Decree of the Minister for Foreign Affairs No. 116 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the procedure for investigating events at common national borders
Valid
Effective from 16.11.1974
116
DECLARATION
Minister for Foreign Affairs
of 18 November 1974
on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the procedure for investigating events at common national borders
On 21 December 1973, the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the procedure for investigating events at the common national borders was signed in Prague.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Vienna on 17 September 1974.
Pursuant to Article 16 (2) of the Treaty, the Treaty entered into force on 16 November 1974.
The Czech text of the Treaty is published simultaneously.
First Deputy Minister:
Krajčir v. r.
TREATY
between the Czechoslovak Socialist Republic and the Republic of Austria on the procedure for investigating events at common national borders
the Czechoslovak Socialist Republic and the Republic of Austria,
led by a mutual agreement to investigate and prevent events at common national borders,
agree to conclude this contract.
To this end, they have appointed their agents:
President of the Czechoslovak Socialist Republic
Mr Bohuslav Chubek,
Minister of Foreign Affairs of the Czechoslovak Socialist Republic,
Federal President of the Republic of Austria
Mr George Schlumberger,
special envoy and authorised Minister of the Republic of Austria in the Czechoslovak Socialist Republic,
who, after exchanging their full powers which have been found to be in good and proper form, have agreed as follows:
The Contracting States shall endeavour, as far as possible by appropriate measures, to prevent incidents at the common national borders as well as the damage which could arise from the territory of one Contracting State in the sovereign territory of the other Contracting State (hereinafter referred to as "events').
The Contracting States shall establish, for the investigation of possible incidents at the common national borders, as well as for the detection of damage caused by the operation of the sovereign territory of one Contracting State in the sovereign territory of the second Contracting State of Czechoslovakia-Austria to investigate events at the common national borders (hereinafter referred to as the Commission).
(1) The Commission is eight members. The Contracting States shall designate four members of the Commission who shall form a delegation of the Contracting State concerned; its members may be represented. Delegations may invite experts and auxiliary forces as required.
(2) The Contracting States shall designate their heads and representatives from among the members of their delegations.
(3) The Contracting States shall notify themselves by diplomatic means of the names of their Heads of Delegation and their representatives.
(4) The Contracting States shall bear the costs of their delegations, including the costs of experts invited by them and their auxiliary forces.
The Commission shall meet at extraordinary or regular meetings.
(1) The Commission shall meet at the request of one of the Heads of Delegation for extraordinary meetings.
(2) The request shall be forwarded to the head of the second delegation by the shortest means possible by telephone. The request shall state the nature of the event and shall propose the place and time of the meeting.
(3) The Commission shall meet no later than 24 hours after receipt of the request.
(1) The Commission shall meet at least once a year for regular meetings, alternately in the territories of the Contracting States.
(2) The place and time of meetings in these cases will be agreed by diplomatic channels.
The Contracting States shall ensure that all traces and evidence relating to the event are retained.
(1) At the request of one of the delegations, the Commission is required to carry out an on-the-spot investigation. The Commission, including experts and auxiliary forces, shall be entitled, in carrying out this task, to enter the sovereign territories of the Contracting States and to carry out its activities at any time of day, if necessary at night.
(2) The Commission, including experts and auxiliary forces, is entitled to cross national borders even outside border crossing points for public tourism in the presence of the competent border control authority of the second Contracting State.
(1) The Head of Delegation, at whose request the Commission met, shall chair the Commission on the first day of the extraordinary meeting. The first day of the ordinary meeting shall be chaired by the Head of Delegation of the Contracting State in whose territory the meeting is held. After that, the Presidency takes turns every day.
(2) The Commission shall establish rules of procedure. The languages in question are Czech or Slovak and German.
(3) The minutes of each meeting of the Commission shall be drawn up in the Czech or Slovak language and in the German language, in duplicate signed by the Heads of Delegation.
(4) Delegations use a seal and stamp with their national emblem, the name of the Commission and the designation of the delegation.
(1) For its investigations and findings, the Commission uses all available evidence, including supporting documents submitted by delegations.
(2) Delegations will endeavour to ensure that, depending on the nature of the case, the damage caused is dealt with in an amicable manner.
(1) The Protocol must contain the results of the Commission's investigations and findings as well as any proposals to avoid events. Should the Commission fail to reach unanimity, different views will be set out in the protocol.
(2) The Protocol shall be submitted to the governments of the Contracting States.
(1) Members of the Commission, experts and auxiliary staff may cross national borders and stay in the sovereign territory of the other Contracting State to carry out the tasks referred to in Article 2 of this Treaty without a visa requirement, but with a valid travel document from one Contracting State, at border crossing points intended for public tourism, and if they participate in:
(a) the extraordinary meeting and the crossing of the national borders shall take place at the border crossing point indicated in the application;
(b) the proper meeting and the crossing of the national borders shall take place at the border crossing point and at the time notified 24 hours in advance to the Head of Delegation of the second Contracting State.
(2) In cases where visa-free entry is not foreseen pursuant to paragraph 1, Contracting States shall, for the purpose of attending meetings, issue to the members of the Commission, experts and auxiliary forces the necessary visa without delay and free of charge for entry and stay if the applicant has a valid travel document from the second Contracting State.
(3) No specific authorisation shall be required when crossing national borders pursuant to Article 8 (2) of this Treaty.
(4) Members of the Commission, experts and auxiliary forces may wear a uniform of service in the sovereign territory of the second Contracting State, but not a weapon, when carrying out the tasks arising under this Treaty.
(1) Members of the Commission, experts and auxiliary forces may not be prosecuted in the sovereign territory of the second Contracting State for the performance of the tasks arising from this Treaty, even after they have ceased. During their stay in the sovereign territory of the second Contracting State subject to these tasks, they shall not be detained or arrested in any way; This shall not apply in cases where they are caught committing an intentional offence for which, under the law of the Contracting State concerned, a custodial sentence of more than five years may be imposed.
(2) Articles necessary for their personal use, as well as materials, vehicles, vessels, tools, supporting documents, documents and stamps which they carry shall not be confiscated.
(3) The Contracting States undertake to ensure the personal protection and physical security of the members of the Commission, experts and auxiliary forces, as well as the integrity of their supporting documents, documents and stamps which they carry with them for the performance of their activities.
(4) If a member of the Commission, or an expert or auxiliary power of one Contracting State, is involved in the performance of the tasks entrusted to it under this Treaty as a result of an accident caused by measures of the other Contracting State relating to State borders, killed or injured, or if the case which it has with it is damaged or destroyed, it provides full compensation to the competent Contracting State which sent the injured party, provided that the injured party has not committed the accident intentionally or by serious negligence; all other issues of compensation shall be governed by the law of that Contracting State.
(5) If entitlement to one of the Contracting States is claimed in accordance with paragraph 4, the other Contracting State shall inform thereof by diplomatic means, together with the transmission of the documents at its disposal. The other Contracting State shall carry out the necessary investigations and shall give its opinion thereon within a reasonable time.
(6) Where a Contracting State has made compensation under paragraph 4, it shall be compensated by the other Contracting State. It shall also be reimbursed by the other Contracting State for other transactions provided by one Contracting State in connection with an accident on the basis of a legal claim, provided that the injured party did not cause the accident by intentional or gross negligence.
(1) The material for carrying out the tasks arising from this Treaty transferred from the sovereign territory of one Contracting State to the sovereign territory of the other Contracting State shall be exempt from all import and export charges, provided that it is re-exported after the performance of the tasks, unless re-export is not carried out for complete wear or loss of the material.
(2) Members of the Commission, experts and auxiliary staff may, for their own personal use, take travel needs, including food, beverages, medicines and tobacco products, without import and export charges, for a reasonable period of stay in the sovereign territory of the second Contracting State.
(3) Goods not subject to charges under paragraphs 1 and 2 shall be exempt from import and export prohibitions and restrictions.
(4) The Contracting States shall ensure, for the import, export and transit of goods required for the performance of the tasks arising from this Treaty, customs clearance and supervision. In particular, customs documents may be waived.
Members of the Commission, experts and auxiliary forces shall be required to maintain confidentiality in accordance with the relevant provisions of the Contracting State which sent them.
(1) This Treaty shall be ratified. The instruments of ratification will be exchanged in Vienna.
(2) This Treaty shall enter into force on the 60th day following the replacement of the instruments of ratification and shall remain in force for a period of one year. If one of the Contracting States does not terminate it six months before its expiry, the Treaty shall be extended to another year.
To prove it, the agents signed this Treaty and sealed it.
Dane in Prague on 21 December 1973 in two copies, each in the Czech and German languages, the two texts being equally authentic.
For
Czechoslovak Socialist Republic:
Cupcake v. r.
For
Austria:
Schlumberger v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 116 / 1974 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the procedure for investigating events at common state borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.1974 |
|---|---|
| Effective from | 16.11.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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