Communication from the Ministry of Foreign Affairs No. 266 / 1997 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 266 / 1997 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 266 / 1997 Coll. is still valid and effective.

266

COMMUNICATION

Ministry of Foreign Affairs

The Ministry of Foreign Affairs announces that the Treaty between the Czech Republic and the Federal Republic of Germany on the common national borders was signed in Bonn on 3 November 1994.

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 Prague on 23 June 1997.

The Treaty entered into force on 1 September 1997 pursuant to Article 31 (2) thereof. This date expired:

- Treaty between the Republic of Czechoslovakia and the German Empire on border water flows and on the exchange of part of the territory in the Prussian part of the Czechoslovak-German border of 31 January 1930 No 218 / 1933 Coll.,

- Treaty between the Republic of Czechoslovakia and the German Empire on border flows in the Saxon and Bavarian border section and on the exchange of part of the territory at the border of 27 September 1935 No 212 / 1937 Coll.,

- Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the Common State Borders of 3 December 1980, with the exception of the border documentation set out in its Annex, No 112 / 1982 Coll.

The Czech version of the Treaty is hereby published at the same time.

TREATY

between the Czech Republic and the Federal Republic of Germany on common national borders

the Czech Republic and the Federal Republic of Germany,

led by the wish to keep the borders between the two States clear and to adjust the issues related thereto,

wishing to deepen the friendly cooperation between the two states,

agree as follows:

ČÁST I

CONTRIBUTION OF STATE BORDERS

Článek 1

(1) The national border between the Czech Republic and the Federal Republic of Germany has taken place since the contact of the national borders of the Contracting States with the national borders of the Republic of Poland in the border water flow of Lusatian Nisa (indirectly marked by three monoliths in the form of three-sided chamber needles) to the national borders of the Contracting States with the national borders of the Republic of Austria under the top of the Plečý (tristate border sign).

(2) The Czech-German national borders consist of:

(a) part of the borders with the Free State of Saxony, divided into border sections I to XXIII;

(b) part of the border with the Free State of Bavaria, divided into border sections I to XII.

Článek 2

(1) The progress of national borders is determined by:

(a) in part of the borders with the Free State of Saxony, the border documentation on the progress and identification of the common national borders annexed to the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the Common State Borders of 3 December 1980, as at 18 November 1988;

(b) in the part of the border with the State of Bavaria, the border documentary work of 1937 under the CoR on the end of the border documentary work in the Bavarian part of the border of Czechoslovak and Bavarian border of 9 November 1937 and, as regards moving national borders, changes which have occurred since then under the Treaty between the Republic of Czechoslovakia and the German Empire on border flows on the Saxon and Bavarian border section and on the exchange of part of the territory at the border of 27 September 1935, as well as the principles referred to by the Treaty.

(2) The Contracting States will update the border documentation referred to in paragraph 1 (a) as soon as possible and replace the border documentary work referred to in paragraph 1 (b) on the basis of the new focus already carried out. The result of these works will be the current frontier documentary work of the Czech-German state borders, which will be confirmed by a separate agreement.

Článek 3

State borders line the sovereign territories of the two Contracting States both on the Earth's surface and in a vertical direction in the airspace and beneath the Earth's surface. This principle also applies to the progress of national borders in above and underground construction and facilities of all kinds.

Článek 4

(1) The national borders take place as immobile:

(a) direct links from one border point to the nearest next documented in the frontier documentary work by measuring values; or

(b) the centre of the border roads, roads and ditches resulting from the border documentary work.

(2) Border roads, roads and ditches are described in the border documentary work. Any changes to border roads, roads and ditches shall not affect the course of the national borders, unless otherwise provided for by the specific agreement of the Contracting States.

Článek 5

(1) In border watercourses, with the exception of the Elbe and the Ohře, the national borders constitute the centrelines of the border watercourses or their main arms and are variable.

(2) The centre of the boundary water flow or its main arm is a balanced smooth line which is equally distant from both shore water flow lines.

(3) The main arm of the borderline water flow is the arm, which shows the largest flow at the median water state.

(4) Wet lines between the boundary water flow and adjacent territory at the centre of water shall be considered as shore lines. If the shore lines cannot be safely detected, they are generally considered to be lines that form the edge of a permanent crop along a boundary watercourse.

Článek 6

(1) In the case of natural minor changes, national borders are continuously monitored by the water flow centre line.

(2) In the case of natural changes of greater scale, as well as artificial changes, national borders take place as they did before the change occurred, until the Contracting States agree on a different course of national borders.

(3) If the location of moving national borders changes where they are moving, the place of transition shall be determined by decision of the Standing Czech-German Border Commission.

Článek 7

(1) At the Labi border water stream, national borders are determined by the fairway centre line and are mobile. They adapt to natural changes in the fairway centre line.

(2) The centre of the fairway is a straight line which is equally distant from both lines bordering the fairway.

(3) The sailing path is the deepest part of the river bed used for sailing, bounded by continuous lines and aimed at cross-sections.

Článek 8

The national borders in Ohří take place as fixed borders as shown in the border documentary work.

Článek 9

(1) The Contracting States undertake to maintain the waters in which national borders take place, as far as possible, so as to avoid changes in their position, unless essential water or environmental interests prevent this. Article 6 (1) shall remain unaffected.

(2) Notwithstanding the provisions of paragraph 1, the common use of these waters is without prejudice to both Contracting States.

ČÁST II

MEASUREMENT AND MARKING OF STATE BORDERS

Článek 10

The Contracting States undertake to ensure that the progress of the borders is always clear and geodetically secure by targeting and marking national borders. They undertake to maintain and, as necessary, restore border features and update the border documentary work, as provided for in this Treaty.

Článek 11

(1) The necessary metering experts and technical assistance staff for the targeting and marking of national borders shall be provided by each Contracting State at its own expense.

(2) The additional labour force, as well as the necessary material equipment, vehicles and apparatus (for example, machinery, tools and measuring instruments) shall be provided by each Contracting State at its own expense as follows:

- Czech Republic

in the part of the border with the Free State of Saxony for border sections I, II, V, IX, X, XIII, XIV, XVII, XVIII, XXI, XXII and in the part of the border with the Free State of Bavaria for border sections II, III, VI, VII, IX, X;

- Federal Republic of Germany

in the part of the border with the Free State of Saxony for border sections III, IV, VI, VII, VIII, XI, XII, XV, XVI, XIX, XX, XXIII and in the part of the border with the Free State of Bavaria for border sections I, IV, V, VIII, XI, XII.

(3) The provisions of paragraph 2 shall not apply by mutual agreement where necessary for reasons of economy and effectiveness. In doing so, efforts must be made to balance bilateral performance.

Článek 12

(1) Where a border sign is damaged or destroyed, all the costs of repair or renewal shall be borne by the Contracting State responsible for that border sign pursuant to Articles 10 and 11. All claims against pests shall be transferred to this Contracting State.

(2) If, on the basis of construction work, targeting or marking work is necessary, the contracting States shall be entitled to compensation against the contractor, unless another third party is legally obliged to cover the costs.

Článek 13

(1) The Contracting States shall jointly examine the border features every 10 years and ensure that the deficiencies identified are remedied.

(2) The first joint examination of the border features shall begin no later than five years after the entry into force of this Treaty.

(3) The focus of border watercourses shall be carried out in each second joint examination of the boundary characteristics.

Článek 14

(1) The Contracting States shall also take the necessary measures, outside the framework of joint periodic checks on border features, if the clarity of national borders so requires.

(2) If one Contracting State declares that the border sign has been moved, the Contracting States shall check the location of that border sign beyond the regular joint examination and, if necessary, move the border sign to the correct place.

(3) If the border water flow changes substantially its location, each Contracting State may request the identification of the progress of the national borders in this section and its evidence in the corresponding border documents.

Článek 15

(1) Owners and users of land, land and underground buildings and equipment situated at or near national borders are obliged to endure the work and measures necessary to characterise and target, in particular the establishment or consolidation of border signs and meters. Persons entrusted with the tasks referred to in Articles 10, 13 and 14 may enter and enter land and construction facilities for the purpose of their performance. They may only enter apartments and similarly protected areas with the consent of users. The persons concerned should be informed in due time of the start of work.

(2) Marking and targeting work should be carried out with the utmost regard to public and private interests.

(3) If such work and damage measures arise, the injured party shall be entitled to compensation against the Contracting State in whose territory the land, buildings and facilities are situated. In the case of claims for compensation by owners and users of land referred to in paragraph 1, the legislation of the Contracting State in whose territory the land, construction and installation are situated shall apply. The injured party may not claim compensation from the other Contracting State.

Článek 16

If there is a need to restore the indirect marking of the three-state border point in Lusatian Nisa or the three-state border point under Plevý, the work will be carried out after the agreement of all participating States.

ČÁST III

PROTECTION OF BORDER MARKS AND MAINTENANCE OF NOTIFICATION

Článek 17

The Contracting States 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.

Článek 18

(1) The Contracting States shall ensure that, on dry sections of the national borders, a free strip of a width of 1 m and around the border signs, indirectly indicating the course of the national borders, a free circle of a radius of 1 m without a visible crop, is maintained on both sides. This does not apply to grasslands used to strengthen the shores and protected trees and shrubs. The Contracting States will also ensure environmental protection.

(2) The owners and users of land are obliged to bear the work and measures referred to in paragraph 1. Otherwise, Article 15 shall apply mutatis mutandis.

Článek 19

(1) In the parts of the territories referred to in Article 18 (1), only establishments serving public transport, handling or surveillance at national borders may be built in future and management of any species which intersect them.

(2) Exemptions from paragraph 1 may be allowed in specific cases, provided that the clarity of national borders is not thereby limited.

Článek 20

No identification of the borders of ownership shall be further placed in the line of state borders. National ownership borders may continue to be marked only at a distance of at least 3 m from national borders.

Článek 21

In the event that work should be carried out to seek or acquire mineral resources within a 50 m strip on both sides of the national borders, the necessary measures to ensure the progress of the national borders and its marking shall be jointly established.

ČÁST IV

BORDER COMMISSION

Článek 22

(1) In order to carry out the tasks of targeting and marking national borders, updating the border documentary work, protecting and keeping them clear, the Contracting States hereby establish a Standing Czech-German Border Commission ("the Commission").

(2) The Commission consists of a delegation from the Czech Republic and a delegation from the Federal Republic of Germany. The total number of members of each delegation shall not exceed nine. Each Contracting State shall appoint the members of its delegation and, if necessary, its alternates. Each delegation may invite experts and auxiliary forces as necessary.

(3) Each Contracting State shall designate a chairman of its delegation and its representative from among the appointed members. The Presidents and their representatives shall be entitled to maintain direct contact with each other.

(4) Each Contracting State shall bear the costs of its delegation, including the costs of invited experts and auxiliary forces. Other costs incurred in connection with the Commission's activities shall be borne by the Contracting States, unless otherwise agreed, equally.

Článek 23

(1) The Commission is responsible in particular for the following tasks:

(a) establish the organisation and the way in which the national borders are marked and targeted and the maintenance of their marking;

(b) carry out the necessary targeting and maintenance of fixed points of the position field for geodetic securing of national borders;

(c) identify the type and extent of changes at border waterways, establish changes in the nature of national borders and take the necessary measures to that end;

(d) to make changes to the marking of national borders when establishing and cancelling border roads, roads and ditches;

(e) to comment on water management measures at border waterways in terms of the progress of national borders;

(f) comment on building and other technical measures in the immediate vicinity of national borders;

(g) determine the content and form of updating the frontier documentary work.

The Commission will draw up the necessary work plans to carry out these tasks.

(2) The Commission shall draw up a frontier paper as referred to in Article 2 (2). In doing so, it will seek to balance bilateral performance.

(3) The Commission will issue rules of procedure, directives for targeting and maintaining national borders, as well as guidelines for drawing up and updating the frontier documentary work for its joint action.

(4) The Commission is not authorised to change the course of the national borders.

(5) The Commission may submit proposals to the governments of the Contracting States to change the course of national borders.

Článek 24

(1) The agreement of the Presidents of the two delegations is needed for the Commission's decision. Decisions are part of the Commission's protocols and national border inspections. These protocols shall become legally binding once the Presidents of the two delegations have notified each other in writing that the national conditions have been met. These communications are to be made as soon as possible and not later than the next Commission meeting.

(2) If the Presidents of both delegations are unable to agree, the Commission's next action will be discussed through diplomatic channels. Contracting States shall endeavour to resolve the issues at issue by mutual agreement.

Článek 25

(1) The Commission will set up 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 will perform the tasks in accordance with the protocols drawn up by the Commission.

(3) The entries in two copies in the Czech and German languages shall be drawn up on each addition, amendment and renewal of the marking of the national borders, as well as on the findings made on the basis of the control of the results of the survey. Where necessary, technical documentation shall be provided.

(4) The Commission shall approve the entries and technical documents of the mixed technical groups.

(5) The Commission shall summarise the results of the work referred to in paragraph 3 at the end of each periodic examination.

(6) Article 11 (2) and (3) shall apply mutatis mutandis to the production and reproduction of technical documents, including in the framework of the update of the frontier documentary work, as well as to the activities of the Commission referred to in paragraph 5.

Článek 26

(1) The Commission shall meet at meetings or inspections of national borders on the basis of its decision or if one of the Contracting States so requests by diplomatic means.

(2) The Commission shall meet at its meetings and inspections of national borders, unless otherwise agreed, alternately in the sovereign territory of one of the two Contracting States.

Článek 27

(1) The meetings of the Commission and national border inspections are managed by the Chairman of the delegation of the Contracting State in whose territory they are held. Negotiations shall be held in the Czech and German languages.

(2) The Commission will draw up a Protocol in duplicate in the Czech and German languages on each meeting and on each inspection of national borders. Protocols shall be signed by the Presidents of the two delegations.

Článek 28

(1) Members of the Commission and of the Joint Technical Groups, as well as their experts and auxiliary forces, may move freely across the national borders and cross them without restriction at any time when necessary in the performance of their activities. On request, it must be demonstrated by means of a photo card or a valid passport or ID card and by written delegation from the Commission in the Czech and German languages.

(2) Where the persons referred to in Articles 11, 22 and 25 are among the uniformed, in particular military-organised components, they may wear the uniform of their component during their activities in the sovereign territory of the second Contracting State and use its means of transport. But they must not carry a weapon.

Článek 29

(1) The material exported from the customs territory of one Contracting State to the customs territory of the other Contracting State and used for work under this Treaty is exempt from import and export duties and charges. Unused material shall be re-exported to the customs territory of the Contracting State from which it was imported.

(2) The import and export duties and charges provided for in this Treaty are import and export duties, as well as all other taxes and charges levied on imports and exports of goods.

(3) Subject to re-exportation, they shall be exempt from import and export duties and charges as well as from the obligation to secure the customs debt:

vehicles, tools, apparatus, apparatus and machines which are imported from the customs territory of one Contracting State into the customs territory of the other Contracting State for work under this Treaty. These items must be exported no later than the month following the end of the work in the customs territory from which they were imported.

(4) The goods referred to in paragraphs 1 and 3 which are used under this Treaty shall not be subject to import and export prohibitions and restrictions.

(5) The Contracting States shall, within the framework of their national legislation, ensure each other all permissible relief of customs clearance concerning the import and export of goods required for work under this Treaty.

ČÁST V

FINAL PROVISIONS

Článek 30

(1) Disputes concerning the interpretation and implementation of this Treaty will be settled by the governments of both Contracting States.

(2) If the dispute cannot be settled in this way, it shall be submitted to the arbitration panel at the request of one of the Contracting States.

(3) The arbitration panel shall be established on an ad hoc basis in the manner that each Contracting State designates one arbitrator and the two arbitrators agree on a third-State national as chair of the arbitration panel, which shall be endorsed by the governments of the two Contracting States. The arbitrators shall be appointed within two months, and the President shall be confirmed within three months after one Contracting State has informed the other Contracting State that it wishes to bring the dispute before the arbitration panel.

(4) If one of the time limits referred to in paragraph 3 is not complied with, each Contracting State may request the President of the International Court of Justice to make the necessary appointment of arbitrators or chairmen. If the President of the International Court of Justice has the nationality of one of the two Contracting States or is prevented from acting on other grounds, the appointment of Vice-President shall be made. If the Vice-President also has the nationality of one of the Contracting States, or is prevented from doing so, the appointment of another member of the International Court of Justice who does not have the nationality of one of the two Contracting States shall take place.

(5) The arbitration panel shall act by a majority vote on the basis of the Treaties applicable between the Czech Republic and the Federal Republic of Germany and general international law. His decisions are binding. Each Contracting State shall pay the costs of its arbitrator as well as the costs of its representation in proceedings before the arbitration panel. The costs of the President as well as other expenditure shall be borne equally by both Contracting States. The arbitration panel may decide otherwise to pay the costs.

Článek 31

(1) This Treaty is subject to ratification; The instruments of ratification will be exchanged in Prague as soon as possible.

(2) This Treaty shall enter into force on the first day of the third calendar month following the replacement of the instruments of ratification.

Článek 32

This contract is concluded for an indefinite period. Parts I and V shall not be denounced. Other provisions may be denounced in writing 10 years after the entry into force of the Treaty. The denunciation shall become effective two years after the date of its notification.

Článek 33

From the date of entry into force of this Treaty:

(a) the Treaty between the Republic of Czechoslovakia and the German Empire on border waterways and on the exchange of part of the territory in the Prussian part of the Czechoslovak-German border from 31 January 1930;

(b) the Treaty between the Republic of Czechoslovakia and the German Empire on border flows in the Saxon and Bavarian border sections and on the exchange of part of the territory at the border of 27 September 1935;

(c) The Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the Common State Borders of 3 December 1980, with the exception of the border documentation set out in the Annex thereto.

To prove it, the agents of both Contracting States signed this contract and sealed it with their seals.

Done at Bonn on 3 November 1994 in two originals, each in the Czech and German languages, the two texts being equally authentic.

For the Czech Republic:

Jan Ruml v. r.

Minister of Interior

For the Federal Republic of Germany:

Manfred Kanther v. r.

Federal Minister for Interior

Dieter Kastrup v. r.

State Secretary of the Federal Republic