Communication from the Ministry of Foreign Affairs No. 53 / 1999 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 cooperation in the field of environmental protection
Valid
International Treaty
Effective from 02.01.1999
Text versions:
18.03.1999
53
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 24 October 1996 the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on cooperation in the field of environmental protection was signed in Bonn.
The Agreement entered into force on 2 January 1999 on the basis of Article 13 thereof. This Agreement replaces, in the relations between the Czech Republic and the Federal Republic of Germany, the Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the Federal Republic of Germany on cooperation in the field of environmental protection of 5 October 1987, published under No 35 / 1988 Coll.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech Republic and the Government of the Federal Republic of Germany
on cooperation in the field of environmental protection
Government of the Czech Republic
and
the Government of Germany,
aware of the great importance attached to environmental protection in both countries,
governed by the Treaty of 27 February 1992 between the Czech and Slovak Federal Republic and the Federal Republic of Germany on good neighbourhood and friendly cooperation,
in accordance with the conclusions and declarations of the 1992 United Nations Conference on Environment and Development in Rio de Janeiro, in particular with regard to the implementation of the principle of sustainable development,
recognising the need for the use of natural resources in an environmentally sound manner,
Believing that close cooperation in the field of environmental protection based on mutual trust brings benefits to both parties and contributes to the consolidation of good neighbourly relations,
agree as follows:
1. The Government of the Czech Republic and the Government of the Federal Republic of Germany (hereinafter referred to as the Parties) will cooperate in the field of environmental protection on the basis of equality, reciprocity and mutual benefit.
2. The aim of cooperation is to continuously improve the environment
(a) mitigation of harmful effects on the environment;
(b) the use of natural resources in a way that is environmentally sound;
(c) the protection, care and development of a place appropriate to the diversity of species, their communities and habitats.
1. The Parties shall cooperate in particular in the field of improving air cleanliness, water protection, soil, nature and landscape management, including forest protection.
2. The focus of cooperation lies mainly in:
(a) exchange of information and experience on legislation and public administration issues in the field of the environment;
(b) the collection and analysis of environmental data and of factors affecting it as well as the exchange of such information;
(c) environmental education, education and public awareness;
(d) exchange of information and experience related to environmental technologies and facilitate their application and exchange;
(e) exchange of information and experience concerning the procedures for the rational use of raw materials and energy;
(f) exchange of information and experience on all waste management issues;
(g) exchange of information and experience concerning the assessment and disposal of old environmental damage;
(h) exchange of information and experience on environmental management issues;
(i) coordination of strategies in the field of international environmental policy.
3. Cooperation in the field of water management at border waters is governed by the Treaty between the Czech Republic and the Federal Republic of Germany on cooperation at border waters in the field of water management of 12 December 1995.
1. The Parties shall cooperate in border zones with particular regard to environmental protection.
2. The focus of cooperation should be to identify, evaluate and mitigate environmental burdens in border zones, as well as to maintain nature and landscape in border zones.
3. The Contracting Parties shall, in agreement, define in the border zones territories requiring special consideration in terms of nature and landscape protection and shall negotiate measures aimed at protecting the environment in those territories.
4. In order to improve the state of the environment in border zones, the Contracting Parties will, in accordance with their environmental policy objectives, promote cross-border cooperation between local authorities and other public authorities, while respecting the national law of the States of the two Contracting Parties.
5. The Contracting Parties shall promote cooperation between the Federal Republic of Germany and the competent authorities of the Czech Republic, in particular in border zones.
1. The Contracting Parties shall take appropriate and effective measures to prevent and mitigate serious harmful effects on the environment beyond national borders.
2. The Contracting Party in whose territory the intended activity is associated with significant harmful effects beyond national borders shall assess the harmful effects of the activity on the environment. In doing so, potential harmful effects on the environment in the sovereign territory of the State of the other Contracting Party will also be examined. It shall inform the other Contracting Party of the intended action as soon as possible and at the latest at the time when it informs its own public; communicate the necessary information to it and offer appropriate consultations.
3. Pending the entry into force of the Convention of 25 February 1991 on Environmental Impact Assessment, both Contracting Parties shall provisionally implement the Convention as far as possible and in accordance with their national law.
1. The Parties shall inform as soon as possible of industrial accidents and other exceptional cases of environmental pollution where there is a concern that such pollution poses a risk to man or the environment in the sovereign territory of the State of the other Contracting Party.
2. If an industrial accident or an exceptional case referred to in paragraph 1 occurs in the sovereign territory of a State of one Contracting Party, that Contracting Party shall, as soon as possible, introduce effective measures to remedy its causes and limit its effects and inform the other Contracting Party thereof.
3. The Contracting Parties shall develop, and cooperate in the elimination of such pollution and its consequences, a two-way warning and information system for industrial accidents and other exceptional cases referred to in paragraph 1, with the participation of national administrations.
4. Other international agreements apply to border waters.
The Parties will cooperate in preventing illegal exports and imports of waste and substances that threaten the environment.
1. A Joint Commission on the Environment will be established to implement this Agreement.
2. Within three months of the entry into force of this Agreement, each Contracting Party shall communicate to the other the Head of its Delegation.
3. The Joint Environment Commission shall meet as required but at least once a year. In the case of important environmental issues relating to both Parties, it shall draw up specific proposals for solutions.
4. The Joint Environment Commission may set up working groups on a case-by-case basis.
Working meetings, expert scientific actions, exchange of experts, educational and training activities, transfer of scientific and technical information and joint projects will be carried out under this Agreement. Representatives of the economy, science and non-governmental environmental organisations may participate in the cooperation.
On the basis of the objectives of this Agreement, the Contracting Parties shall encourage the development and development of contacts and cooperation in the field of environmental protection between local and other public authorities, as well as other institutions, organisations and undertakings within their competence and responsibility.
The authorities responsible for coordinating and organising cooperation under this agreement are on the Czech side of the Ministry of the Environment of the Czech Republic and on the German side of the Federal Ministry of the Environment, Nature Protection and the Safety of Reactor.
1. The Contracting Parties may transmit the results of their cooperation by mutual agreement to third parties. The exchange of information and their transmission to third parties shall take place in compliance with the laws and regulations of the States of the Contracting Parties and the obligations arising from international agreements by which the Contracting Parties are bound.
2. The exchange of information relating to persons and such information subject to corporate and commercial secrecy shall be agreed separately between the Parties.
The Contracting Parties shall always bear their costs arising from the implementation of this Agreement. Different arrangements may be agreed in individual cases.
This Agreement shall be subject to approval in accordance with the national legislation of both Contracting Parties and shall enter into force one month after the date of receipt of the later note of such national approval.
This Agreement shall be concluded for an indefinite period. Each Contracting Party may terminate the Agreement in writing. The Agreement shall expire six months after the date of notification to the other Contracting Party.
This Agreement replaces, in the relationship between the Czech Republic and the Federal Republic of Germany, the Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the Federal Republic of Germany on cooperation in the field of environmental protection of 5 October 1987.
Done at Bonn, 24 October 1996, in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government of the Czech Republic:
Jiří Skalický v. r.
Minister for the Environment
For the Government of the Federal Republic of Germany:
Dr Werner Hoyer v. r.
State Minister,
Ministry of Foreign Affairs
Dr Angela Merkel v. r.
Federal Minister for Environment, Nature Protection and Reactor Safety
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 53 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on cooperation in the field of environmental protection |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.03.1999 |
|---|---|
| Effective from | 02.01.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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