Decree of the Minister for Foreign Affairs No. 128 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Maritime Trade Cooperation Agreement
Valid
Effective from 17.06.1973
128
DECLARATION
Minister for Foreign Affairs
of 11 September 1973
on the Agreement for cooperation in maritime trade
On 3 December 1971, the Maritime Trade Cooperation Agreement was negotiated in Budapest.
The Agreement entered into force on 17 June 1973 pursuant to Article 17 thereof. This date also entered into force for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement is announced simultaneously.
Minister:
Ing. Chupek v. r.
AGREEMENT
on cooperation in maritime commercial navigation
Governments of the People's Republic of Bulgaria, the People's Republic of Hungary, the German Democratic Republic, the People's Republic of Poland, the Socialist Republic of Romania, the Union of Soviet Socialist Republics, the Czechoslovak Socialist Republic (hereinafter the Contracting Parties)
to help further develop and consolidate cooperation between their States in maritime trade; and
Believing that such cooperation helps to achieve the objectives set by the United Nations Charter,
have concluded this Agreement:
The Contracting Parties shall make every effort to develop and consolidate their existing cooperation between their States on maritime trade.
In accordance with Article 1: The Parties shall promote bilateral and multilateral cooperation between the authorities responsible for maritime transport in their States, as well as between shipping organisations and undertakings, for the development of maritime transport by their countries, in particular:
- improved and more efficient use of the maritime commercial fleet and ports to meet international maritime transport needs,
- development of cooperation in the field of boat hire,
- the extension of economic and scientific and technological contacts and the exchange of experience,
- exchanges of views on activities in international organisations dealing with maritime navigation issues as well as participation in international conventions on maritime transport.
The Contracting Parties confirm their loyalty to the principles of free shipping and their determination to oppose any measure of a discriminatory nature in this area which is detrimental to the normal development of navigation.
The Parties shall facilitate the efficient development of international trade navigation and, in particular, the successful solution to economic, scientific, technical and legal problems arising in this area. They express their readiness to cooperate in order to achieve those objectives with other States on the basis of the principles of equality, non-interference in internal affairs and mutual benefits.
1. The Contracting Parties agree
- to promote the participation of their ships in maritime transport between ports of their country,
- cooperate in the removal of obstacles which may make it difficult for Contracting Party ships to participate in transport between ports of their country,
- do not impede the participation of ships of Contracting Parties in maritime transport between ports of one Contracting Party and ports of third countries.
2. The provisions of point 1 shall not affect the right of third-country ships to participate in transfers between the ports of one of the Contracting Parties and the ports of the other Contracting Parties.
1. Ships under the flag of the Contracting Parties shall enjoy, on a reciprocal basis, the most favoured-nation regime enjoyed by their own ships engaged in international transport, or also on the basis of the reciprocity of the most favoured-nation regime enjoyed by ships of other countries, in all matters with regard to port entry, stay and departure from port, use of ports for loading and unloading, embarkation and landing of passengers, as well as the use of seagoing services.
2. The provisions of point 1 shall not apply to ports which are not declared open for the entry of foreign ships, to pilotage services, to transport and to activities which are legally reserved for national organisations such as cabotage, tugs, rescue and uplift of sunk ships, as well as to the implementation of customs, administrative, health and phytosanitary regulations and formalities in force in ports.
3. On all maritime issues not specifically covered by this Agreement, the Contracting Parties shall grant each other the most favourable treatment.
1. The Contracting Parties shall, on the basis of reciprocity, take measures to facilitate and accelerate maritime transport, to reduce berth times in ports and, where possible, to simplify customs, administrative, health and phytoquarantine formalities in force in ports.
2. On the basis of reciprocity, the customs and financial authorities of the Contracting Parties shall not charge customs duties and charges on equipment and equipment, spare parts and marine supplies on board and necessary for the operation and maintenance of ships and their equipment in the proper condition, nor shall stocks intended for use and consumption on board by crew members or passengers.
3. Customs duties and charges shall not be imposed on items of equipment and equipment, spare parts, as well as on ships dispatched through the territory of any Contracting Party, provided that they are intended exclusively for the normal operation of ships flying the flag of one of the Contracting Parties and located in ports of the other Contracting Party.
As regards ships flying the flag of those Contracting Parties in whose territory there are no seaports of commerce, Articles 6 and 7 shall apply: The agreements shall be applied independently of the reciprocity provided for in these Articles.
1. The Contracting Parties shall mutually recognise certificates of measurement and other ship documents issued or recognised by the competent authorities of the State whose flag the ship is flying.
2. The calculation and collection of maritime charges and taxes will be carried out on the basis of valid sheets of measurement or equivalent documents on board the ship.
The authorities, organisations and undertakings of maritime transport of one of the Contracting Parties shall not, on the basis of reciprocity, be charged on the territory of other Contracting Parties with profits and revenues which those authorities, organisations and undertakings have from the operation of ships belonging to them or which have been hired by them for international maritime transport.
1. If a ship under the flag of one of the Contracting Parties fails, is stranded on the shallows, is thrown ashore or suffers another accident at the shores of any other Contracting Party, such ship, its crew, passengers and cargo shall be provided with the necessary assistance and support to the extent that its own ships would be provided.
2. In the event that a ship under the flag of one of the Contracting Parties is affected by an accident or accident in the territorial or internal sea waters of any other Contracting Party, the competent authorities of that Party may, in accordance with the internal legislation, authorise access by rescue ships and the means of the first Contracting Party to provide assistance to such a ship, its crew, passengers and cargo.
3. A ship affected by an accident or accident, its cargo, stocks and other property shall not be subject to port charges, taxes and customs duties in the territory of the other Party if the ship has not come to carry out commercial operations and its cargo, stocks and other assets have not been transported to the territory of that Party for use or consumption.
The provisions of this paragraph shall not apply to pilot fees and remuneration for actual services provided to a ship affected by an accident or accident.
The Contracting Parties shall mutually recognise seafarers' identity cards issued by the competent authorities of the State whose flag the ship is flying.
Persons holding such personal cards and registered in the list of crew shall be entitled to proceed to the shore at the port of any of the Contracting Parties for temporary stay in the port city territory while the ship is docking in that port.
The stay of seafarers on the territory of the port city shall be governed by the relevant provisions applicable at the port of residence.
1. Any dispute between the authorities, organisations or maritime transport undertakings of the Contracting Parties arising from contractual and other civil relations which may arise between them in connection with the implementation of this Agreement shall be subject to arbitration procedures excluding the jurisdiction of the national courts in such disputes. The disputes referred to above shall be subject to arbitration proceedings in the defendant's country or, under an arrangement between the authorities, organisations or maritime transport undertakings of the Contracting Parties, to the arbitration panel of another country which is a party to this Agreement.
2. The text of paragraph 1 of this Article shall not apply to civil relations in which disputes are subject solely to the jurisdiction of national courts or other authorities under international agreements concluded between the Contracting Parties and to civil relations in which disputes under national law of the Contracting Parties are subject exclusively to the jurisdiction of national courts or other national authorities.
3. Commercial ships belonging to a State flying the flag of one of the Contracting Parties shall not be subject to detention or seizure in ports of other Contracting Parties in connection with civil disputes referred to in points 1 and 2 of this Article.
The competent authorities of each of the Contracting Parties shall provide the necessary support to the representations of the navigational undertakings and institutions of the other Contracting Parties located in their territories whose activities are linked to the voyage in the performance of their tasks.
The activities of these representations shall be subject to the relevant laws and regulations applicable in the territory of the State of residence.
After this Agreement enters into force, any State may accede to it.
The agreement of all Contracting Parties to the Agreement shall be required for access by other States.
This Agreement shall be concluded for an unlimited period.
Each Contracting Party may terminate the Agreement by notifying the depositary in writing at least six months before the end of the current calendar year. Such notice shall enter into force on 1 January of the following year.
This Agreement shall enter into force 30 days after the governments of the States which have signed it have notified the Depositaries of the termination of the procedure which, under their legislation, is necessary for the Agreement to enter into force.
This Agreement may be amended with the consent of all Contracting Parties, in accordance with the procedure laid down in Article 17.
This Agreement shall be deposited with the Government of the Union of Soviet Socialist Republics, which shall act as depositary of this Agreement.
The depositary shall circulate certified copies of this Agreement to all States that have signed it.
Dane in Budapest on 3 December 1971 in one specimen in Russian language.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 128 / 1973 Coll., on the Maritime Trade Cooperation Agreement |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1973 |
|---|---|
| Effective from | 17.06.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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