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after 1949 by the USSR and later Ukraine, as well as by Romania, Bulgaria, France and Germany. These charts, Romania maintains, consistently show the boundary as extending beyond the last point depicted on map 134, and as having the same character along its entire length up to a point due east of Serpents’ Island. Romania claims that the position of this point, which it refers to as “Point X”, coincides on all of these charts: it is located at approximately 45° 14' 20" N and 30° 29' 12" E. 48. The last point of the boundary depicted on map 134 cannot be considered, in Romania’s view, the final point of the boundary because the short segment of the boundary from border sign 1439 up to the point where the drawing terminates does not constitute a boundary “surrounding” Serpents’ Island as envisaged in the text of the individual 1949 Procès-Verbal relating to border sign 1439. Romania further argues that the blank space between the endpoint of the line depicted on map 134 and the edge of the map is of no relevance and cannot serve as an argument that this point is the final point of the boundary. Map 134 was intended to depict the boundary between Points 1438 and 1439, and “the boundary sectors situated both before and beyond point 1438 and 1439 are only partially depicted”. 49. According to Romania, the fact that there happens to be a close coincidence between the endpoint of the boundary on map 134 and the point of intersection of 12-nautical-mile territorial seas of Romania and Ukraine, identified in the 2003 State Border Régime Treaty, does not prove that the endpoint of the boundary on map 134 was a final point of the maritime boundary agreed in 1949. While the endpoint of the boundary on map 134 is at approximately 12 nautical miles from the Sulina dyke as it exists presently, in 1949 (when the dyke was shorter) this point was at about 13.4 nautical miles from the Romanian coast. No conclusion as to what was agreed in 1949 is to be drawn from coincidences resulting from the changing coastal situation.
* 50. Ukraine disagrees that a maritime boundary along the 12-nautical-mile arc around Serpents’ Island up to Point X was established by the agreements between Romania and the USSR starting from 1949. It further argues that both Parties acknowledge that the final point of the State border was established by the 2003 State Border Régime Treaty, which means that maritime spaces beyond this point had not previously been delimited. 51 In particular, Ukraine asserts that the text of the 1949 Procès-Verbaux did not provide for an all-purpose maritime boundary, and neither did map 134. It notes that in accordance with the settlement recorded in the 1949 Procès-Verbaux the boundary line between Points 1437 and 1438 “is a true State boundary between the territorial sea and/or internal waters of Romania and the Soviet Union”. The boundary line running out to sea from Point 1438 in the direction of Point 1439 was “a true State boundary between the territorial seas of Romania and the Soviet Union only as far out as a point 6 nautical miles from the baseline from which Romania’s territorial sea is measured”. The boundary running further out to sea beyond the 6-nautical-mile point to Point 1439 and thereafter following the 12-nautical-mile arc around Serpents’ Island was the