The German Border and the Work of the Boundary Commission Herbert Wilmes Federal Agency for Cartography and Geodesy Bundesamt für Kartographie und Geodäsie – BKG Germany Workshop on Border Demarcation and Management Ozerny, Belarus, 2-3 March 2010 Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Introduction
“Schütze Dich nicht durch einen Zaun, sondern lieber durch Freunde” “Rather protect yourself by friends than by a fence” Roman Herzog (German Federal President 1994-1999)
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
§ Introduction of speaker: § Herbert Wilmes • Education: Geodesy, PhD, Graduate Civil Servant • Member of mixed boundary commissions with the German neighbouring states • Section Head at the: Federal Agency for Cartography and Geodesy Frankfurt/Main, Germany
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Federal Agency for Cartography and Geodesy
Main tasks:
www.bkg.bund.de
• Geo-spatial reference systems and basic geoinformation • Development and use of necessary techniques • Geodesy and Geo-Information at international level
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Outline of Talk
ยง Germany and its neighbouring states ยง Responsibilities in the Federal State and the boundaries ยง Boundary Commission and boundary documentation ยง Archives of the boundary treaties ยง New developments and the influence of the European Union
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
General Information
In a classical definition the state consists of • a state territory, • a state people, • and the state authority to enforce its regulations. The territory ends at the border – a line on the earth surface which is understood to be continued in vertical direction into the airspace and into the earth interior. General tasks of the state are • to determine the border geometry, • to mark the border line in the physical world, • to specify the border in legal documents and • to ensure the border visibility. Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
General Information § Germany’s location in Europe
Germany has 82,4 Million inhabitants on an 2
area of 357.000 km
Europe comprises 700 Million inhabitants and an 2
area of 10.180.000 km
At present the European Union consists of 27 countries with 500 Million inhabitants Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
General Information
Neighbouring state Denmark Netherlands Belgium Luxembourg France Switzerland (incl. enclave of B端singen, excl.
Length of border in km 67 567 156 135 448 316
Upper Lake of the Lake of Constance)
Austria (excl. Lake of Constance) Czech Republic Poland Total length of borders
815 811 442 3 757 Status December 2003
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Administrative structure in Germany
Federal government “Länder” authorities
Municipalities
(Wikipedia.de)
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Responsibilities
Administrative responsibilities (defined in the constitution “Grundgesetz” after World War II) § Federal Republic of Germany: § External borders § “Länder” (provinces), (10 with international boundaries) responsible for land surveying, cadastre, and geo-information
§ Federal government engages the “Länder” to § Survey the border line § Mark the boundary § Prepare the documents § Maintain the border visibility and correct deficiencies § Federal government pays for carrying out of these tasks Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
International treaties Major elements for a peaceful cohabitation of neighbouring states § Acknowledgement of the common boundaries § Cooperative maintenance of the physical boundary line § Documents which certify and fix the border line § Mutual checks of the border line and markers § Collaboration and cooperative exchange of ideas § Legal realisation in treaties under international law § Transfer of the treaty into the legal framework of the state: law treaty which has to pass the federal parliament (Bundestag) and needs to be accepted by the second chamber of parliament (Bundesrat) § Signing by the Federal President § Ratification
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders
The treaties with the neighbouring states include the setting up of mixed boundary commissions with two national delegations § Representatives in the German delegation: § § § § §
Foreign Office (1), usually the delegation leader Ministry of Interior (1) Federal Agency for Cartography and Geodesy (1) Länder (up to 4) Additional experts (if necessary) – non-members
Austrian and German delegations
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders State
Boundary Boundary Boundary documentation Boundary treaty Commission geometry defined in documents or Technical Commission
Denmark Netherlands Belgium France Luxembourg Switzerland (incl. B체singen) Austria Czech Republic Poland
yes yes yes yes yes yes 1)
yes yes yes yes yes yes 1)
yes yes yes yes yes yes
yes 2) yes 2) yes 2) yes 2) yes 2) yes 2)
yes 1) yes
yes 1) yes
yes yes
yes 3) yes 3)
yes
yes
yes
Treaty in preparation 3)
1) 2) 3)
excluding Lake Constance on the level of the L채nder on the level of the Federal State Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders § Meetings of the Boundary Commission in regular intervals (usually annually) § Tasks: § Setting up Technical Groups responsible for the field works § Controlling and approving the planning and results of the field work § Communicating about changes and tasks at the boundary line § Preparing new treaties where necessary § The boundary commission is not entitled to change the boundary line
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders
Boundary documentation ยง Description of the state boundary (in tabular form) ยง Overview map(s), scales 1:25.000 to 1:250.000 ยง Boundary map(s) (classical or ortho-photo maps), scales 1:1.000 to 1:10.000 ยง Catalogue of coordinates (in one common or in two national reference systems) The treaty splits up the boundary into sections and specifies details. > Practical realisation differs from country to country > Measurement sketches and protocols are not usually part of the boundary documentation
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders Example: boundary documents Germany – The Netherlands
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders Example: boundary documents Germany – The Netherlands
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders Example: boundary documents Germany – Austria
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices at the international borders Example: boundary documents Germany – Austria
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Archival of boundary treaties
§ Collection of the treaties and related documents § All treaties and the boundary documentation are kept in the “Political Archive and Historical Service” of the Foreign Office
§ Copies of the Boundary Documentation are available at the surveying offices and the Federal Ministry of Interior and the Federal Agency for Cartography and Geodesy
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Archival of boundary treaties
§ Collection of the treaties and related documents
§ After ratification the treaties are registered at the UN secretariat (Article 102 of the UN charter), “United Nations Treaty Collection” http://treaties.un.org/ Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Further valuable web pages
ยง International Court of Justice
ยง Principal judical organ of the United Nations http://www.icj-cij.org/court/ Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Further valuable web pages
ยง United Nations Secretariat
ยง http://www.un.org/en/mainbodies/secretariat/ Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Revision and maintenance of the border ยง Inspection of the borders in regular intervals (e.g.
10 years)
ยง Results checked under technical and formal aspects, acceptance by the Boundary Commission
New publication which complements the existing Boundary Documentation Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Boundary changes § Boundary changes may become necessary due for example to § new roads crossing the border § ecological maintenance of rivers § Contracts prepared by the boundary commission § Coordination with all related administrations in both countries § Realisation in treaties under international law
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Boundary changes Example maps after changes at the motorway boundary crossing
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Boundary changes Example maps after changes at the motorway boundary crossing
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Cooperation with the Boundary Water Commissions ยง Responsibility: Federal Ministry for the Environment, Nature Conservation and Nuclear Safety ยง Several international commissions related to the protection of the rivers Rhine, Moselle and Saar, Maas, Elbe, Oder and Danube ยง Boundary Water Commissions between Germany, Austria, The Netherlands, Poland and the Czech Republic ยง Cooperation between the Boundary Commissions and related water commissions in all necessary cases
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Practices in cases of disagreement Examples for disputed boundaries: ¢ Netherlands: Ems-Dollard region ¢ Austria and Switzerland: Lake Konstanz (Bodensee) ¢ Denmark: in an area north of Sylt and in one “Förde” ¢ Luxembourg: certain bodies of water forming a condominium (common territory) Reasons: § Old contradictive legal basis and different interpretations (legal documents back to the 17th century) § Extension of responsibility due to new legal responsibilities (extension from 3mile coastal zone to 12- mile zone in the 1970ies to 1980ies) Solution: § Conciliation of both points of view § Elaboration of separate agreements which enable economic and cooperation (e.g. Ems-Dollart treaty: Germany / The Netherlands) Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
The European Union and new developments
ยง Neighbour countries growing together ยง Three-country-boundary-stone underlining cooperation and good neighbourhood
Artist-crafted boundary-marker with emblems for Austria, Czech Republic and Germany Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
The European Union and new developments
ยง Neighbour countries growing together ยง Hiking and cycling trails crossing the border between Germany and Czech Republic
Publication of a flyer in printed version and as internet publication with the border crossings and border crossing trails
http://www.stmwivt.bayern.de/landesentwicklung/grenze/index.htm
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
The European Union and new developments ¢ Hiking and cycling trails crossing the border between Germany and Czech Republic
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
New technical and organisational developments § GPS technology enables cm-positioning in the Unified European Reference System “ETRS89” based upon ITRF (International Terrestrial Reference Frame)
§ Geo-Information moves to digital maps and digital cadastre database “Geo-Data Infrastructure of Germany” § Germany decided to transfer all Geo-Information products to digital representation in ETRS89 within the next years § Reference points § Terrain and landscape models, topographic map products § Cadastre and boundary points
§ Careful transformation to avoid discrepancies § The EuroBoundaries project aims at a unified digital representation with highest accuracy at the European level
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
GPS and Geo-Information ยง ETRS89 coordinates Example: revision of the border between Germany and the Czech Republic
New boundary documentation refers to one common geodetic reference system ยง Modern GPS survey techniques enable cm accuracies in one European coordinate system ยง New coordinates replace former representations ยง
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
New developments and influences by the European Union
Neighbour countries § grow together, § Match and agree about planning and § harmonise their legal regulations
Example of a newly designed industrial development district “Avantis” in the border area between Germany and The Netherlands: State boundary in red, border points marked with black numbers Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Conclusions § § § § §
Boundary commissions are responsible for maintenance of border geometry, demarcation and visibility The two commissions set up working plans and mutually check the surveying results and updated boundary documentation European unification has decreased the legal, economic and administrative differences Boundary commissions meet in constructive cooperation and mutual trust The surveying groups of both sides make use of precise surveying technologies (Global Navigation Satellite Systems - GNSS, and precise geodetic reference systems) and make use of modern geo-information products like aero-photogrammetry and ortho-photo maps for the boundary documentation
Literature example about the experiences with the German boundaries during history : Daniel-Erasmus Kahn: Die Deutschen Staatsgrenzen. Rechtshistorische Grundlagen und offene Rechtsfragen, Mohr-Siebeck Verlag Tübingen, 2004
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010
Thank you for your attention
www.bkg.bund.de
Workshop on Border Demarcation Management, Ozerny, Belarus, 2-3 March 2010