rijk/verdrag/verdrag-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regering-van/BWBV0006996

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen de regering van het Koninkrijk der Nederlanden en de regering van de Franse Republiek inzake de grensafbakening tussen het Koninkrijk der Nederlanden (Sint Maarten) en de Franse Republiek (Saint-Martin)	BWBV0006996	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0006996	Verdrag tussen de regering van het Koninkrijk der Nederlanden en de regering van de Franse Republiek inzake de grensafbakening tussen het Koninkrijk der Nederlanden (Sint Maarten) en de Franse Republiek (Saint-Martin)

Verdrag tussen de regering van het Koninkrijk der Nederlanden en de regering van de Franse Republiek inzake de grensafbakening tussen het Koninkrijk der Nederlanden (Sint Maarten) en de Franse Republiek (Saint-Martin)

Titel 1. GENERAL PROVISIONS

Artikel 1

For the purposes of this Agreement, the terms below are defined as follows:

a) a) “Internal waters”: waters on the landward side of the baseline of the territorial sea. b) b) “Werbata map”: the map published in 1915 by J. Smulders & Co., based on the topographic surveys and work carried out by engineers Werbata and Jonckheer. c) c) “Maritime delimitation agreement”: the Agreement of 6 April 2016 between the government of the Kingdom of the Netherlands and the government of the French Republic on Maritime Delimitations in the Caribbean region.

Artikel 2

The object of this Agreement is to delimit the boundary line between the Kingdom of the Netherlands (Sint Maarten) and the French Republic (Saint-Martin), from the end of the eastern part (point D) to the end of the western part (point C) of the delimitation established in the maritime delimitation agreement.

Titel 2. BOUNDARY LINE

Artikel 3

3.1. The boundary line is determined by the numerical geographical coordinates indicated in Annex A to this Agreement. It runs in a straight (geodesic) line between two successive points.

3.2. Points C and D laid down in the maritime delimitation agreement are set out in Annex A and are linked to the ends of the boundary line defined in the first paragraph of this Article.

3.3. For the maritime boundary, the geographical coordinates of the points established in this Agreement are expressed in the geodetic reference system WGS 84 (World Geodetic System 1984), which in turn is aligned with the ITRS (International Terrestrial Reference System).

3.4. For the land boundary, the geographic coordinates of the points established in this Agreement are expressed in the ITRS (International Terrestrial Reference System).

3.5. The Committee established pursuant to Article 9, taking account of the Werbata map or, in relation to Oyster Pond, the principle of equidistance, may propose modifications to the numerical geographical coordinates set out in Annex A to the Parties. The Parties can, by mutual agreement, approve these proposals in accordance with the procedure laid down in Article 16.

Titel 3. SPECIFIC PROVISIONS FOR OYSTER POND AND SIMPSON BAY LAGOON

Artikel 4

4.1. The waters of Oyster Pond are designated internal waters.

4.2. The right of innocent passage is recognised and guaranteed to all ships, irrespective of nationality.

4.3. The Oyster Pond closing line is defined by a straight (geodesic) line linking the points designated by the geographical coordinates set out in Annex B.

Artikel 5

5.1.

In compliance with the legal and regulatory provisions in force on the territory of the parties concerned, the Parties shall mutually recognise and guarantee to vessels flying their flags in Oyster Pond and Simpson Bay Lagoon:

a) a) access b) b) freedom of navigation c) c) mooring d) d) freedom to conduct artisanal fishing

5.2. Without prejudice to the provisions set out in Article 4, paragraph 2, the provisions established in Article 5, paragraph 1 do not apply to warships of the Parties and other government ships operated by one of the Parties for non-commercial purposes, for which cooperation is governed by separate arrangements or agreements.

Titel 4. DEMARCATION OF, ACCESS TO AND MAINTENANCE OF THE BOUNDARY

Artikel 6

6.1. The demarcation of the boundary established in this Agreement must be specified and maintained in such a manner that the boundary line is clearly determined and can be easily identified along its entire length.

6.2. The demarcation of the land boundary is established by way of physical features (walls or low walls, monuments, rivers, roads, ridge lines, etc.) that exist on the date this Agreement enters into force, described and listed at a later date by the Committee established pursuant to Article 9. This Committee has the power to establish new demarcation features or modify or remove existing ones, if it deems this to be necessary.

6.3. Each of the Parties, within the framework of its statutory, regulatory and administrative provisions, in particular for the part of the demarcation situated on its territory, shall take the necessary measures to ensure the monitoring and maintenance of the boundary demarcation and to prevent and, if necessary, suppress the destruction, deterioration and inappropriate use of physical demarcation features.

6.4. If the Committee established pursuant to Article 9 deems it necessary, a strip of land not exceeding 4 metres in width (2 metres on each side of the boundary) can be kept permanently cleared in order to ensure the boundary can be accessed, monitored and maintained.

6.5. The costs resulting from the demarcation and the maintenance of the boundary shall be shared equally between the Parties. However, when demarcation work is made necessary due to works that are the subject of a concession, the costs related to this work shall be borne by the concession holder.

6.6. The Parties accept that the equipment and materials needed to maintain the boundary shall freely enter into the territory of the other Party, on the understanding that, upon completion of the work, equipment, unused materials and means of transportation shall be returned to the territory of the Party where they originated.

6.7. The maintenance of immovable property belonging to public or private entities other than the Parties (such as monuments, walls, low walls and other artificial structures) retained as territorial demarcation features by the Parties remains the responsibility of the current owners of the immovable property. The owners are required to restore the aforementioned property to or keep it in a good state of repair, respect any technical requirements laid down by the Committee established pursuant to Article 9, grant competent agents of the Parties continued access to the demarcation features and the routes to access them, including by way of clearing them when the Committee established pursuant to Article 9 deems this necessary, and participate in or be represented during visits to the aforementioned features when required to do so by the competent agents. In the event of failure to comply, each Party can act on behalf of the owners in question and recover from them the costs incurred in so doing.

6.8. The provisions set out in paragraph 7 do not extend to new demarcation features that the Committee established pursuant to Article 9 may determine after this Agreement enters into force.

6.9. New physical demarcation features placed along the axis of the boundary are the joint property of both Parties. Other new physical demarcation features remain the property of the Party on whose territory they are located.

Artikel 7

7.1. The Parties shall guarantee free access to thoroughfares, roads and paths that run along the boundary line.

7.2. Without prejudice to paragraph 1 of this Article, agents carrying out a service of general interest shall have right of access if access to the boundary requires the use of a private thoroughfare.

Artikel 8

8.1. No new structures can be erected within 2 metres of either side of the boundary. Along watercourses and paths forming the boundary, this distance is measured from the banks and edges thereof.

8.2. The Parties can, by mutual agreement in the framework of the Committee established pursuant to Article 9, consent to derogations from the provisions set out in paragraph 1 of this Article in order to take account of special circumstances at the boundary, on condition that the authorised structures do not prevent access to or the maintenance or monitoring of the boundary.

8.3. The provisions set out in paragraph 1 of this Article do not apply to structures dedicated to official services of one of the Parties or public works that it has authorised.

8.4. Existing structures built in accordance with the conditions provided by the applicable regulations in the territory of each of the Parties shall be tolerated in accordance with acquired rights. If these structures are demolished or modified, their reconstruction or modification shall be authorised only if it is in conformity with the provisions set out in this Article, in accordance with the legislation and regulations of the Party concerned. The same applies to structures in a state of ruin.

Artikel 9

9.1. In order to enable the implementation of this Agreement, a joint boundary monitoring and maintenance committee (“the Committee”) shall be established upon entry into force of this Agreement.

9.2. The Committee shall comprise three representatives of the Parties.

9.3. Each delegation can appoint the experts it deems necessary.

9.4. Each Party shall be responsible for covering the costs of its delegation to the Committee.

9.5. The Committee shall meet alternately in the Kingdom of the Netherlands and the French Republic, with the host Party acting as chair. The Committee shall meet at the request of either delegation, at least once a year.

9.6. The Committee shall take decisions unanimously. Issues on which no agreement can be reached within the Committee shall be submitted for consideration to the respective foreign ministries of the Parties, in order for them to endeavour to resolve these issues by mutual agreement.

9.7. The Committee may adopt its own rules of procedure.

9.8.

The Committee shall be tasked with the following:

a) a) Proposing modifications to Annex A in accordance with Article 3, paragraph 5. b) b) Establishing and updating a distribution plan for boundary maintenance and demarcation work, and ensuring the implementation thereof. c) c) Adopting all the measures necessary to ensure that documentation relating to the position of physical demarcation features and the description and realisation of the boundary line is drawn up without delay, in particular in the zones where this is lacking, and ensuring this documentation is kept up to date. d) d) Reviewing the reports provided for by Article 10, paragraph 7 and taking the appropriate measures in accordance with its remit. e) e) Addressing any difficulties which could result from the application of the provisions of this Agreement and proposing measures to the Parties in order to resolve these difficulties.

9.9. The meetings of the Committee shall be the subject of official reports, done in two originals, one in French and one in English, intended for the Parties.

Artikel 10

10.1. The maintenance, manufacture, installation, monitoring and replacement of physical demarcation features created by each of the Parties under this Agreement are assigned to a competent agent appointed by the respective Party.

10.2. The Parties shall share the names of their competent agents with one another.

10.3. The competent agents can, with a view to the implementation of this Agreement, freely cross the boundary, provided they carry an identity document recognised by both States.

10.4. The competent agents shall, during a joint inspection, draw up a summary of the work to be carried out in order to maintain or replace physical demarcation features; this summary must include an estimate of the costs relating to this work.

10.5. The competent agents shall, following agreement from the Committee referred to in Article 9, arrange for the execution of the works that are the responsibility of the Party under whose authority they fall or that that Party must carry out on behalf of the other Party. However, in exceptional circumstances, for work of a clearly urgent nature, the competent agents can, on their own initiative, take the necessary precautionary measures, provided that they inform the Committee of this as soon as possible.

10.6. The competent agents shall draw up an annual report on the work carried out to maintain or replace physical demarcation features; this report must set out the costs that relate to the work done.

10.7. Activities provided for in this Article shall be the subject of a report, done in two originals, one in French and one in English, signed by the competent agents of the Parties. This report shall be addressed to the Committee established pursuant to Article 9 and to the Parties.

Titel 5. EFFECTS OF THE DELIMITATION ON SITUATIONS CREATED PRIOR TO THIS AGREEMENT

Artikel 11

11.1. The Parties shall guarantee to uphold rights acquired by natural and legal persons directly affected by the boundary delimitation, in accordance with the legal and regulatory provisions in force in the territory of the Parties concerned.

11.2. Properties, temporary occupancies or other particulars that are to be recorded in one or the other of the Parties' mortgage registers, land registers or other registers must, pursuant to the provisions of this Agreement, be registered with the competent authority within a period of two years following the entry into force of this Agreement.

11.3. Where appropriate, property shall be recorded in mortgage registers, land registers or other registers of the competent authority and removed from registers of the other Party.

11.4. The activities of natural and legal persons directly affected by the boundary delimitation can be continued in accordance with the legal and regulatory provisions in force in the territory of the Parties concerned.

Artikel 12

12.1. In the twelve months following the entry into force of this Agreement, each of the Parties shall regularise, in so far as possible, the situations of natural and legal persons affected by this Agreement, and the administrative issues connected to the delimitation implemented under Article 3 of this Agreement.

12.2. Each of the Parties can refer any issue or situation under this article to the Committee established pursuant to Article 9.

Titel 6. CROSS-BORDER COOPERATION

Artikel 13

13.1. The Parties recognise the need to conclude, in a cross-border framework agreement, cross-border cooperation arrangements in areas of common interest.

13.2. The Parties shall promote mechanisms that facilitate cross-border cooperation, in particular at local level.

Titel 7. FINAL PROVISIONS

Artikel 14

Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled peacefully by consultation and negotiation, in accordance with international law.

Artikel 15

This Agreement can be amended at any time by mutual written agreement between the Parties. Without prejudice to Article 16, any amendment shall enter into force in accordance with the provisions laid down in Article 17.

Artikel 16

16.1. Annexes A and B form an integral part of this Agreement.

16.2. Annexes A and B to this Agreement can be modified by mutual agreement between the Parties through an exchange of diplomatic notes.

16.3. The boundary line determined in accordance with this Agreement is drawn by way of illustration on the map in Annex C of this Agreement.

16.4. For the purposes of the application of Article 3, paragraph 5, a certified copy of the Werbata map is appended to this Agreement as Annex D.

Artikel 17

Each Party shall notify the other of the completion of its domestic procedures necessary for this Agreement to enter into force. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last notification.