Communication from the Ministry of Foreign Affairs No. 246 / 2024 Coll.

Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Slovak Republic on State Borders

Valid Effective from 01.08.2024
Text versions: 01.08.2024
246
SDĚLENÍ
Ministerstva zahraničních věcí
o sjednání Smlouvy mezi Českou republikou a Slovenskou republikou o státních hranicích
Ministerstvo zahraničních věcí sděluje, že dne 9. listopadu 2023 byla v Praze podepsána Smlouva mezi Českou republikou a Slovenskou republikou o státních hranicích.
The Parliament of the Czech Republic agreed to the Treaty and the President of the Republic ratified the Treaty. The instruments of ratification were exchanged in Bratislava on 25 June 2024.
Article 22 of the Treaty entered into force on 1 August 2024. The Treaty between the Czech Republic and the Slovak Republic on common national borders, signed at Židlochovice on 4 January 19961), as amended by the Treaty between the Czech Republic and the Slovak Republic amending and supplementing the Treaty between the Czech Republic and the Slovak Republic on common national borders of 4 January 1996, signed at Bratislava on 13 May 20102), with the exception of the provisions of Articles 3, 4 and 32 which remain in force until the conclusion of a special contract pursuant to Article 32 (1) and the Treaty between the Czech Republic and the Slovak Republic on the updating of a frontier document signed in Prague on 20 November 20183).
The Czech version of the Treaty 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
TREATY
BETWEEN THE CZECH REPUBLIC AND THE SLOVAK REPUBLIC ON STATE 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
striving to maintain a clear flow of national borders,
agree as follows:

ČÁST PRVNÍ

Progress and identification of national borders
Článek 1
The national borders between the Czech Republic and the Slovak Republic (hereinafter referred to as the "national borders") are the area which vertically crosses the border line on the earth's surface and separates the territories of the two States, their airspace, the space under the earth's surface, buildings and facilities of all kinds.
Článek 2
(1) The national borders are immobile and take place on a direct link between successive border points from the point of contact of the national borders of the Contracting Parties and the Republic of Poland (Beskydy) to the point of contact of the national borders of the Contracting Parties and the Republic of Austria (Dyje - Moravia), as determined on 25 July 1997 by the Treaty between the Czech Republic and the Slovak Republic on common national borders signed on 4 January 1996 in Židlochovice.
(2) The course of the national borders is defined by the List of Coordinates of Border Points in the European Territorial Reference System 1989 (ETRS89), which is annexed to 1 of this Treaty, and shown in a clear map, which is annexed to 2 of this Treaty.
Článek 3
Changes to the course of national borders may only be made under an international agreement.
Článek 4
State borders are divided into nine border sections marked with Roman numerals I to IX from north to south.
Článek 5
(1) For the purposes of this Treaty:
(a) the boundary water flow of the water flow section through which the national borders take place;
(b) the border route of the route through which the national borders take place;
(c) the border rainfall of the rainfall through which the national borders take place;
if so indicated in the frontier documentary work.
(2) The course of national borders is marked by border signs:
(a) directly at border points;
(b) indirectly alternately on both sides of the border watercourse, the border route or the border ravine; or
(c) indirectly in a pair or trio at the beginning or end of a border water stream, a border route or a border ravine.

ČÁST DRUHÁ

State Border Management
Článek 6
(1) The Contracting Parties shall ensure that the progress of national borders is always clear, clear, geodetically targeted and marked. They undertake, in particular, to renew border signs and update the border documentary work as necessary.
(2) Unless otherwise agreed, the Contracting Parties shall ensure the activities referred to in paragraph 1 as follows:
Czech Republic in border sections II, IV, VI, VIII, IX (right bank of the river Moravia),
The Czech Republic in border sections I, III, V, VII, IX (left bank of the river Moravia).
Článek 7
(1) The Contracting Parties shall ensure the joint examination of national borders every seven years, with the removal of the deficiencies identified. The seven-year period shall be calculated from the start of field work in the previous joint examination.
(2) The Contracting Parties shall take the necessary measures, other than the joint examination referred to in paragraph 1, if the progress of national borders so requires.
(3) If it is found that the border sign has been moved, the Contracting Party referred to in Article 6 (2) shall ensure that, unless otherwise agreed by the Contracting Parties, the verification of its position beyond the joint examination and, if necessary, shall move the border sign to the correct place.
Článek 8
The Contracting Parties shall, at their own expense, ensure the targeting and marking of national borders and works related to the development of a frontier documentary work, including material equipment, means of transport and equipment. In doing so, they shall seek to ensure the greatest possible efficiency, economy and balance of performance of both Parties.
Článek 9
(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 mark national borders, in particular the establishment or addition of border features and their protective facilities, the targeting and maintenance of national borders, as well as the entry of persons in charge of such works. The work should be carried out taking into account the legitimate interests of owners, holders and administrators. They must be informed in advance of the start of work.
(2) The implementation of the work referred to in paragraph 1, as well as the entry and entry into land, buildings and equipment shall be subject to the national law of the Contracting Party in whose territory the land, buildings and installations are situated.
Článek 10
If damage is incurred under this Treaty, the injured party shall be entitled to compensation from 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.
Článek 11
The work related to the maintenance and renewal of the three-state border points may only be carried out by mutual agreement of all participating States.
Článek 12
The Contracting Parties shall protect the border features, signaling devices, measuring marks and other devices used to target national borders and to protect the designation of national borders and information devices on national borders against damage, destruction, unauthorised movement and use in contravention of their designation.
Článek 13
(1) The Contracting Parties shall ensure that at the national borders directly marked by border signs, a free line of 1 m wide area is maintained on both sides of the national border and around border signs indirectly indicating the progress of the national border, a free circle of 1 m radius, with no crops and obstacles to their visibility. This does not apply to crops used to strengthen the shores and to protected trees, shrubs and other plants.
(2) On the areas referred to in paragraph 1, only establishments serving public transport, the protection of national borders and the management of any kind which intersect national borders may be built. A derogation may be granted in special cases.
(3) If the border of the land is identical to or affects the course of the national border, it may be permanently marked at a distance of more than 1 m from the national border.
(4) The restrictions referred to in paragraph 2 shall not apply to installations already in existence at the time of the entry into force of this Treaty.
(5) Before starting works or other technical measures of any kind or work related to the search for or conquest of mineral assets within a 50 m strip on both sides of the national border, the competent authorities of the Contracting Parties shall determine the necessary measures to indicate the progress of the national borders.

ČÁST TŘETÍ

Permanent Czech-Slovak Border Commission
Článek 14
(1) In order to carry out the tasks provided for in this Treaty, the Contracting Parties 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 Government of each Contracting Party shall appoint the Chair of its delegation and a further maximum of six members from which the Chairperson 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.
(4) Each Party shall bear the costs of its appointed members of delegations, experts and auxiliary forces.
(5) The Border Commission is not entitled to change the course of the national borders. Where necessary, it may submit proposals to the competent authorities of the Contracting Parties for changes to the course of the national borders.
Článek 15
(1) The Contracting Parties hereby authorise the Border Commission to conduct and keep up-to-date the border documentary work on the progress of national borders and their marking in the field. The Border Commission sets out the structure and content of the border documentary work.
(2) The frontier documentary work is deposited with the competent authorities of the Contracting Parties. The Contracting Parties shall ensure that the frontier documentary work is made available to the general public in an appropriate manner.
(3) If the BTWC finds irregularities in the Borders Coordinates list set out in Annex 1 to this Treaty, it shall clarify those irregularities taking into account all existing State border documents. If irregularities cannot be clarified on the basis of these supporting documents, on-the-spot findings should also be taken into account.
(4) Where the procedure referred to in paragraph 3 results in the detection of a manifest error in the Borders Coordinates list which does not affect the conduct of the national borders, the Borders Committee shall record it. Corrections to obvious errors will then be confirmed by the parties to the agreement by exchanging diplomatic notes.
Článek 16
In particular, the Border Commission shall:
(a) issue rules of procedure and technical regulations for marking, targeting, maintaining national borders and updating the frontier documentary work;
(b) establish the shape, dimensions, material, appearance and identification of the border signs;
(c) decide on the designation of national borders referred to in Article 5 (2);
(d) decide, where necessary, on exemptions from the division of works referred to in Article 6 (2);
(e) organise work on the joint examination referred to in Article 7;
(f) assess and approve the results of field work as well as the relevant technical documentation;
(g) draw up a final report on the results of the joint examination referred to in Article 7, assessing its progress and listing the parts of the frontier documentary work updated during the joint examination period;
(h) decide on the exemption from the restrictions referred to in Article 13 (2);
(i) discuss the measures relating to the identification and conduct of national borders referred to in Article 13 (5);
(j) draw up and keep up to date the frontier documentary work referred to in Article 15 (1);
(k) clarify any discrepancies in the Borders Coordinates list and take corrective measures in accordance with Article 15 (3) and (4);
(l) establish and coordinate the activities of mixed technical and expert groups, assess and approve submitted technical documents and entries;
(m) issue written mandates in accordance with Article 17 (2).
Článek 17
(1) Joint Technical and Expert Groups shall be jointly maintained by representatives of the Parties.
(2) The members of the Border Commission, the Joint Technical and Expert Groups, invited experts and auxiliary forces shall be shown at or near the national borders in the performance of their tasks under this Treaty, together with the written mandate of the Border Commission.
Článek 18
(1) The Border Commission shall meet at meetings or inspections of national borders as appropriate, at least once a year, or if requested by one of the Contracting Parties through diplomatic channels. In such a case, the Border Commission shall meet within three months of receipt of the request from the other Contracting Party.
(2) The meetings of the BTWC and national border inspections shall take place alternately on the territory of the two Contracting Parties. Meetings or inspections of national borders shall be conducted by the Chairman of the delegation of the Contracting Party in whose territory they are held. Negotiations shall be held in the Czech language and in the Slovak language.
(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) Each meeting or tour of national borders shall be drawn up by the Border Commission in duplicate, each in the Czech language and in the Slovak language. Protocols shall be signed by the Heads of Delegation or their representatives. Protocols shall be subject to national approval and shall enter into force on the date of service at a later date of written notification by the Heads of Delegation of their national approval.

ČÁST ČTVRTÁ

Final provisions
Článek 19
The management, operation, use, use and maintenance of, in particular, watercourses, standing waters, drains, communications and civil engineering networks which intersect or pass through national borders, including structures and installations at national borders, are governed by specific contracts.
Článek 20
Any disputes concerning the interpretation or implementation of this Treaty shall be settled by the negotiations of the Contracting Parties.
Článek 21
The Treaty between the Czech Republic and the Slovak Republic on common national borders, signed in Bratislava on 4 January 1996, as amended by the Treaty between the Czech Republic and the Slovak Republic amending and supplementing the Treaty between the Czech Republic and the Slovak Republic on common national borders of 4 January 1996, signed in Bratislava on 13 May 2010, with the exception of the provisions of Articles 3, 4 and 32 which remain in force until the date of conclusion of the special contract referred to in Article 32 (1), and the Treaty between the Czech Republic and the Slovak Republic on the updating of the frontier paper signed in Prague on 20 November 2018.
Článek 22
This contract is concluded for an indefinite period. This Treaty shall be subject to ratification and shall enter into force on the first day of the second month following the exchange of instruments of ratification. The replacement of instruments of ratification shall take place in Bratislava.
In Prague on 9 November 2023, in two original copies, each in the Czech language and in the Slovak language, both texts being equally authentic.
For the Czech Republic Za Slovenské republikuVít Austušan v. r. minister vnitraMatúš Šutaj Eštok v. r.r.
Annexes: 1. List of coordinates of border points 2. Overview map

Příloha 1

Annex 1 to the Treaty between the Czech Republic and the Slovak Republic on national borders
† List of border points coordinates
List of border points coordinates Zoznam súradnich broudních pobov Intermediate border point number 69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,69,66,66,66,66,66,66,66,66,66,66,66,56,66,66,66,66,66,66,66,66,66,66,66,66,66,66,55,55,55,55,55,55,55,55,55,55,55,55,55,55,55,55,55,55,59,59,59,59,59,59,59,59,69,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,59,@@

Příloha 2

Annex 2 to the Treaty between the Czech Republic and the Slovak Republic on national borders
Clear Map

1) The Treaty between the Czech Republic and the Slovak Republic on common national borders, signed at Židlochovice on 4 January 1996, was published under No 246 / 1997 Coll.
2) The Treaty between the Czech Republic and the Slovak Republic amending and supplementing the Treaty between the Czech Republic and the Slovak Republic on common national borders of 4 January 1996, signed in Bratislava on 13 May 2010, was published under No 33 / 2011 Coll. s.
3) The Treaty between the Czech Republic and the Slovak Republic on the updating of the frontier documentary work, signed in Prague on 20 November 2018, was published under No 47 / 2020 Coll., p.

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Regulation Information

CitationCommunication from the Ministry of Foreign Affairs No. 246 / 2024 Coll., on the Agreement between the Czech Republic and the Slovak Republic on State Borders
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation16.08.2024
Effective from01.08.2024
Effective until-
Status Valid
The regulation text is for informational purposes only.
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