Decree No 1 / 1973 Coll.
Decree of the Minister of Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of inland waterway transport and the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of rail transport
Valid
Effective from 10.10.1972
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1
DECLARATION
Minister for Foreign Affairs
of 24 November 1972
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of inland waterway transport and the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of rail transport
On 23 June 1972, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of inland waterway transport and the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of rail transport was signed in Berlin.
Pursuant to Article 10 of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of inland waterway transport, entered into force on 10 October 1972 and entered into force on the basis of Article 33 of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of rail transport.
The Czech text of the two agreements is published simultaneously.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of inland waterway transport
The Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic, led by a desire to consolidate and extend cooperation in the field of inland waterway transport in accordance with the principles of the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and on passport, customs and other control at the crossing of state borders signed in Prague on 21 December 1970, have agreed to conclude this Agreement.
To that end, they appointed their agents:
Government of the Czechoslovak Socialist Republic
Dr. Ing. Štefana Šutku
Minister for Transport,
Government of the German Democratic Republic
Ing. Otto Arndta
Minister for Transport,
who, following the exchange of powers which they found in good and proper form, have agreed as follows:
(1) Each Contracting Party shall allow vessels of the other State to:
- mutual water transport between the two States and transit by vessels of one Contracting Party through the territorial territory of the other Contracting Party to a third State and vice versa, along the total length of the interconnected waterways and the translation of goods;
- mutual passenger shipping and sports trips between the two States along the overall length of their waterways, with the exception of the sections of the waterways listed in the Annex.
(2) Each Contracting Party shall allow the vessels of the technical fleet, as well as the newly built vessels of the other State, to be transported between the two States, as well as transit through the territorial territory of the other Contracting Party to a third State and vice versa, along the total length of the interconnected waterways.
(1) In order to ensure scheduled shipments of goods between the two States, the Contracting Parties will ensure the greatest possible participation of inland waterway transport.
(2) The conditions for cooperation and mutual provision of transport performance in inland waterway transport, as well as the translation and storage of goods in ports, are laid down in long-term and annual transport protocols as well as in corporate agreements.
(3) Cooperation in the use of vessels of both States will be conducted by efforts to make maximum use of the transport space and to achieve the highest efficiency in transport. In order to develop and improve sailing conditions, the competent authorities of both States will cooperate closely and exchange the necessary information in due time.
(4) Passenger transport operations between the two States shall be carried out on the basis of timetables agreed between the competent authorities of the two States.
(5) All vessels intended solely for sports or recreational purposes and powered by engines or auxiliary engines, sails or human power may take part in a sport voyage between the two States; Excluded from this transport are floating equipment intended primarily for housing or temporary residence.
(6) Vessels crossing the border of one State shall carry their flag on the waterways of the other State.
(1) Vessels, persons and goods of one State situated in the sovereign territory of another State are subject to its legislation, in particular transport and security, as well as public policy rules, border, customs, foreign exchange, health, veterinary and phytosanitary regulations.
(2) The ship's documents, certificates and licences of persons issued by the competent authorities of one State, as well as the provisions on the number and composition of the crew of vessels, shall be recognised by the competent authorities of the other State.
(3) The competent authorities of both States shall be informed in due time of the issue of new and of the repeal or amendment of existing legislation relating to inland waterway transport.
(4) The competent authorities of the two States shall inform each other of the events and findings in their sovereign territory in which the participation of the vessel and its associated persons of the other Contracting Party and which are relevant in terms of maintaining order and security and require the implementation of educational or other measures.
(1) The competent authorities and undertakings of both States shall provide the necessary assistance in accidents and accidents involving persons and vessels of the other State, including the necessary assistance at shipyards and workshops.
(2) In the case of accidents and accidents by vessels on the waterways and ports of both States, the rules of the State in whose territory the accident or accident occurred shall apply to the investigation and to the drawing up of the Protocol. The competent authorities of the Contracting Parties shall transmit to each other accident or emergency protocols affecting the interests of the other Contracting Party.
(1) Inland waterway undertakings of the two States shall enter into arrangements on corporate technical, economic and social issues, conditions for the carriage of goods, passenger transport, towing and pressure services, and mutual assistance.
(2) The operational and commercial interests of an inland waterway undertaking of one State may be represented in the sovereign territory of the other State by its inland waterway undertaking.
(3) The Contracting Parties shall grant each other the right to establish a representation of inland navigation in the sovereign territory of the other State. The competent authorities of the other Contracting Party shall be authorised to carry out commercial activities in the sovereign territory of the other State.
(1) Vessels of one State may land in the territory of another State
(a) in ports and transhipments where loading and unloading of goods are carried out;
(b) at the ports and landing points where they enter or leave passenger ships;
(c) for the purpose of resting, assembling and staying ships at all places where there is no prohibition of standing under national rules.
(2) In specific cases such as accidents or serious diseases of persons, it is also permitted to land in other places.
Ships' crews and their family members, as well as members of sports boat crews, shall transfer national borders to documents which, in accordance with the national law of the Contracting Parties, authorise border crossing.
All payments and settlement resulting from the implementation of this Agreement shall be made in accordance with the provisions of the payment agreements applicable to both Parties.
(1) This Agreement shall include the Annex referred to in Article 1 (1).
(2) Amendments to the Annex are made by means of an arrangement between the central authorities of the two States responsible for inland waterway transport.
(1) This Agreement shall be subject to approval under the national law of both Parties and shall enter into force on the date of the exchange of notes on such approval.
(2) At the same time:
- the Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on the reciprocal use of inland waterways, as well as sea bays and bays for navigation, negotiated in Berlin on 15 October 1954 and the Final Protocol thereto;
- Section III. Agreements between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of transport signed in Prague on 26 March 1965;
- Arrangement between the Ministry of Transport of the Czechoslovak Socialist Republic and the Ministry of Transport of the German Democratic Republic on transport by recreational ships across borders, signed in Prague on 26 March 1965.
(1) This Agreement is concluded for a period of five years.
(2) If it is not declared in writing by any of the Contracting Parties no later than six months before the expiry of that period, it shall be extended by an additional year.
Written in Berlin on 23 June 1972 in duplicate, each in the Czech and German languages, the two texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
Dr Ing. Štefan Šutka v. r.
For the Government of the German Democratic Republic:
Ing. Otto Arndt v. r.
ANNEX
Personal transport and sports navigation are not permitted on the sovereign territory of the Czechoslovak Socialist Republic and on the sovereign territory of the German Democratic Republic on the following waterways or sections of waterways:
In the Czechoslovak Socialist Republic:
- border section at Skalka dam on the Ohří River at the NSR border
- border section at the Lipno dam on the river Vltava at the border with the Republic of Austria
- the border section in the Danube and Moravia at the border with the Republic of Austria.
In the German Democratic Republic:
- border waters of Odra, West Odra and Lusatian Nisa
- border section of the Elbe with the German Federal Republic
- border waters near West Berlin
- coastal waters, excluding internal marine waters in the German Democratic Republic border zone off the Baltic coast.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of rail transport
The Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic, led by the desire to consolidate and extend cooperation in the field of rail transport across national borders in accordance with the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and in passport, customs and other control at the crossing of state borders, signed in Prague on 21 December 1970 (hereinafter referred to as the Treaty), have decided to conclude this agreement.
To that end, they appointed their agents:
Government of the Czechoslovak Socialist Republic
Dr. Ing. Štefana Šutku
Minister for Transport,
Government of the German Democratic Republic
Ing. Otto Arndta
Minister for Transport,
who, after the exchange of powers which they found in good and proper form, have agreed as follows:
General provisions
This Agreement provides for the carriage of passengers, luggage, express goods and goods across national borders between the Czechoslovak Socialist Republic and the German Democratic Republic.
The terms used in the Agreement shall have the following meaning:
1. "border station" means a railway station designated for immediate contact with the railway of the other Contracting Party;
2. "exchange station" means a station designated for the implementation of the transition and connection service;
3. "transition service" is a set of railway operations which, under international agreements by which the railway administrations of the two Contracting Parties are bound, must be completed in order to allow the carriage, mail and passengers to cross from the railway of one Contracting Party to the rail of the other Contracting Party;
4. "connection service" means a set of railway operations which, under international agreements by which the railway administrations of both Contracting Parties are bound, carry out the transition of traction vehicles, wagons, mail and passengers from one Contracting Party to the other Contracting Party's rail;
5. "border line section" is part of the line between the national border and the exchange station;
6. 'ownership of rail' means the railway administration of the Contracting Party in whose territory there is an exchange station;
7. "Contracting Party personnel" means personnel of railway administrations and personnel of border, customs, veterinary, phytoquarantine and other competent authorities of the Contracting Parties, or, where appropriate, other persons authorised by those authorities to carry out the tasks arising from this Agreement.
1. Rail transport shall take place through border crossing points which shall be agreed between the Contracting Parties, including authorised modes of transport, in particular.
2. A border station shall be established at each border crossing point, which shall be an exchange station. However, railway administrations of the Contracting Parties may designate two exchange stations at one border crossing point, if the smooth implementation of rail transport so requires.
3. Border and exchange stations for each border crossing point shall be determined by the Railway Administration of the Contracting Parties in arrangements for the implementation of this Agreement.
1. In order to improve the handling of railway transport, the Contracting Parties will establish exchange stations with common control in the territory of the Czechoslovak Socialist Republic and in the territory of the German Democratic Republic. Where appropriate, these exchange stations with common control may be set up on the same railway line at the same time in the territories of both Contracting Parties.
2. The details for the establishment of such exchange stations and their equipment (Article 14 (1)), as well as the cooperation of all institutions and bodies at such stations, shall be regulated by the competent authorities of the two Contracting Parties in specific arrangements.
1. The management of traffic on the border line section shall be the responsibility of the Railway Administration of the Contracting Party on whose territory this section lies.
2. The management of trains on the border line section shall be carried out by the railway service of the other Contracting Party, unless otherwise agreed between the railway administrations of the Contracting Parties.
1. The Contracting Parties shall be entitled to transmit to the exchange stations in the territory of the other Contracting Party the necessary personnel for the performance and control of the supply and reception activities.
2. The railway party of the Contracting Party in whose territory the exchange station is situated shall make available to the workers of the other Contracting Party the appropriate rooms necessary for the performance of their activities.
3. In order to ensure smooth operation, railway administrations of the Contracting Parties may, if they deem it necessary, agree to send workers to other stations or other railway services.
1. Railway administrations of the Contracting Parties and their staff shall use the language of their country in mutual written and oral contact. Exceptions to this principle may be provided for in the arrangements for the implementation of this Agreement.
2. Railway administrations shall ensure that their personnel serving in the territory of the other Contracting Party control the language of the other Contracting Party at least to the extent that they can communicate.
1. Workers working in an exchange station and on the border line section are obliged to act and act in and out of service in the spirit of friendly relations between the two states.
2. Workers of railway administrations operating in an exchange station and on trains on a border line section within the territory of the other Contracting Party shall carry out their service in accordance with Article 8 of the Treaty under the law of their State, unless otherwise provided for in this Agreement.
3. The staff referred to in paragraph 2 shall maintain in the service rooms which are left to them for their exclusive use, order and are entitled to refuse access to unauthorised persons. Competent authorities shall provide them with protection and assistance upon request.
1. Workers serving in an exchange station and on a border line section within the territory of the other Contracting Party shall enjoy the same legal protection as nationals of the State in whose territory they are staying.
2. Workers referred to in paragraph 1 shall be exempt from all direct taxes, levies and charges against the other Contracting Party pursuant to Article 13 (2) of the Treaty if they are incurred in connection with the income from their service.
3. Unless otherwise provided for in this Agreement, railway administrations serving in the territory of the other Contracting Party shall comply with the legislation in force there.
4. Railway authorities' personnel shall be responsible for the misconduct committed in the territory of the other Contracting Party to their superior service posts.
5. The Railway Administration of one Contracting Party may request the removal of a member of the Railway Administration of the other Contracting Party active in the territory of its State. The request must be met.
6. In the event of criminal prosecution of a railway operator in the territory of the other Contracting Party, the railway operator shall immediately be notified of the railway operator's administration. At the same time, all necessary measures shall be taken to protect the interests of the Contracting Party whose worker is involved, in particular those which ensure the uninterrupted performance of the service.
1. Workers of railway administrations shall be granted free of charge medical treatment for acute illness or accident in the territory of the other Contracting Party.
2. In the absence of a railway operator of one Contracting Party, caused by an accident, sudden illness or for other reasons in the territory of the other Contracting Party, all measures shall be taken to safeguard the interests of the Contracting Party whose worker is at issue, as well as to ensure smooth transport across national borders.
1. The Railway Administration of each of the two Contracting Parties shall be entitled to establish in the territory of the other Contracting Party its General Representation, which ensures transport and does not conduct commercial activities. The scope and the rights and obligations of the General Representation shall always be determined by agreement of the Railway Administrations of the two Contracting Parties with the agreement of the competent authorities of the other Contracting Party.
2. The Railway Administration of each Contracting Party shall be entitled, in the interests of its own service as well as in the interests of the Transition and Connecting Services, to establish an agent in an exchange station situated in the territory of the other Contracting Party.
3. Equipment and articles of equipment of service rooms, repair and maintenance material, as well as items of service of personnel intended for an exchange station situated in the territory of the other Contracting Party may be imported and exported without special authorisation and without duty and benefits.
4. Articles of the same kind as referred to in paragraph 3, intended for general representation, may be imported free of duty and exported under directives agreed between the competent authorities of the Contracting Parties.
Railways, post office and control
1. Both Parties shall ensure that the transition and connection services are carried out smoothly and quickly.
2. Railway administrations of the Contracting Parties shall notify each other of any difficulties which make it difficult, restrictive or impossible for regular rail transport between the two States, or which could adversely affect the rail transport of the other Contracting Party.
3. The problems in the exchange station and on the border line section are eliminated by the railway administration of the Contracting Party in whose territory they were created. Railway administrations shall, upon request and for the reimbursement of their own costs, assist each other with their workers, vehicles and materials, provided that their own service so permits.
1. The competent authorities of the State in whose territory the exchange station and the border line section are located shall ensure the maintenance of safety and order in the exchange station and at the border line section.
2. On trains running on border line sections, train staff shall be supervised by rail.
3. Train staff serving on the border line section of the territory of the other Contracting Party shall be assisted by the competent authorities.
1. Unless otherwise agreed, it shall equip the exchange station with its own cargo by its own rail management; taking into account the needs of rail contact.
2. Railway administrations shall provide each other with a remuneration for the full or partial use of the structures and equipment which they make available at the exchange station for the purposes of the railway, mail or control authorities of the other Contracting Party.
3. The performance and services of the Contracting Parties' railway administrations resulting from this Agreement shall be balanced in kind. Where this is not possible, Article 32 (2) shall apply.
The ownership of the railway administration oversees the construction and equipment in the exchange station and on the border line section and maintains and restores them at its own expense.
1. The rules of the Railway Administration, whose stations and lines are operated, shall apply to the performance of the transport service, unless otherwise agreed between railway administrations.
2. Railway administrations of both Contracting Parties shall agree common principles for the performance of the transport service in rail border transport as regards differences in the signs and traffic regulations of both railway administrations.
The service rail telegrams and service rail correspondence shall be carried out in accordance with the international agreements by which both Contracting Parties are bound or under specific agreements between the railway administrations of the Contracting Parties.
1. Train transport on the border line section shall be carried out according to the timetable agreed periodically between the railway administrations of the Contracting Parties.
2. Railway administrations of the Contracting Parties shall process timetables in order to meet the needs of passenger and freight border transport as well as the interests of border and customs authorities, and to ensure that passenger and freight trains do not delay longer than is necessary to carry out reloading and taking-over operations in the rail and postal service, as well as border, customs, epidemiological, veterinary and phytoquarantine checks.
3. When changing timetables, new timetables must be notified to border and customs authorities at least 15 days in advance. These authorities must be notified in due time of any other change in timetable, train schedule, train delays by more than 30 minutes and special trains and locomotives crossing the state border.
Railway administrations of the Contracting Parties shall allow each other to enter into exchange stations and the short-stay of individual railway wagons for persons accompanying goods with a risk of explosion, consignments of radioactive substances or particularly valuable goods.
Wagons, transport aids, pallets, transport cabinets and containers, as well as railway consignments, shall be surrendered and taken over under international agreements by which both Contracting Parties are bound and under arrangements binding on their railway administrations.
1. The Railway Administration of the two Contracting Parties shall establish its tariffs from or to national borders.
2. The railway administration of the State on whose territory the border line section is situated shall receive the tariff revenue from transport on the border line section.
1. Railway administrations of the Contracting Parties are required to establish and maintain on the territory of their State the signalling and communication facilities and lines necessary for the mutual rail transport; in special exceptional cases, they shall be entitled to enter into arrangements different from that principle. The communication links used between exchange and border stations shall end at those stations and shall not be connected to the national network. An exception is the links between the managing transport authorities established by mutual agreement between the railway administrations of both Contracting Parties.
2. Workers of the other Contracting Party shall be entitled to use, free of charge for service purposes, the communication equipment of the ownership railway administration referred to in paragraph 1.
3. The use of railway communication equipment of the other Contracting Party for private purposes is inadmissible.
1. The removal and acceptance of postal consignments between the postal administrations of the two Contracting Parties shall be carried out by the staff of such administrations in exchange stations under the World Postal Union agreements and under the arrangements negotiated between postal administrations.
2. The exchange of postal conclusions may also be carried out by rail and postal administrations of the Contracting Parties under the agreement of railway administrations.
For control authorities in an exchange station in the territory of the other Contracting Party, telephone connections with their respective services in the territory of their own State shall be established. The type and extent of telephone and equipment shall be agreed by the control authorities with the relevant connections and railway administrations of the Contracting Parties.
Provisions on crossing national borders
Railway workers of one Contracting Party who are assigned to serve in the territory of the other Contracting Party shall cross the national border with the documents enabling them to cross the national border under the national law of the Contracting Parties.
The boarding and leaving of trains on the border line section is prohibited. This prohibition shall not apply to border and customs service workers, transport authorities and rail administrations in the performance of their duties.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 1 / 1973 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of inland waterway transport and the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic in the field of rail transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.01.1973 |
|---|---|
| Effective from | 10.10.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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