Decree of the Minister for Foreign Affairs No. 95 / 1975 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on common national borders
Valid
Effective from 24.06.1975
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95
DECLARATION
Minister for Foreign Affairs
of 26 June 1975
on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on common national borders
On 21 December 1973 the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on common national borders was signed in Vienna.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 25 April 1975.
Pursuant to Article 50 thereof, the Treaty entered into force on 24 June 1975.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Republic of Austria on common national borders
Czechoslovak Socialist Republic
and
the Republic of Austria,
Wishing to maintain clear national borders between the two States in the future and to adapt the issues related thereto, they agreed to conclude a contract for this purpose.
They appointed:
President of the Czechoslovak Socialist Republic
Dr Karl Komarka,
special envoy and authorised minister of the Czechoslovak Socialist Republic in the Republic of Austria,
Federal President of the Republic of Austria
Dr Rudolf Kirchschläger,
Federal Minister for Foreign Affairs of the Republic of Austria,
who, after exchanging their full powers which have been found to be in good and proper form, have agreed as follows:
Progress of national borders
(1) The course of the national borders between the Czechoslovak Socialist Republic and the Republic of Austria from the three-state border point of the Contracting States and the German Federal Republic to border point XI is determined, except for the parts of the national borders provided for in Article 2, by the resolutions which the Borders Commission made on the basis of
Article 27 (6) and Articles 29, 30 and 35 of the peace agreement signed at Saint-Germain-en-Laye on 10 September 1919, and
Part II of the Convention between the Republic of Czechoslovakia and the Republic of Austria on the management of the Austrian-Czechoslovak border and certain related issues concluded in Prague on 10 March 1921.
This process of state borders is confirmed by Article 5 of the State Treaty of 15 May 1955 on the restoration of an independent and democratic Austria as it stands on 1 January 1938.
(2) On the basis of the above provisions of the peace treaty signed in Saint-Germain-en-Laye and the Resolution of the Borders Commission, the part of the national borders referred to in paragraph 1, where it has been established by the Borders Commission, is immobile, that is to say, that it is definitively determined, regardless of later changes to the midpoint of those water flows.
(1) By way of derogation from the provisions of Article 1, this Treaty specifies the operation of national borders
1. in border section VI (Article 10) from the pair of border signs 0 / 1, 0 / 2 beyond border point VI / 6 to border sign 4 beyond border point VI / 6 (Czechoslovak municipality Staňkov, district Jindřichova Hradec, on the one hand and Austrian municipality Litschau, political district Gmünd, on the other hand) - Annex 1;
2. in border section VI from a pair of border signs 0 / 1, 0 / 2 beyond border point VI / 72 to border sign 6 beyond border point VI / 72 (Czechoslovak municipality Koštálkov, district Jindřichův Hradec, on the one hand and Austrian municipality Kautzen, political district Waidhofen an der Thaya, on the other hand) - Annex 2;
3. in border section VII from border sign VII / 42 to a pair of border signs 1a, 1b beyond border sign VII / 43 (Czechoslovak municipality Vratenín, district Znojmo, on the one hand and Austrian municipality Rabesreit, political district Waidhofen an der Thaya and Austrian municipality Drosendorf-Zissdorf, political district Horn, on the other hand) - Annex 3;
4. in border section IX, from border point 8, from border point IX / 31 to border sign 2, from border point IX / 33 and from border point 2, from border point IX / 34 to border point 0 / 10, from border point IX / 34 (Czechoslovak municipality Hrabětice, Znojmo district, on the one hand and the Austrian municipality Neudorf bei Staatz and Wildendürnbach, political district Mistelbach, on the other hand) - Annex 4;
5. in border section IX, from border sign 4 to border point IX / 69 to border point IX / 70 and from border sign 0 / 3 to border point IX / 71 to border point IX / 72 (Czechoslovak municipality Mikulov, district Breclav, on the one hand and Austrian municipality Drasenhofen, political district Mistelbach, on the other hand) - Annex 5;
6. in border section X from border point X to border point 4 from border point X (Czechoslovak municipality Sedlec, district Břeclav, on the one hand and Austrian municipality Drasenhofen, political district Mistelbach, on the other hand) - Annex 6.
(2) Annexes 1, 2, 3, 5 and 6 contain each detailed description of the national borders, the national border plan of the scale 1: 2880, the field sketches of the scale 1: 500 or 1: 1000 and the list of polygon points coordinates. Annex 4 contains a detailed description of the national borders, a 1: 2880 scale national border plan and a list of polygon points coordinates.
(3) The subsequent changes in the location of the border streams and of the border trenches listed in Annexes 1 to 6 shall have no effect on the progress of the national borders.
(1) From border point XI, national borders take place in a line defined by this border point and the border sign XI CS to the intersection of this line with the centre line of the river Dyje. In addition, they follow the river Dyje downstream to the river Morava to the centre line of the river Dyje to the intersection of the centre line of the river Dyje with a straight line which is determined by the positions of boundary markers XI / 6 / 1 and XI / 6 / 2, given at the time of signature of this Treaty and shown in the national border plan of the scale 1: 5000 (Annex 7) and on the border map 1: 10000 (Annex 8).
(2) Where the national borders are determined by the centre line of the river Dyje, they are variable, that is to say, they monitor the centre line with gradual natural changes in the position of the river. In the case of artificial changes in the position of the river, the national boundaries shall follow the centre line only as long as the centre line does not deviate from the border line in force immediately before the construction begins by more than one quarter of the riverbed width for medium water. Under the notion of such artificial changes, the Contracting States refer only to the construction measures that will take place under the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of water management issues at border waters of 7 December 1967. In the same part of the national border, the border line may be changed only once by such construction measures.
(3) The Contracting States shall mean, under the terms of the centre line of the river Dyje, a continuous and continuously running line which, if allowed by its continuous smooth operation, is equally distant from both edges of the riverbed for medium water. The edges of the riverbed for the middle water are the lines of wetting the banks of the river - at the islands the lines of wetting the banks of the main arm - at the middle water. The medium water is given by a flow rate of 45 m3 / s, measured in the water profile of Bernhardsthal. The main arm is considered to be the shoulder of the river, which shows a greater flow at medium water.
(4) The Dyje River Centre referred to in paragraph 3, given at the time of signature of this Treaty, is presented in a 1: 5000 scale national border plan (Annex 7).
(1) From the intersection described in the second sentence of Article 3 (1), the national borders shall take place directly to the intersection of the centre line of the river Moravia with a line which determines the positions of the border markers XI / 6 / 1 and XI / 6 / 3 given at the time of signature of this Treaty and shown in the national border plan of the scale 1: 5000 (Annex 7) and in the border map 1: 10000 (Annex 8). From this point of intersection, they follow the national borders to the introduction of the river Moravia into the river Danube in the downstream direction of the river Moravia to the intersection of the centre line of the river Moravia with a straight line, determined by the location of a pair of border signs XI / 32 given at the time of signature of this Treaty and shown in the border map of the scale 1: 10000 (Annex 8) and in the national border plans of the scale 1: 2500 (Annexes 9 and 10).
(2) Where the national borders are determined by the centre line of the river Moravia, they are mobile, that is to say, they follow the centre line with gradual natural changes in the location of the river. In the case of artificial changes in the position of the river, the national borders shall only monitor the centre line until the centre line deviates from the border line in force immediately before the construction begins by more than one quarter of the width of the riverbed for medium water. Under the notion of such artificial changes, the Contracting States refer only to the construction measures that will take place under the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of water management issues at border waters of 7 December 1967. In the same part of the national border, the border line may be changed only once by such construction measures.
(3) Under the concept of the Morava River centre line, the Contracting States understand a continuous and continuous line, which, if allowed by its continuous smooth operation, is equally distant from both edges of the riverbed for medium water. In the case of a regulated bank, the course of the guiding edge of the crown of the shore fortification bed or of the guide structure (hereinafter "berma '), if there is no continuous berma, shall apply the thought continuous link between adjacent Berma. In the case of an unregulated bank, the wet water line of the bank at the water level corresponding to the amount of the opposite Berma, if the opposite Berma does not exist, shall be that derived from the adjacent berm.
(4) The centre of the river Moravia referred to in paragraph 3, given at the time of signature of this Treaty, is shown on the border map of the scale of 1: 10000 (Annex 8) and, moreover, for part of the state border, from a pair of border signs XI / 19 to the introduction of the river Moravia into the river Danube by a national border plan of 1: 2500 (Annex 9).
(1) From the intersection described in the second sentence of Article 4 (1), the national boundaries shall take place straight ahead to the intersection between the centreline of the main river Danube bed with a straight line which determines the positions of the boundary characters XI / 32 CS and P 1 given at the time of signature of this Treaty and shown in the border map of the scale 1: 10000 (Annex 8) and in the national border plans of the scale 1: 2500 (Annexes 9 and 10). From this point of intersection, national borders shall monitor the centreline of the Danube river main cruising trough (Article 6) to the intersection of this centreline with a line identified by the border sign XI / 33 and border point XII. It then takes place in this line to border point XII.
(2) Where the national borders are determined by the centre line of the Danube river's main navigation trough, they are variable, that is to say, that they monitor this centreline with gradual natural changes to the main navigation trough. In the case of artificial changes to the main riverbed, the national boundaries shall only be monitored by the centre line as long as the centre line does not deviate more than 100 m from the border line which is detected in accordance with Article 25 before the construction starts and is shown at the scale of 1: 2500 and remains within the edges of the banks of the river Danube given at the time of signature of this Treaty and shown in the national border plan of the scale 1: 2500 (Annex 10). Under the notion of such artificial changes, the Contracting States refer only to the construction measures that will take place under the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of water management issues at border waters of 7 December 1967.
(3) The Contracting States shall mean, under the terms of the centreline of the Danube river's main vortex, a continuous and continuously running line consisting of lines and circular arches, preferably the same distance from both lines bordering the main vortex. The radii of the circular arcs shall not be selected, preferably, less than 800 m.
(4) The centre of the Danube river main riverbed referred to in paragraph 3, given at the time of signature of this Treaty, is shown in the 1: 2500 scale of the national border plan (Annex 10).
(1) The Contracting States shall, under the term "main navigational trough" referred to in Article 5, mean the part of the river at least 100 m wide, bounded by continuous lines and used by large-scale navigation with small water, which has a "étiage navigable" (navigation small water) detected by the last Danube Commission, a continuous minimum navigation depth of 2,50 m.
(2) Where the declared minimum navigational depth is 2,50 m only in a width of less than 100 m or does not occur at all, the main navigational trough shall be the part of the river used by large-scale navigation on small water and enclosed by continuous lines which, when navigating small water (paragraph 1), have the greatest depth in a width of 100 m.
(3) At the transitions from the parts of the main navigating trough referred to in paragraph 1 to the part of the main navigating trough referred to in paragraph 2, or vice versa, the main navigating trough shall be found by connecting the boundary lines of the crossings in a continuous and continuous manner. These crossings shall be placed in the parts of the main vortex referred to in paragraph 1 and shall not exceed 300 m.
From border point XII to border point XII / 14, the course of the national borders shall be determined by the resolutions of the Borders Commission referred to in Article 1 (1), from 1920 to 1923 on the basis of Article 27 (6) and Article 29, 30 and 35 of the Peace Agreement signed in Saint-Germain-en-Laye on 10 September 1919 and confirmed by Article 5 of the State Treaty of 15 May 1955 on the renewal of Austria, independent and democratic, as of 1 January 1938.
From border point XII / 14 to the three-state border point of the Contracting States and the People's Republic of Hungary, the operation of the State border is determined by the resolutions made on this in 1922 on the basis of Article 27 (5) and Articles 29, 30 and 35 of the peace agreement signed in Saint-Germain-en-Laye on 10 September 1919 and confirmed by Article 5 of the State Treaty of 15 May 1955 on the renewal of independent and democratic Austria as of 1 January 1938.
State borders line the sovereign territories of the 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 in particular to the operation of national borders in above and underground facilities of all kinds.
National borders continue to be divided into border sections I to XII established by the Borders Committee referred to in Article 1 (1). The part of the national borders referred to in Article 8, by which the Czechoslovak-Austrian national borders were extended as a result of the adjustments made to the national borders between Czechoslovakia and Hungary pursuant to Article 1 (4) (c) of the peace treaty with Hungary signed in Paris on 10 February 1947, is included in border section XII.
(1) The national borders are usually marked directly in the parts where local situations allow it, which are the boundary features of the border line. All other parts are marked indirectly by boundary characters usually set in duplicate or alternately off the border.
(2) State borders are held between directly marked border points in mathematical lines which are usually straight or broken.
(3) State borders take place between indirectly marked border points in mathematical or only smooth lines.
The national borders between the Czechoslovak Socialist Republic and the Republic of Austria are marked by the following boundary features at the time of signing this Treaty:
(a) a round column at the three-state border points of the Contracting States and the German Federal Republic;
(b) the basic border milestones at the beginning of the other border sections;
(c) the main, intermediate or supplementary border milestones within the border sections, depending on the importance of the border points, wooden stakes in special exceptional cases;
(d) a three-sided needle at the three-state border point of the Contracting States and the People's Republic of Hungary.
Where there are sudden natural changes in the water flows referred to in Articles 1 to 4, the Contracting States shall, within the framework of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the adjustment of water economic issues at the border waters of 7 December 1967, unless the essential water interests or economic reasons prevent this from happening, re-establishing, as far as possible, the centre line of those water flows in a position identical to the border line under this Common State Borders Treaty.
Provisions on the migration of parts of the territory with regard to border flow adjustments
(1) According to Article 4 (1), the parts of the majestic territory of the Czechoslovak Socialist Republic in the area of the divisions of the river Moravia IV, VI, X, XII, XIII, XIV, XV and XVIa, with a total area of 164,80 ha, as shown in the plan on the scale of 1: 2500 (Annex 11) to the sovereign territory of the Republic of Austria. Real estate, including buildings, facilities and stands located in these parts of the territory, is transferred to the Republic of Austria (the Association).
(2) According to Article 4 (1), the parts of the sovereign territory of the Republic of Austria in the area of the divisions of the river Moravia II, III, V, VII, IX, XI, XVI, XVII and XVIII, with a total area of 148,27 ha, as shown in the plan of the scale 1: 2500 (Annex 11) to the sovereign territory of the Czechoslovak Socialist Republic. Real estate, including buildings, facilities and stands located in these parts of the territory, is transferred to the property of the Czechoslovak Socialist Republic.
(1) According to Article 2 (1), the territories of the Republic of Austria are the following parts of the territory of the Czechoslovak Socialist Republic:
in the case referred to in number 1 of the quoted provisions of the Treaty of the part of the territory with a total area of 220 m2, as shown in the plan of 1: 500 scale (Annex 12);
in the case referred to in number 2 of the part of the territory with a total area of 1024 m2, as shown in the 1: 500 scale plan (Annex 13);
in the case referred to in number 3 of the part of the territory with a total area of 2682 m2, as shown in the plan of the scale 1: 1000 (Annex 14);
in the case referred to in number 5 of the part of the territory with a total area of 722 m2, as shown in the plan of the scale 1: 500 (Annex 16);
in the case referred to in number 6 of the part of the territory with a total surface area of 174 m2, as shown in the 1: 500 scale plan (Annex 17).
Real estate, including buildings, facilities and stands located in these parts of the territory, is transferred to the Republic of Austria (the Association).
(2) According to Article 2 (1), the sovereign territory of the Czechoslovak Socialist Republic is the following parts of the sovereign territory of the Republic of Austria:
in the case referred to in number 1 of the quoted provisions of the Treaty of the part of the territory on the total area of 191 m2, as shown in the plan of 1: 500 scale (Annex 12);
in the case referred to in number 2 of the part of the territory with a total area of 1309 m2, as shown in the plan of the scale 1: 500 (Annex 13);
in the case referred to in number 3 of the part of the territory with a total area of 2600 m2, as shown in the plan of the scale 1: 1000 (Annex 14);
in the case referred to in number 4 of the part of the territory with a total area of 165 400 m2, as shown in the plan of the scale 1: 2880 (Annex 15);
in the case referred to in number 5 of the part of the territory with a total surface area of 566 m2, as shown in the 1: 500 scale plan (Annex 16);
in the case referred to in number 6 of the part of the territory with a total area of 56 m2, as shown in the 1: 500 scale plan (Annex 17).
Real estate, including buildings, facilities and stands located in these parts of the territory, is transferred to the property of the Czechoslovak Socialist Republic.
The transfer of ownership referred to in Articles 14 and 15 shall cease, unless otherwise agreed, to any public and private property rights transferred.
(1) Where a transfer of ownership pursuant to Articles 14 and 15 is damaged in its rights to transferred property by a third party, the Contracting State in whose sovereign territory the property is located before the transfer of ownership shall provide such third parties with adequate compensation; third parties may not claim any claims against the contracting State in whose possession the property is transferred.
(2) Before the entry into force of this Treaty, the Contracting States shall abolish all real estate establishments referred to in Articles 14 and 15 and related to national borders, unless they serve to measure and mark national borders.
Measurement and marking of national borders
(1) The Contracting States undertake to ensure that the conduct of the national borders is always clear and secure by measuring and marking national borders.
(2) On the part of the national borders on the river Moravia (Article 4), from the pair of border signs XI / 19 to the introduction of the river Moravia into the river Danube, the border marker distance from the border line of the national border shall be clearly marked on the board at each border sign according to the results of the last focus.
(3) On the part of the state border on the river Danube (Article 5) are the boundary marks of a pair of profile stones mounted on the banks. Each profile stone shall be clearly marked according to the results of the last orientation of its distance from the border line.
(1) The Contracting States shall make available at their expense, regardless of the border sections, the necessary measurement experts for measuring and marking national borders.
(2) In compliance with the provisions of paragraphs 4 and 5 and Article 20, it shall provide at its own expense the necessary material, manpower, vehicles, vessels and tools (machinery, instruments, measuring instruments, etc.).
(a) the Republic of Austria for border sections I, III, IV, VI, X, XII and in border section XI for the right bank of the river Dyje, Moravia and the Danube;
b) Czechoslovak Socialist Republic for border sections II, V, VII, VIII, IX and in border section XI for the left bank of the river Dyje, Moravia and the Danube.
(3) The application of paragraph 2 may be waived by mutual agreement if the reasons for the economy or effectiveness so require. In doing so, it is desirable for both parties to seek compensation for work, performance and material, preferably in kind.
(4) In the future, by building measures at national borders, in particular by regulating watercourses, or by building roads and roads, damaged, destroyed or removed border signs, Contracting States shall, irrespective of the provisions of paragraph 2, take appropriate measures with regard to the provision of materials and necessary labour, vehicles, vessels and tools.
(5) In addition, the Contracting States shall take special measures if, on border section XI, the operation of national borders on bridges or other visible structures situated in water flows is to be assessed or marked. The same shall apply to the measures referred to in Articles 24 and 25.
If a national of one of the two Contracting States has damaged or destroyed the border emblem, that Contracting State shall, irrespective of any liability of the pest or of any other third party, bear any repair or renewal costs. Where a Contracting State which has an obligation to bear costs pursuant to the first sentence provides compensation for the repair or renewal of a border sign, it shall be subject to claims which, for reasons of damage to or destruction of the border sign, belong to the other Contracting State against the pest or to another third party.
The persons referred to in Article 19 (1) and (2) shall not be armed in the sovereign territory of the second Contracting State during their activities under this Treaty and shall only be nationals of the Contracting State which sends them. Where such persons are members of military-organised units, they may carry out this activity in uniform with their constituents.
(1) Notwithstanding the provisions of Article 23, 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 border features shall begin no later than two years after the entry into force of this Treaty.
(1) If there is a need for clarity of the progress of national borders, the Contracting States shall, beyond the regular joint examination of the border features (Article 22), take the measures necessary to focus and indicate the progress of the national borders.
(2) Where a Contracting State declares that a border sign has been moved, the Contracting States shall also examine its location outside the regular joint checks of the border signs and, if necessary, move the border sign to the correct place. The result of the border sign check shall be recorded and, where necessary, a supplementary field sketch (Article 39).
(1) In the case of periodic joint checks on border signs (Article 22), irrespective of the provisions of paragraph 2, it shall be established whether the water flows in or near which a line of national borders has been established have changed since the last joint periodic checks on border signs in their position; where necessary, the entries and supplementary field drawings (Article 39) shall be made thereof.
(2) In the case of a regular joint check of border signs, the main navigation riverbed of the Danube River (Article 6) shall be re-determined on the basis of a survey of the bottom of the riverbed carried out jointly by both Contracting States and shall be shown in a 1: 2500 scale plan. Taking into account the provisions of Article 5 (2), the national border line shall be established jointly and shall be shown in the plan.
(3) Where there is a sudden natural change in the position of the watercourse in or near which a line of national borders has been established, the Contracting States shall, at the request of one of the Contracting States and beyond the regular joint examination of the boundary characteristics, jointly implement the measures referred to in paragraph 1 or paragraph 2.
(4) If, on the basis of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the adjustment of water economic issues at border waters of 7 December 1967 to the adjustment of the water flow in or near which a line of state borders has been established, the Contracting States shall, after the completion of the adjustment, determine whether the adjustment has changed the position of that water flow after the completion of the adjustment and beyond the regular joint examination of the boundary characteristics; where necessary, a record and supplementary field drawings shall be drawn up.
(1) If artificial changes to the centre line of the Dyja River or the Morava River are caused by building measures, they shall be determined together before such measures in the area, based on the measurement of the state border line in force immediately before the construction begins.
(2) If the building measures are caused by artificial changes to the centre line of the Danube river's main navigation trough, it shall be detected again in the area prior to those measures, by scanning the bottom of the river, which shall be carried out jointly by both Contracting States, the centre line of the Danube river's main navigation trough and shall be shown in a 1: 2500 scale plan. Taking into account the provisions of Article 5 (2), the national border line shall be established jointly and shall be shown in the plan.
(1) The shape, dimensions, material, appearance and marking of border signs in the parts of the national borders referred to in Articles 1, 7 and 8 have been established by the Borders Committee. This provision may be derogated from by mutual agreement where appropriate.
(2) The shape, dimensions, material, appearance and marking of the border marks in the parts of the national borders referred to in Articles 2 to 5 may also be amended by mutual agreement where appropriate.
(3) It is also possible, where necessary, to place other border signs, to move endangered border signs to safe places and to modify the direct marking of the border line to indirect or vice versa.
The work under this Treaty, which is linked to the evaluation, shall be carried out under the joint management of the metering experts of both Contracting States.
If a three-state border sign is to be renewed, the Contracting States shall agree with the participating third State.
(1) The Contracting States shall ensure that owners of land and equipment of all kinds which lie at or near national borders, as well as other authorised users of such land or equipment, suffer the necessary work to measure and mark national borders, in particular the establishment or placement of border signs and marks, as well as the transport of the necessary material related thereto. This obligation shall also apply to all natural and legal persons who are entitled to seek or acquire mineral assets. When assessing and marking work at national borders, care must be taken to ensure that public and private interests are investigated as far as possible.
(2) The rights of the persons referred to in paragraph 1 to compensation shall be governed by the law of the Contracting State in whose territory the land or establishment is situated. Claims for compensation against the other Contracting State shall be excluded.
(1) The Contracting States undertake to maintain and, if necessary, establish the stabilisation of the trigonometric and polygon points required to measure the national borders. Furthermore, they undertake, if necessary, to renew the signaling of these points. These points may be used by the persons of the two Contracting States referred to in Article 19 (1) in the assessment work.
(2) The measure referred to in paragraph 1 shall be implemented by the Contracting State in whose territory the trigonometric and polygon points are located; where those points are at the border line, the provisions of Article 19 (2) to (5) shall apply to those measures.
(3) The Contracting States shall provide the Standing Czechoslovak-Austrian Border Commission (Article 35) with the results of the measurements and calculations relating to the points referred to in paragraph 1 for its use.
Protection and maintenance of national borders
The Contracting States shall, by appropriate measures, protect the border features, the measuring marks and other devices used to mark the national borders before they are moved, destroyed, damaged and used in breach of their purpose.
(1) The Contracting States shall ensure that a free strip of a width of 1 m is maintained along the dry part of the border line along their sovereign territory and around each border sign situated outside the border line (indirect marking) of a radius of 1 m, ungrown trees and bushes. This also applies to other crops that degrade the visibility of border signs. However, these provisions shall not apply to protected crops and protected forests.
(2) The right to compensation resulting from the measures implemented under paragraph 1 shall be governed by the law of the Contracting State in whose territory the measures have been implemented. Claims for compensation against the other Contracting State shall be excluded.
(1) No installation may be built on parts of the territory referred to in Article 32. However, this does not apply to facilities serving public service, border handling or national border control, as well as to the lines of any kind which overload national borders at an angle of more than 45 ° and less than 135 °.
(2) If any establishment existing on the date of entry into force of this Treaty is completely desolate, destroyed or cancelled at that time or later, it shall be removed.
(1) No marks of ownership may be placed in the line of state borders. The border of adjacent parcels can only be marked by directories which must be at least 3 m from the state border line.
(2) 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 border, the Contracting States shall jointly establish the necessary measures to ensure the progress of the national border.
Permanent Czechoslovak-Austrian Border Commission
(1) In order to carry out the tasks referred to in Articles 18 and 19, as well as in Articles 22 to 27, a Standing Czechoslovak-Austrian Border Commission (hereinafter referred to as the Commission) is hereby established.
(2) The Commission is composed of a Czechoslovak and Austrian delegation, each of three members. The Contracting States shall appoint the members of their delegations and, if necessary, alternate members. Contracting States may invite experts and auxiliary forces as required.
(3) The Contracting States shall designate one representative of the President from among the members appointed by them by their delegations and from other members or alternates. The Presidents and their representatives shall be entitled to enter into direct contact with each other.
(4) The Contracting States shall bear the costs of the members and alternates appointed by them, including the costs of experts invited by them and auxiliary forces. Other costs incurred in connection with the Commission's activities shall be borne by the Contracting States, unless otherwise agreed, equally.
The Commission shall in particular:
(a) establish a working plan and how to carry out the measurement and marking of national borders and manage and control the implementation of such work;
(b) decide, on the basis of the provisions of Article 19 (3), on exemptions from the provisions of Article 19 (2) and agree, in accordance with Article 19 (4) and (5), on the provision of materials and necessary labour, vehicles, vessels and tools;
(c) lay down guidelines for the measurement and marking of national borders, as well as models of supporting documents for the addition of national border measurement data;
(d) examine and approve the entries and supplementary field sketches drawn up by measuring experts (Article 39 (1));
(e) decide on the measures referred to in Article 26;
(f) keep the records referred to in Article 39 (2).
(1) The Commission is not authorised to change the course of the national borders.
(2) The Commission may, if necessary, submit proposals to the competent authorities of the Contracting States for changes to national borders.
If the Commission finds irregularities in the measurement data approved by the Borders Committee (Article 1 (1) and Article 8) or in Annexes 1 to 10 to this Treaty, it shall clarify those irregularities by taking into account all the supporting documents used to compile the measurement data. If the inconsistencies cannot be clarified only by these supporting documents, on-the-spot findings should also be taken into account.
(1) Any amendment or addition to the designation of the national borders decided on by the Commission and all its findings pursuant to Article 38 shall be made up in duplicate, both in the languages of the Contracting States, and, where necessary, in supplementary field drawings.
(2) The Commission will keep a record of:
(a) the amendments, additions and findings referred to in paragraph 1;
(b) the measures taken pursuant to Article 23 (2), Articles 24 and 25;
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 95 / 1975 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the Common State Borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.1975 |
|---|---|
| Effective from | 24.06.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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