Decree of the Minister for Foreign Affairs No. 63 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on Water Affairs at Frontier Water
Valid
Effective from 07.02.1969
63
DECLARATION
Minister for Foreign Affairs
of 10 March 1969
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on Water Affairs at Border Water
On 26 November 1968, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on Water Affairs at the Borders was signed in Bratislava.
Pursuant to its Article 18 (2), the Agreement entered into force on 7 February 1969.
The Slovak version of the Agreement is published at the same time *)
Minister:
Ing. Marko v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on water economic issues on border waters
Government of the Czechoslovak Socialist Republic and Government of the Union of Soviet Socialist Republics
Desiring to organise, in the spirit of cooperatives and brotherly cooperation, issues of water management at border waters
taking into account the mutual benefit resulting from cooperation in this field
have decided to conclude this Agreement and to that end have appointed their agents, namely:
Government of the Czechoslovak Socialist Republic
Dr Ján Kraichi
Government of the Union of Soviet Socialist Republics
Ivana Ivanovich Borodavchenko,
who, by exchanging their powers of attorney and finding them in good and proper form, have agreed as follows:
Scope of this The Agreement shall apply to border waters:
(a) sections of rivers and other watercourses taking place between the Contracting States
(b) surface and groundwater waters in profiles intersecting national borders.
(1) This Agreement applies to water management measures at border waters which result in a change in the existing water regime, in particular to the adaptation of water flows, the construction of tanks and protective barriers, water management, protection against flooding and the departure of ice, water supply, protection of surface and groundwater against pollution, regulation and comprehensive use of water in the river basin, the operation of hydrotechnical installations and their maintenance in a technically satisfactory condition, protection of flows and adjacent areas against water erosion and other water-related issues (hereinafter referred to as water-based measures).
(2) This Agreement also applies to the effects of water-based measures which will cause changes in the parameters of the water regime in agreed profiles at border waters. These parameters of the water regime shall be determined by the Common Czechoslovak-Soviet Technical Commission established under Article 3 of this Agreement.
(1) Each Contracting Party shall appoint representatives of the Government for the implementation of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on Water Affairs at Frontier Water (hereinafter referred to as the Agent) and its representative.
(2) This Agreement establishes a Joint Czechoslovak-Soviet Technical Commission (hereinafter referred to as the Joint Technical Commission) remaining from agents, their representatives, appointed pursuant to paragraph 1 of Article 3 of this Agreement, and other members appointed by the competent authorities of the Contracting Parties.
(3) The delegate shall be the head of the relevant section of the Joint Technical Commission.
(4) The activities of the Joint Technical Commission are governed by the Statute attached to this Agreement as Annex 1.
(1) The Contracting Parties undertake not to implement, without mutual agreement, any water management measures adversely affecting the water conditions in the national territory of the other Contracting Party.
(2) The Contracting Parties undertake to use and maintain a trough of frontier waters and facilities in their national territory in such a way as to avoid damage to the national territory of the other Contracting Party or to avoid deterioration of the water conditions.
In order to make the most rational use of border waters, the Contracting Parties will consult each other on measures and coordinate plans for the development of water at border waters, assist each other in the implementation of these plans, as well as exchange experience and information in this area.
Each Contracting Party shall have the right to half of the natural amount of water flowing from the border waters at national borders, unless otherwise specified.
(1) The Contracting Parties shall endeavour to maintain the purity of border waters, where appropriate in accordance with their economic and technical possibilities to reduce their pollution by building and renovating cleaning facilities.
(2) The Contracting Parties will systematically monitor the purity of border waters, take water samples together, analyse these samples and consolidate the results of the analyses.
(3) Where emergency pollution occurs in border waters, the competent authorities of the Contracting Party in whose territory the pollution has been created shall report immediately to the competent authorities of the other Contracting Party, promptly implement measures to eliminate sources of pollution and prevent recurrence of pollution.
(1) Each Contracting Party shall maintain in good condition the water facilities and trough of border flows in its national territory in order to avoid changes within the meaning of paragraph 2 of Article 4 of this Agreement. The Contracting Parties shall, by mutual agreement, bring the trough into its original state if changes occur.
(2) The measures referred to in Article 2 of this Agreement which may result in a change in the position of the riverbed of border flows taking place at national borders must be approved in advance by the competent authorities of the Contracting Parties.
(3) In the maintenance of the riverbed of border flows, there shall be no breach of the border features which are intended to focus and indicate the progress of the national borders, nor of their relocation without the prior agreement of the competent authorities of the Contracting Parties.
(4) The border flow corytes will be cleaned in sections agreed by the competent authorities of the Contracting Parties. The costs of cleaning these sections shall be paid equally by the Contracting Parties.
(5) The cleaning of those sections of the trough which are only in the territory of one of the Contracting Parties shall be carried out by that Party on its own account.
(6) When cleaning the trough of the selected soil and rocks, they must be moved from the shores at such a distance and spread so that there is no risk of landslides and pollution of the trough and the water drain during the floods is not difficult.
(1) The Directive for the design of water-based measures at border waters is laid down by the Joint Technical Commission.
(2) Each Party shall develop projects for water management measures to be implemented in its national territory.
(3) Where projects affect the interests of the other Party, they shall be submitted to the Joint Technical Commission for approval.
(1) Each Contracting Party shall, as a general rule, implement water management measures in its national territory itself.
(2) If one Contracting Party wishes to entrust the implementation of water-management measures to the other Contracting Party, such measures must be specifically agreed upon.
(1) Each Contracting Party shall bear the costs of water management measures carried out in its national territory.
(2) If, by mutual agreement in the national territory of a Contracting Party, water management measures are implemented which benefit both Contracting Parties, the Contracting Parties shall contribute to the costs in proportion to the benefit they receive.
(1) Protection against floods and river surveillance is carried out by each Contracting Party in its national territory on its own cargo.
(2) The Contracting Parties undertake to keep on alert the materials and equipment necessary for flood protection, as well as the timely repair of large waters, in an appropriate state and quantity.
(3) At a time of extreme flood risk, the competent authorities of the Contracting Parties shall agree on the extent of assistance at risk to the labour force, mechanisms, means of transport, material and tools as appropriate. The costs associated with this shall be borne by the Contracting Party requesting the assistance.
(4) The competent authorities of the Contracting Parties shall maintain regular links, provide each other with information and jointly negotiate measures to protect the population and property from large waters.
(1) The competent authorities of the Contracting Parties shall communicate regularly to each other the results of the hydrological observations in the waters, as determined by mutual agreement, and the changes in the aquatic conditions in those waters, as well as the results of the flow measurement.
(2) The competent authorities of the Contracting Parties shall provide each other with timely reports on the state of ice at border waters.
(3) The competent authorities of the Contracting Parties shall inform each other without delay of the sudden increase in the level of rivers above the mutually agreed height, as well as of failures or tampering with water parts which suddenly change the water regime or may endanger the national territory of the other Contracting Party.
(1) Persons crossing national borders in the performance of their tasks under this Agreement must be provided with a special pass for crossing national borders (hereinafter referred to as a border card), issued in the languages of both Contracting Parties. The model of the Czechoslovak and Soviet licence is Annex 2 and Annex 3 to this Agreement.
(2) Border passes authorising entry into the territory of the Union of Soviet Socialist Republics are issued by the competent authorities of the Ministry of the Interior of the Czechoslovak Socialist Republic and border cards authorising entry into the territory of the Czechoslovak Socialist Republic by the Ministry of Melioration and Water Management of the Union of Soviet Socialist Republics.
(3) Border cards are issued up to 5 years of age and become valid after being seen by the competent authority of the other Contracting Party.
(4) The competent authorities shall issue border cards authorising their holders to stay on the territory of the other State during both day and night:
(a) up to 5 km from the national border
(b) in the cities of Košice, Prešov, Michalovce, Trebišov, Humenné, Uzhhorod, Mukachevo, Volovák and Veliko Berezne.
(5) Borders holders shall be entitled to cross national borders at and outside border crossing points where necessary in the performance of the tasks arising from this Agreement.
(6) The scope of the authorisations of border card holders referred to in paragraphs 3, 4 and 5 of this Article is indicated on the border card.
(7) Holders of border cards, when crossing national borders outside border crossing points, shall be required to notify the border authorities of their party, no later than 24 hours in advance, of the location, time and purpose of crossing national borders and of the length of stay in the national territory of the other Contracting Party. The border authorities shall immediately inform the border authorities of the other Contracting Party thereof.
(8) Border card holders shall, upon request, submit them for inspection by the border authorities of both Contracting Parties.
(9) The loss of the border pass shall be notified without delay to the competent authority of the Contracting Party that issued the border pass. Where a border card is lost in the national territory of the other Contracting Party, its holder shall notify the nearest border authority thereof.
(10) Border cards shall be returned to the issuing authority without delay after their expiry.
(1) The transport of construction material, means of transport, machinery and working tools from the national territory of one Contracting Party to the national territory of the other Contracting Party for the purpose of carrying out water works within the meaning of paragraph 2 of Article 10 and paragraph 3 of Article 12 shall be exempt from all customs duties. Transported means of transport, machinery and tools must be transported to the national territory of the Contracting Party which provided them after the completion of the work.
(2) Customs relief for persons working in the territory of the other State shall be granted on the basis of national rules or contracts which are binding on both Contracting Parties.
Disputes concerning the interpretation or implementation of this Agreement shall be addressed by the Joint Technical Commission. If the Joint Technical Commission does not remove them, the discrepancies shall be submitted to the management of the central water authorities of the Contracting Parties. If no agreement has been reached between them, the decision shall be submitted to the Contracting Parties.
On the date of entry into force of this Agreement, the Convention between the Government of the Czechoslovak Republic and the Government of the Union of Soviet Socialist Republics on measures to regulate the water regime of the rivers Latorice and Uhu, signed on 28 April 1955 in Uzhhorod, is no longer in force.
(1) This deal will last for ten years. If one of the Contracting Parties to the Agreement does not terminate the Agreement at least one year before its expiry or if it does not show its willingness to make amendments to it, the Agreement shall automatically be extended for a further 10 years under such notice conditions.
(2) This Agreement is subject to approval in accordance with the national provisions of both Parties and enters into force on the date of the exchange of notes concerning such approval.
Written in Bratislava on 26 November 1968 in two copies in Slovak and Russian languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
J. Landscapes v. r.
For the Government
The Union of Soviet Socialist Republics:
I. I. Borodavčenko v. r.
Příloha č. 1
Annex No 1
STATUT
Joint Technical Commission
The Joint Technical Commission will discuss the issues referred to in Article 2 of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on water issues at border waters.
(1) During the period between meetings of the Joint Technical Commission, practical solutions to the issues arising from the Agreement and its decisions shall be provided by agents and their representatives. To this end, they shall maintain direct contact with each other, organise meetings of experts to examine individual issues, discuss normal issues and inform the Joint Technical Commission at the next meeting.
(2) The agents or their representatives shall jointly carry out periodic inspections of the protection barriers and other water-management facilities at border waters, organise the arrangements for the release of large waters and the reporting service foreseen by the Agreement.
(3) The agents shall be entitled to agree on the means of cooperation in the performance of the various activities resulting from the implementation of the Agreement.
(1) The Joint Technical Commission shall, as a general rule, meet on an annual basis. Authors may agree to convene an extraordinary meeting. At the request of one agent, such a meeting shall be convened within one month at the latest.
(2) Unless otherwise agreed, meetings of the Joint Technical Commission shall take place alternately in the national territory of the Contracting Parties.
(3) Meetings shall be convened and headed by the agent of the Contracting Party in whose territory the meeting is to be held.
(4) The agenda shall be established by the agents before the meeting. The agenda may be amended by mutual agreement at a meeting.
(5) Authors may invite experts to meetings of the Joint Technical Commission as appropriate.
(1) The Joint Technical Commission shall establish its rules of procedure.
(2) Negotiations shall be held in the languages of the Contracting Parties.
(3) A protocol signed by agents shall be drawn up for each meeting of the Joint Technical Commission. The Protocol shall be drawn up in two copies in the language of each Contracting Party, the two texts being equally authentic.
Protocols for meetings of the Joint Technical Commission shall be approved by the competent authorities of the Contracting Parties. The Protocols shall take effect on the date on which the agents inform each other in writing of their approval.
Příloha č. 2
Annex No 2
BORROWING TRADE authorising the crossing of Soviet-Czechoslovak state borders
Příloha č. 3
Annex No 3
Model BIP
*) Here is a Czech translation of the above mentioned Agreement.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 63 / 1969 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on Water Affairs at Frontier Water |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.1969 |
|---|---|
| Effective from | 07.02.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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