Communication from the Ministry of Foreign Affairs No. 129 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on rail transport across national borders
Valid
International Treaty
Effective from 20.04.1996
Text versions:
17.05.1996
129
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 22 February 1996 the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on rail transport across national borders was signed in Bratislava.
The Agreement entered into force on 20 April 1996 on the basis of Article 18 (1) thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between
by the Government of the Czech Republic and the Government of the Slovak Republic
on rail transport across national borders
The Government of the Czech Republic and the Government of the Slovak Republic (hereinafter referred to as the "Contracting Parties') wishing to assist further the development of rail transport between the two States,
agree as follows:
For the purposes of this Agreement:
(a) "border clearance" means the implementation of all operations under the regulations of the States of the Contracting Parties to be applied when crossing national borders by persons and on the import, export and transit of goods, including means of transport and combined transport units or values subject to foreign exchange regulations;
(b) "territorial State" means a State within the territory of which the competent authorities of the State of the other Contracting Party shall establish a border ramp or otherwise allow the service of connection and transit or border clearance to be carried out by the staff of their national authorities;
(c) "neighbouring State" means the State of the other Contracting Party;
(d) "competent authorities" means the authorities of the States of the Contracting Parties whose staff ensure border clearance and protection of rail transport;
(e) "rail workers" means persons who carry out the tasks arising from this Agreement and persons in charge of official supervision;
(f) "connection and transit services" means the sum of railway activities carried out by persons and on import, export and transit of goods, including combined transport freight units, when crossing national borders;
(g) "rail" means a railway established in the territory of the States of the Contracting Parties;
(h) "adjacent railways" means railways located in the territory of the State of the other Contracting Party;
(i) "exchange station" means the station in which the connection and transit services are performed;
(j) "border station" means a station designated for immediate contact with the neighbouring railway;
(k) "border line" means the line between the interchange station of one rail and the border station of the other rail; at customs crossings with two interchangeable stations the line between these stations.
1. The Contracting Parties shall take the necessary measures to facilitate and accelerate rail transport across common national borders.
2. The connection and transition service on the border lines of the States of the Contracting Parties shall take place in exchange stations. The exchange station is usually one of the border stations at the customs crossing point.
1. The Contracting Parties shall take all measures necessary for the operation of railways under this Agreement.
2. The Contracting Parties shall inform each other of accidents, incidents and other obstacles which may restrict or impede rail transport between the States of the Contracting Parties or adversely affect rail transport by the State of the other Contracting Party.
3. The removal of the consequences of accidents, incidents and other obstacles arising from an exchange station or at a border station and at a border line shall be ensured by the Contracting Party in whose territory the State has been created. When removing obstacles to rail transport, the Contracting Parties shall assist each other, on request and by mutual agreement, as far as possible.
1. Railways may, for the purpose of carrying out the tasks arising from this Agreement, transmit to the territory of the State of the other Contracting Party, by mutual agreement and for the necessary time, the necessary number of employees.
2. At its expense, the neighbouring railway may establish its representatives at the exchange stations.
3. The competent authorities of a territorial State shall ensure that railway workers established in a neighbouring State have the same protection and assistance in the performance of the service as railway workers established in a neighbouring State.
Railway staff who are seconded in accordance with Article 4 (1) to perform their duties in the territory of the State of the other Contracting Party shall be entitled to free transport on trains between border stations and, where appropriate, other designated stations within the territory of the States of the two Contracting Parties. The transfer of staff of the competent authorities shall be governed by a special contract.
1. Railways may, by mutual agreement:
(a) to provide each other with the premises and facilities necessary for the provision of connection and transition services;
(b) establish the necessary telecommunications links between railways to ensure the continuity and safety of rail transport in accordance with Article 13 of this Agreement.
2. The designated service rooms of railways located in the territory of the neighbouring State may be marked in the territorial state in the Czech and Slovak languages.
3. Railway staff with their head office in a neighbouring State serving in a territorial State under this Agreement shall have the right to wear their service uniform or a visible service sign.
1. Articles intended for the service of railway workers shall be exempt from customs duties, taxes and charges when entering and leaving the territory of the neighbouring State.
2. The special fleet, equipment, materials and spare parts needed for the repair of lines between border stations, for the repair of the fleet or for the removal of other barriers to border transport sent by railway undertakings shall be exempt from customs duties, taxes and charges on their transport across national borders, provided that both the fleet and the unused material and spare parts are returned.
3. The prohibitions on imports and exports shall not apply to this vehicle fleet, equipment, material, spare parts and articles referred to in paragraphs 1 and 2 of this Article.
1. The transport of mail across national borders shall be carried out in accordance with the international treaties by which the States of the Contracting Parties are bound.
2. Service letters and consignments of railways may be transported between their offices without the intermediary of the postal administration.
Railway staff, citizens of the Czech Republic or of the Slovak Republic, who, in accordance with this Agreement, carry out official tasks in the territorial State, may also cross the common national borders outside the customs crossing points at the place required to carry out their duties on the basis of a valid document authorising the crossing of national borders.
1. The time of residence of trains in exchange or border stations shall be determined by the competent authorities taking into account the need to ensure border clearance.
2. The competent authorities will create conditions for minimising the residence of trains in exchange and border stations.
The Contracting Parties shall create conditions for combined transport between the States of the Contracting Parties.
Border performances and services carried out under this Agreement by railways located in the territory of a State of one Contracting Party for railways located in the territory of the State of the other Contracting Party shall, as far as possible, be balanced in kind.
The Territorial State shall authorise the establishment and operation of telecommunications equipment required solely for the operation of railways in the Territorial State and for the management of traffic between railways, as well as their connection to the telecommunications equipment of the neighbouring State.
Staff of the competent authorities and of the railway staff of the neighbouring State who operate under this Agreement in the territorial state shall be provided health care in accordance with the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic for Health Care (Prague, 29 October 1992).
1. Where, in railway traffic, a person is killed or injured or, where appropriate, damaged by his or her property caused by the railway, he or she shall be liable for damages to a authorised railway undertaking located in the territory of the State in which the damage occurred, under the legislation of that State.
2. The provisions of the Convention on International Carriage by Rail (COTIF) shall apply to rail liability for the death or injury of a passenger and for damage caused by carriage between railways, including the procedure for the application of claims.
3. If, in railway traffic, a railway worker is killed or injured in the performance of a service on a border line or in a territorial State, or if damage is caused to his property, he shall be liable for damages to the authorised railway undertaking of which he is an employee, under the law of the State in whose territory the railway is based.
4. The railway which has paid for the damage referred to in paragraphs 1 and 3 of this Article shall be entitled to require its replacement from the adjacent railway if the damage was caused by the adjacent rail or by a fault on its equipment or vehicles.
Railways may conclude mutual arrangements governing the details of their cooperation under this Agreement.
The dispute concerning the interpretation or implementation of this Agreement shall be resolved at the level of the State Transport Ministries of the Contracting Parties. If the dispute is not settled at this level, it will be resolved by the negotiations of the Parties.
1. This Agreement shall be subject to approval in accordance with the national law of the States of the Contracting Parties. It shall enter into force on the 30th day following the date on which the later diplomatic note of such approval was received to the other Contracting Party.
2. This Agreement shall be negotiated for an indefinite period. The Contracting Parties may denounce it at any time in writing. The Agreement shall expire six months after the date of notification of termination by diplomatic means to the other Contracting Party.
Dane v Bratislava on 22 February 1996 in two original copies, each in the Czech and Slovak languages, the two texts being equally authentic.
For the Government of the Czech Republic:
Ing. Vladimir Budinský v. r.
Minister for Transport
For the Government of the Slovak Republic:
Ing. Alexander Rezeš v. r.
Minister for Transport, Post and Telecommunications
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 129 / 1996 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on Railway Transport across State Borders |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.05.1996 |
|---|---|
| Effective from | 20.04.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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