Decree of the Ministry of Foreign Affairs No. 114 / 1960 Coll.
Decree on the Trade and Navigation Treaty between the Czechoslovak Republic and the German Democratic Republic
Valid
Effective from 15.06.1960
114
DECLARATION
Minister for Foreign Affairs
of 30 June 1960
on the Trade and Navigation Treaty between the Czechoslovak Republic and the German Democratic Republic
On 25 November 1959, the Treaty on Trade and Navigation between the Czechoslovak Republic and the German Democratic Republic was signed in Berlin.
The Treaty was approved by the National Assembly on 25 May 1960 and ratified by the President of the Republic on 6 June 1960. The instruments of ratification were exchanged in Prague on 15 June 1960.
According to Article 19 of the Treaty, the date on which the instruments of ratification were exchanged, namely 15 June 1960, became effective.
The Czech version of the Treaty is hereby published at the same time.
David v. r.
TREATY
on trade and navigation
between
The Czechoslovak Republic and the German Democratic Republic
President of the Czechoslovak Republic and President of the German Democratic Republic,
led by the desire to further develop and consolidate economic relations between the two friendly states and to lay down in the Treaty the basic conditions governing those relations,
Decided
conclude trade and navigation agreements. To that end, they appointed their agents:
President of the Czech Republic
Deputy Prime Minister and Chairman of the State Planning Commission
Otakara Shimonka,
President of the German Democratic Republic
Deputy Prime Minister and Minister
Foreign and intra-German trade
Heinrich Rau,
who have exchanged power of attorney and found them in good and proper form and have agreed as follows:
The Parties shall continue to take all necessary measures to develop and consolidate trade relations between the two States in a spirit of friendly cooperation and mutual assistance on the principle of equality and mutual benefits.
To this end, the governments of the Contracting Parties will negotiate agreements, including long-term agreements, on the mutual supply of goods and other conditions that ensure the development of the exchange of goods in accordance with the needs of the national economy of the two States.
The Contracting Parties shall provide each other with unconditional treatment in accordance with the principle of most favourable treatment on all matters relating to trade, maritime navigation and all other economic relations between the two States.
In accordance with the provisions of Article 2, the Contracting Parties shall grant each other the treatment of the most favourable principle on all customs matters, in particular as regards customs duties, taxes or other levies, the storage of goods under customs control and the rules and formalities for the customs clearance of goods.
In accordance with the provisions of Article 2, agricultural and industrial products imported from the territory of one Contracting Party into the territory of the other Contracting Party shall not be subject to duties, taxes or other charges, or to rules or formalities other than those applicable to agricultural and industrial products of the same type to any third State.
Agricultural and industrial products of one Contracting Party exported to the territory of the other Contracting Party shall also not be subject to duties, taxes or other charges, or to rules or formalities which are more burdensome than those which are subject to agricultural and industrial products of the same kind when exported to the territory of any third State.
Agricultural and industrial products of one Contracting Party imported into the territory of the other Contracting Party through the territory of a third State or of third States shall not be subject, on importation, to duties, taxes or other levies, or to rules or formalities other than those which they would be subject to if they were imported directly from the country of origin.
This provision shall also apply to agricultural and industrial products which have been transhipped, repackaged or stored during transport through the territory of a third State or third States.
The basis for calculating the duty on agricultural and industrial products imported from the territory of one Contracting Party into the territory of the other Contracting Party shall in principle be the price indicated in the invoice.
Provided that they are re-exported or imported within the period laid down by the customs administration and that their identity is established, the following shall in particular be exempt from customs duties, taxes or other levies on import and export:
(a) articles intended for fairs, exhibitions, shows or competitions;
(b) articles intended to carry out experiments or tests;
(c) objects imported for repair and after repair re-exported;
(d) agricultural and industrial products imported for processing or processing and exported after processing or processing;
(e) assembly tools which are imported or exported by installers or sent to them first or subsequently;
(f) branded packaging imported for filling, as well as packaging containing the items of import and re-exported after the time limit laid down.
Samples of goods exported to the territory of the other Contracting Party in quantities customary and used only as samples, as well as catalogues, price lists, prospectuses and advertising material, including advertising films, shall be exempt from customs duties, taxes or other levies on both import and re-export in the territory of the other Contracting Party.
In accordance with the provisions of Article 2, internal levies to which, in the territory of one Contracting Party, the production, processing, circulation or consumption of an agricultural or industrial product is subject, irrespective of its benefit and on whose behalf they are collected, shall not affect agricultural and industrial products of the other Contracting Party more than products of the same type of any third State.
None of the Contracting Parties shall apply any restrictions or prohibitions when imported from the territory of the other Contracting Party or when exported into the territory of the other Contracting Party unless it applies them to all other States.
However, the Contracting Parties reserve the right to prohibit or restrict imports or exports for reasons of national security, the preservation of public order, the protection of health, the protection of animals and plants, the protection of cultural works or archaeological and historical values, provided that such prohibition or restriction is applied in the same circumstances to all other States.
Agricultural and industrial products of one Contracting Party which are transported from or into the territory of a third State through the territory of the other Contracting Party shall not be subject to duties, taxes or other levies.
As regards the rules and formalities relating to transit, there will be no less benefits for those products than for the costs of any third State.
The Czechoslovak seagoing merchant ships and their costs will be granted treatment according to the principle of the highest advantages in the ports of the German Democratic Republic on arrival, departure and stay. Most favoured-nation treatment will be provided in particular as regards:
(a) benefits and charges of any kind levied on behalf or for the benefit of the State, offices or other organisations;
(b) landing, loading and unloading ships in ports and berths;
(c) the use of pilot services, the use of canals, floating gear, bridges, signals and fairway lighting;
(d) the use of cranes, scales, warehouses, shipyards, dry docks and repair workshops;
(e) the supply of fuel, lubricants, water and foodstuffs;
(f) all provisions, including provisions on health protection and quarantine.
The provisions of this Article shall not apply to the exercise of port services, including the accompanying services of pilots, to the organisation of rescue and relief services, and to tug services, or to coastal navigation (cabotage). However, the voyage of ships referred to in paragraph 1 from one port of the German Democratic Republic to the other shall not be considered as short-sea voyages for the purpose of unloading cargo brought from a third State or for the purpose of loading cargo to a third State.
If a Czechoslovak ship fails or is in distress at the shores of the German Democratic Republic, the ship and its cargo shall enjoy the same advantages and rights as the legislation of the German Democratic Republic provides to its own ships in the same situation. The master, crew and passenger, as well as the ship and its cargo, shall always be provided with the necessary assistance and support to the extent that it is provided to its own ships in the same situation.
The nationality of Czechoslovak ships will be recognised by the authorities of the German Democratic Republic on the basis of documents on the ship issued by the competent Czechoslovak authorities under the laws and regulations of the Czechoslovak Republic.
Propellants and other shipping documents on board and issued by the competent Czechoslovak authorities shall be recognised by the authorities of the German Democratic Republic. In accordance with this provision of the Czechoslovak ship, duly issued with calliper sheets, the ports of the German Democratic Republic will be exempt from remeasurement and the net space of the ship, marked in the sheet, will be taken as the basis for calculating the port charges.
The competent organisations of the Contracting Parties whose activities concern maritime transport may maintain representative offices in the territory of the other Contracting Party. These embassies enjoy the same rights and benefits which are granted by a similar representative of the organisations of any third State.
As regards the transport of goods, persons and baggage on inland waterways and on railways, the Contracting Parties shall grant each other treatment on the basis of the most favourable principle on all issues relating to the taking-over of freight for transport, the type and mode of transport, as well as the costs and benefits associated with transport.
Legal persons established in the territory of one of the Contracting Parties and established under its law shall also be recognised as legal persons in the territory of the other Contracting Party; they may conduct business activities within the territory of the other Contracting Party in accordance with its legislation.
Unless otherwise provided for in other agreements, legal persons of one Contracting Party shall enjoy in the territory of the other Contracting Party the same rights and advantages, within the framework of the provisions of this Treaty, granted to legal persons of any third State.
The provisions of this Treaty shall not apply to the rights and advantages which one of the Contracting Parties has granted or in the future to other neighbouring States in order to facilitate border traffic.
This Treaty will be ratified as soon as possible and will enter into force on the date of the exchange of instruments of ratification to be implemented in Prague.
The Treaty shall remain in force until six months after one of the Contracting Parties has notified the other Contracting Party in writing of its intention to terminate the Treaty.
Done at Berlin, 25 November 1959 in duplicate, each in the Czech and German languages, the two texts being equally authentic.
To prove this, the agents of both Contracting Parties signed and sealed the Treaty.
For the Czechoslovak Republic:
Shimonek v. r.
For the German Democratic Republic:
Rau v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 114 / 1960 Coll., on the Trade and Navigation Treaty between the Czechoslovak Republic and the German Democratic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.1960 |
|---|---|
| Effective from | 15.06.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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