Communication from the Ministry of Foreign Affairs No 148 / 1994 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 Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the second State and the Arrangement between the Ministry of Interior of the Czech Republic and the Ministry of Interior of Romania on the implementation of the Agreement between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the second State of 25 January 1994
Valid
International Treaty
Effective from 26.05.1994
Text versions:
15.07.1994
148
COMMUNICATION
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that on 25 January 1994 they were signed in Prague
Agreement between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the other State
and
Arrangement between the Ministry of Interior of the Czech Republic and the Ministry of Interior of Romania for the implementation of the Agreement of 25 January 1994 between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the second State.
The Agreement entered into force pursuant to Article 10 (1) of the Agreement on 26 May 1994 and the Arrangement entered into force on that date.
The Czech version of the Agreement and the Arrangement shall be published at the same time.
AGREEMENT
between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the other State
the Government of the Czech Republic and the Government of Romania, hereinafter referred to as the "Contracting Parties',
led by the desire to regulate the mutual transfer and acceptance of their own nationals and the conditions of police transit of third-country citizens and non-nationals whose entry or residence is illegal in the territory of the other State, in accordance with international practices in this area and with international obligations accepted
agree as follows:
(1) At the request of the other Contracting Party, each Contracting Party shall, without special formalities, take over its own citizens who do not meet or cease to comply with the conditions in force for entry or residence in the State of the requesting Party, provided that there is or will be a presumption that such person is a citizen of the State of the requested Contracting Party.
(2) The requesting Contracting Party shall take back that person under the same conditions if it is established that, at the time of leaving the State of the requesting Contracting Party, that person was not a citizen of the State of the requested Party.
Each Contracting Party shall, if it intends to hand over a citizen of a State of the other Party who requires special care due to poor health or other serious reasons, inform the other Contracting Party. The reply of the other Contracting Party, which shall inform the requesting Contracting Party of the place and the date of the takeover, shall be sent without delay, no later than 7 days after the notification of the requesting Contracting Party.
The provisions of Articles 1 and 2 shall apply mutatis mutandis to citizens of third States or persons without citizenship if they are resident on the territory of the State of the requested Party.
(1) Each Contracting Party shall take over for police transit through its own State, if the other Contracting Party so requests, a citizen of a third State or a person without citizenship, and the requesting Contracting Party shall arrange for takeover in the destination State or, where appropriate, in the other States of transit.
The request for police transit shall include, in addition to the personal data of the accompanying person, a statement that it is ensured that it is taken over in the Member State of destination or, where appropriate, in other Member States of transit, as well as an indication of the location and time of the transfer of the person.
(2) A request for police transit may be refused if the citizen of a third State or a person without citizenship:
(a) there is a risk of inhumane treatment or death penalty or of life or freedom in the Member State of destination or, where applicable, in other countries of transit, for reasons of its race, religion, nationality, belonging to a particular social group or for reasons of its political views;
(b) there is a risk of criminal prosecution in the Member State of destination or in the other Member States.
(1) The police traffic shall be ensured by the competent authorities of the requested Contracting Parties in accordance with their national rules.
(2) A person taken over for police transit may be referred back to the requesting Contracting Party if the conditions required by Article 4 (1) are not met or circumstances are given which make police transit impossible pursuant to Article 4 (2).
(1) A request for police transit shall be made and handled directly between the competent authorities of the Contracting Parties. The application shall include:
(a) a declaration that the conditions required by Article 4 (1) are fulfilled;
(b) a statement that the circumstances which make police transit impossible pursuant to Article 4 (2) are not known.
(2) The Contracting Party receiving the request shall ensure, in agreement with the requesting party, the police traffic within the agreed time limit. Where an application is denied due to the lack of the necessary conditions referred to in Article 4, the requesting Contracting Party shall be informed without delay of the reasons for the refusal.
(1) The costs associated with the transfer of persons at the national border of the requested Contracting Party pursuant to Articles 1 to 3, including any retransfer of persons referred to in Article 1 (2), shall be borne by the requesting Contracting Party.
(2) The costs associated with the police carriage of persons referred to in Articles 4 to 6, including, where appropriate, the return of a citizen of a third State or a person without citizenship, shall be borne by the requesting Contracting Party.
In order to implement this Agreement, the Ministry of Interior of the Czech Republic and the Ministry of Interior of Romania shall conclude an implementing arrangement in which:
(a) the means of mutual communication shall be defined and determined by the competent authorities to carry out the transmission, reception and police transit operations and to communicate the identity of the persons referred to in Articles 1 to 3;
(b) the border crossing points at which persons will be transferred shall be identified;
(c) the necessary particulars and documents for transmission and the means of proof proving citizenship shall be determined;
(d) the method and procedure for the reimbursement of costs resulting from Article 7 (2) shall be defined.
The Convention on the Status of Refugees (Geneva, 1951) and the Protocol on the Status of Refugees (New York, 1967), as well as other obligations under the relevant international agreements, shall be without prejudice to this Agreement.
(1) This Agreement shall enter into force 30 days after the date of exchange of notes confirming that the national conditions for its entry into force have been fulfilled.
(2) This Agreement shall be concluded for an indefinite period. Each Contracting Party may denounce the Agreement in writing by diplomatic means. In such a case, the Agreement shall cease to apply 90 days after receipt of the notice.
Dane in Prague on 25 January 1994, in two original copies, each in the Czech and Romanian languages, the two texts being equally authentic.
For the Government of the Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Government of Romania:
Lt-Gen George Ioan Danescu v. r.
Minister of Interior
ARRANGEMENTS
between the Ministry of the Interior of the Czech Republic and the Ministry of the Interior of Romania for the implementation of the Agreement between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the other State of 25 January 1994
Article 8 The agreements between the Government of the Czech Republic and the Government of Romania on the transfer and reception of persons whose entry or residence is illegal in the territory of the second State of 25 January 1994 (hereinafter referred to as "the Agreement ') were agreed as follows:
1.
1.1. Citizenship shall be deemed to be established on the basis of the following documents issued by the competent authorities of the two States:
- citizenship certificates,
- all kinds of passports and other travel documents,
- the identity cards and documents replacing them,
- military books.
Furthermore, Romanian citizenship shall be deemed to be established by:
- a maritime book,
- a flight crew service pass.
1.2. Citizenship is considered likely on the basis of:
- other military documents certifying the jurisdiction of a person to the armed forces of the Czech Republic or Romania,
- driving licences,
- birth or marriage certificates,
- employer's cards,
- insurance documents,
- a statement by the person concerned,
- witness statements,
- the language the person uses.
Citizenship within the meaning of points 1.1 and 1.2 of this Arrangement shall be deemed to have been proven until the requested Contracting Party denies it.
1.3. Where the requesting Contracting Party considers the citizenship of the persons concerned likely under point 1.2 of this Arrangement, it shall communicate in writing (by fax) to the other Contracting Party as far as possible the following information:
- name and surname,
- the day, month, year and place of birth,
- the address of the last residence in the home State,
- personal documents, number, authority, place and date of issue,
- the proposed place and date of transfer of the person.
The requested Contracting Party shall send a written reply to the requesting Contracting Party as soon as possible.
2.
The notification of the transfer of a person, in addition to the information referred to in point 1.3 of this Arrangement, shall also include a description of the health status and recommendations of the necessary medical or other care.
3.
Permanent residence within the meaning of Article 3 The Agreement shall be certified as follows:
in the Czech Republic
travel passport of a foreigner marked with permanent residence or ID card
Romania
foreign passport with valid Romanian residence visa and residence permit.
4.
4.1. The body responsible for implementing Articles 1 - 3 The Agreement is in the Czech Republic
Directorate Foreign and Border Police Services Address: Olšansská 2
mailbox 78
130 51 Praha 3
Fax: 00422 / 6919468
Telephone: 00422 / 33541826 on working days from 8.00 am to 16.00 pm
00422 / 2368941 in other times,
Romania
Main passport administration and border police
Directia Generálá de Pasapoarte si a Politiei de Frontiera
Address: Nicolae Iorga 29
Sectorul 1
7,000 Bucharest
Fax: 00401 / 3121500
00401 / 3110155
Telephone: 00401 / 6596611
telex: 00401 / 0888384.
4.2. The transfer and takeover of persons will take place at the following border crossing points:
in the Czech Republic
(a) Jablónkov - Svrčinovec (railway)
(b) Upper Bečva - Makov
c) Upper Lidech - Loky (railway)
(d) Brumov-Byrnice - Horny Srnie
e) Old Hrozenkov - Drietema
f) Pages - Moravian Liesky
g) Great above the Great - Vrbovce (railway)
h) Sudoměřice - Skalica (railway)
ch) Hodonin - Halich
(i) Lanžhot - Kouty
(j) Prague - Ruzyně,
Romania
a) Bucharest - Otopeni
(b) Nadlac
(c) Borsh
(d) Warsaw
(e) Curtici (railway).
5.
5.1. Authorities responsible for implementing the provisions of Articles 4 - 6 The agreements are listed under point 4.1 of this Arrangement.
5.2. The request for police transit (see Annex 1) containing the information provided for in Articles 4 to 6 of the Agreement and the reply thereto shall be made in writing.
The application shall also include information on whether special precautions will be taken against the person accompanying him and whether he or she requires medical or other care.
5.3. The transfer and takeover of persons on police transit will take place on the basis of a protocol at the border crossing points referred to in point 4.2 of this Arrangement.
6.
6.1. In accordance with Article 7 (2) The Agreement will be referred to the bank account of the Ministry of the Interior of the other Contracting Party. The competent financial authorities of the Ministry of Interior shall determine the details of the payments and shall carry out an analysis once a year of the way in which the mutual accounting is carried out, in both cases on a protocol basis.
6.2. The Contracting Parties shall take measures to ensure appropriate and least expensive police transit. In this context, the Parties shall take into account the terms and conditions of each specific police transit, taking into account the security of persons and property.
7. The competent authorities of the Contracting Parties shall use their official language when implementing the Agreement and this Arrangement, unless otherwise agreed.
8. If necessary, meetings of designated experts (experts) may be held at the request of one Contracting Party.
9. This Arrangement may be amended with the agreement of both Parties.
10. The competent authorities of the Contracting Parties shall immediately inform each other in writing of changes to their names, addresses, fax numbers and telephone numbers.
11. This Agreement shall enter into force at the same time as the Agreement between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the other State of 25 January 1994. The Arrangement shall expire at the same time as the expiry of this Agreement.
Dane in Prague on 25 January 1994 in two original copies, each in the Czech and Romanian languages, the two texts being equally authentic.
For the Ministry of Interior of the Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Ministry of the Interior of Romania:
Lt-Gen George Ioan Danescu v. r.
Minister of Interior
Příloha č. 1
Annex No 1
APPLICATION
on the police passage of a stranger
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 148 / 1994 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Romania on the surrender and acceptance of persons whose entry or residence is illegal in the territory of the second State and the Arrangement between the Ministry of Interior of the Czech Republic and the Ministry of Interior of Romania for the implementation of the Agreement between the Government of the Czech Republic and the Government of Romania on the transfer and acceptance of persons whose entry or residence is illegal in the territory of the second State of 25 January 1994 |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.07.1994 |
|---|---|
| Effective from | 26.05.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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