Boundary negotiations 
20 
Hydrographische Nachrichten 
Ems-Dollart estuary 
Did Germany and the Netherlands really agree on 
the disputed boundary recently? 
An article by THOMAS DEHLING 
»Germany and the Netherlands settled a dispute regarding the border in the Ems es 
tuary which endured for centuries. The Ministers of Foreign Affairs Frank-Walter Stein- 
meier and Bert Koenders signed the respective treaty.« This or similar headlines could 
be read in the newspapers in autumn 2014. It gives the impression that finally a bor 
der between the two countries has been agreed upon in that area. In fact, the treaty 
consolidates the contrary. But although both partners agree that they don't agree on 
that boundary, they found another pragmatic solution which fits in the line of treaties 
in the Ems-Dollart area 
and which fixes sub- Ems-Dollart estuary | boundary delineation | UNCLOS | Law of the Sea | talweg | EEZ | Borkum Rlffgat 
stantial and for practi 
cal matters particularly 
important aspects. This 
solution is yet another 
example of the excel 
lent and pragmatic co 
operation between the 
Netherlands and Ger 
many. 
Author 
Thomas Dehling is head of 
the Hydrographic Surveying 
Division at the Federa 
Maritime and Hydrographic 
Agency in Rostock 
thomas.dehling@bsh.de 
Historical background 
To understand the special case of the common 
boundaries between the Netherlands and Germa 
ny In the estuary of the river Ems, It Is necessary to 
shortly explain the historical background first. The 
different positions about the boundary In that area 
go centuries back. The German position Is that the 
low-water line at the western shore of the Ems 
estuary constitutes the border and refers mainly 
to a letter of enfeoffment (German: Lehnsbrlef) 
from the year 1464. The Netherlands state that the 
border should be drawn according to the general 
rules In International law and refer to the principle 
of the talweg, which Is defined as the line joining 
the lowest points of a valley throughout Its length 
(IHO Hydrographic Dictionary, S-32). 
Ems-Dollart Treaty 
In the 20th century both countries agreed that 
they don't agree In this regard, and In the light 
of the traditionally good relationship both coun- 
trles found a status-guo agreement that led to the 
Ems-Dollart Treaty In 1960. Several supplementary 
treaties have been signed and the Ems-Dollart- 
Commlsslon has been constituted. This framework 
guarantees that all practical Issues In the disputed 
area are being dealt with amicably. Thus, the un 
solved case of the boundary became gulte Irrel 
evant. 
Fig. 1 shows the area of the Ems-Dollart Treaty 
In red (attachment to the supplementary agree 
ment from 14 May 1962). As can be seen on the 
chart, the area comprises the territorial sea In the 
estuary at the time the treaties were signed as well. 
The seaward limits of the territorial sea from both 
countries were drawn In a distance of three nauti 
cal miles from the normal baseline. 
In 1964 both countries also agreed on the lim 
its of the continental shelf adjacent to that area. 
Fig. 2 shows that line In blue. This treaty distinctly 
excluded the guestlon of the common territorial 
border. The continental shelf comprises the sea- 
Fig. 2: Sketch showing the 
area between 3 and 12 nm 
Fig- 1: Chart showing the area 
ofthe Ems-Dollart Treaty