contracting Parties shall appoint a Chairperson and a maximum of six other members to their delegation, from which the Chair of the Delegation shall designate a representative. The appointment and removal of the Chair of the delegation shall be notified by diplomatic channels to the Contracting Parties. Changes in the composition of the delegation shall be notified to each other by the Heads of Delegation.
(3) Delegations may invite experts and auxiliary forces to carry out their tasks under this Treaty as appropriate. The Heads of Delegation and their representatives shall have the right to maintain direct contact with each other.
(4) The Contracting Parties shall bear the costs of their delegation. The other costs related to the activities of the Border Commission as well as the costs of maintaining national borders shall, unless otherwise agreed, be borne equally by the Contracting Parties.
(1) The Border Commission shall in particular:
(a) organise and ensure the marking, targeting and maintenance of national borders, manage and control the implementation of such work;
(b) organise and carry out checks on the progress of national borders and border features pursuant to Articles 14 and 15 of this Treaty;
(c) decide on the manner and changes to indicate the progress of national borders, in particular on water flows and facilities serving public transport;
(d) express its views on construction works and other technical measures in the immediate vicinity of national borders. It is entitled to grant the derogation provided for in Article 22 (3) of this Treaty,
(e) review, control and approve the entries and documents drawn up by the Joint Technical and Expert Groups;
(f) amend and supplement the frontier documentary work, determine the content and form of its updating, eliminate the differences between data in border documents and new findings in the field;
(g) identify the type and extent of changes at border waterways and take the necessary measures in accordance with Article 8 of this Treaty;
(h) ensure that three-state border points are marked and maintained and checked.
(2) The Borders Commission issues Rules of Procedure, Directives for the Labelling, Targeting and Maintenance of State Borders and Instructions for the Updating of the Borders Document.
(1) The Border Commission is not entitled to change the course of the national borders.
(2) The Border Commission may submit proposals for changes to the course of the national borders.
The Border Commission shall meet as necessary, at least once a year, or if one of the Contracting Parties so requests by diplomatic means.
(1) Meetings of the Border Commission shall be held alternately on the territory of the two Contracting Parties.
(2) The meetings of the Borders Commission and national border inspections are managed by the Chairman of the delegation of the Contracting Party in whose territory they are held. Negotiations are held in Czech and Slovak.
(3) The decision of the Border Commission shall require the agreement of the Presidents of the two delegations. If the Heads of Delegation do not agree, they shall submit a proposal for a decision to the Home Ministers.
(4) The Border Commission shall draw up a protocol on each meeting and on the inspection of national borders in two copies, each in the Czech and Slovak languages. Protocols shall be signed by the Heads of Delegation or their representatives. The Protocols shall enter into force on the date of receipt of the written notification by the Heads of Delegation of their national approval.
(1) The Border Commission establishes mixed technical 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 heads of the Joint Technical Groups shall perform the tasks in accordance with the protocols of the Border Commission.
(3) Each addition, amendment and renewal of the marking of national borders, as well as the findings resulting from checks on the results of the concentration, shall be made up in duplicate, each in the Czech and Slovak languages. If necessary, technical documentation shall be provided.
(4) At the end of each examination of the national borders, the Border Commission will summarise the results of the work in the final report submitted for approval by the Home Ministers.
(1) Members of the Border Commission, of the Joint Technical Groups, invited experts and auxiliary forces may move freely across the national borders and cross them without restriction at any time, if necessary for the performance of their tasks. At the request of the authorised control authorities of the Contracting Parties, the service card with a photograph or valid travel document or a citizen's card shall be shown, together with the written mandate of the Border Commission.
(2) Where the persons referred to in paragraph 1 are entitled to wear a uniform, they may wear it in the territory of the other Contracting Party during their activities. 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 for the purpose of carrying out the work resulting from this Treaty shall be exempt from customs duties, taxes and other charges. Unused goods must be re-exported to the territory of the Contracting Party from which they were imported.
(2) Vehicles, instruments, instruments, tools, apparatus, machinery and other equipment imported for the purpose of carrying out the work referred to in paragraph 1 shall be exempt from customs duties, taxes and other charges and from the obligation to secure the customs debt provided that they are exported back. Such exports shall take place in the territory from which the goods were imported within one month of the date of completion of the work.
(3) The non-exported goods referred to in paragraphs 1 and 2 are subject to customs duties, taxes and other charges under the national law of the Contracting Party in whose territory they remain.
(4) Persons in charge of tasks relating to the management of national borders may import items for their personal use, including travel, food, beverages, medicines and tobacco products, at a reasonable amount of their stay in the territory of the other Contracting Party, free of duty, taxes and other charges.
(5) The goods referred to in paragraphs 1, 2 and 4 are exempt from import and export prohibitions and restrictions.
SPECIAL AND TRANSITIONAL PROVISIONS
(1) The property-law relations relating to the separation of areas of parts of national territories referred to in Article 4 (1) and (2) of this Treaty shall be governed by a special contract between the Contracting Parties.
(2) The Contracting Parties undertake not to transfer ownership of their property to another entity until the date of entry into force of the contract for the settlement of their immovable property situated on the separate areas of parts of national territories referred to in Article 4 (1) and (2) of this Treaty.
(3) The ownership of natural and legal persons in respect of assets situated on separate areas of parts of national territories pursuant to Article 4 (1) and (2) of this Treaty remains unaffected.
The Contracting Parties shall negotiate specific contracts on the management, operation, use, use and maintenance of the national borders, in particular water courses, standing waters, ditches, communications and civil engineering networks which intersect or pass through national borders, including structures and installations thereof.
(1) The acts of natural and legal persons relating to the organisation of legal relations on areas separated by parts of national territory pursuant to Article 4 (1) and (2) of this Treaty shall be exempt from administrative charges. The scope, manner and duration of the exemption shall be adjusted by a separate contract by the Contracting Parties.
(2) The Contracting Parties shall ensure that all data, documents, documentation and other supporting documents relating to the areas separated by parts of national territories referred to in Article 4 (1) and (2) of this Treaty are provided free of charge to each other within one year of the entry into force of this Treaty.
FINAL PROVISIONS
(1) Any disputes concerning the interpretation or implementation of this Treaty shall be settled by the Home Ministers and, unless agreed, shall be dealt with by the Governments of the Contracting Parties.
(2) If the dispute cannot be resolved in the manner referred to in paragraph 1, it shall be submitted to the arbitration panel at the request of one of the Contracting Parties.
(3) The arbitration panel shall be established on an ad hoc basis by designating one arbitrator from among its national citizens at the latest three months after the date of notification of the intention of one of them. The President of the arbitration panel shall be a citizen of a third State agreed upon by the arbitrators.
(4) Unless the arbitrators' agreement on the President of the Arbitration Court is reached within six months of notification of the intention of one Contracting Party to refer to the Arbitration Court and unless otherwise agreed, the Contracting Party concerned shall contact the Secretary-General of the Standing Arbitration Court in The Hague to appoint the President of the Arbitration Court. If the Secretary-General of the Standing Arbitration Court is a national of one of the Contracting Parties, he shall be treated in accordance with the options of the Standing Arbitration Court.
(5) Proceedings before an arbitration panel shall be governed by the principles of international law.
(6) The arbitration panel shall act by a majority vote. Its decisions shall be binding on both Parties. The Parties shall bear the costs of their arbitrators. The other costs of the activities of the arbitration panel shall be borne by the Parties equally.
The Treaty between the Czech Republic and the Slovak Republic on the general definition of common national borders signed in Prague on 29 October 1992 expires on the date of entry into force of this Treaty.
This contract is for an indefinite period. The various provisions of this Treaty may be amended or supplemented only by mutual agreement of the Contracting Parties. This Treaty shall expire on the date of entry into force of the new Treaty on common national borders.
This Treaty shall be subject to ratification and shall enter into force on the 30th day following the date of replacement of the instruments of ratification. The replacement of instruments of ratification shall take place in Bratislava.
Dane v Židlochovice on 4 January 1996 in two original copies, each in the Czech and Slovak languages, both texts being equally authentic.
For the Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Slovak Republic:
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 246 / 1997 Coll., on the Agreement between the Czech Republic and the Slovak Republic on Common State Borders |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.1997 |
|---|---|
| Effective from | 25.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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