Communication from the Ministry of Foreign Affairs No. 157 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Federal Republic of Germany on the facilitation of border handling in rail, road and water transport
Valid
International Treaty
Effective from 01.06.1996
Text versions:
05.06.1996
157
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 19 May 1995 a Treaty was signed in Furth im Wald between the Czech Republic and the Federal Republic of Germany to facilitate border handling in rail, road and water transport.
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it. The instruments of ratification were exchanged in Prague on 29 March 1996.
The Treaty entered into force on 1 June 1996 pursuant to Article 28 (2) thereof.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Federal Republic of Germany on the facilitation of border handling in rail, road and water transport
Czech Republic and Federal Republic Germany, guided by the intention to facilitate border handling in rail, road and water transport between the two states, agreed as follows:
General provisions
(1) The Contracting Parties shall take all necessary measures to facilitate and accelerate border handling in rail, road and water transport between the two States.
(2) A border clearance post of one Contracting Party or personnel of such places may carry out border clearance operations in the sovereign territory of the other Contracting Party in accordance with paragraph 3.
(3) The competent authorities of the Contracting Parties shall determine by means of an arrangement in which cases the border clearance of one Contracting Party in the sovereign territory of the other Contracting Party will be carried out and the area to which it will be carried out. They may agree on border clearance during the journey on the train and on ships on specified routes as well as the establishment of forward border clearance posts of one Contracting Party in the sovereign territory of the other Contracting Party.
(4) The Contracting Parties reserve the right, in exceptional cases, to transfer control from a territorial State back to their own sovereign territory in the short term and temporarily. The Territorial State shall be informed of such movements as is possible in advance.
Within the meaning of this Treaty:
(a) "border clearance" means the implementation of all provisions of the Contracting Parties to be applied when crossing national borders by persons and when importing, exporting and transit goods, including means of transport or values subject to foreign exchange rules;
(b) "territorial State" means the State in whose territory the other Contracting Party shall establish a forward border ramp or otherwise allow border clearance to be carried out by its personnel;
(c) "neighbouring State" means the other Contracting Party;
(d) "workers" means persons who, as staff of the authorities responsible for border handling, perform duties at pre-border border checkpoints or means of transport during the journey, as well as persons responsible for official supervision;
(e) "space" means the area of a territorial State in which the personnel of a neighbouring State are authorised to carry out border clearance operations.
(1) The rules of the neighbouring State under this Treaty shall apply in the territorial State for border clearance of personnel of the neighbouring State. In others, the law of the territorial state applies.
(2) Official acts carried out by staff of a neighbouring State in the area determined in accordance with Article 1 (3) shall be deemed to have been carried out in the municipality of the neighbouring State in whose territory the border crossing concerned is located.
(3) If there are infringements of the rules of the neighbouring State referred to in Article 2 (a) in this area, they shall be deemed to have been committed in the municipality referred to in paragraph 2.
(1) The border clearance of the exit State is carried out before the border clearance of the entry State, unless Article 5 applies.
(2) After the start of border clearance, the staff of the exit State may start border handling of persons and goods, including other values subject to foreign exchange regulations, which have already been cleared by the exit State staff. This applies even if the exit state has abandoned border clearance.
(3) After the start of border clearance, the personnel of the Member State of entry referred to in paragraph 2 shall no longer carry out border clearance operations. However, if, after the start of the entry clearance of suspected criminal offences or if it is subsequently found that a person for whom an alert is issued for detention or which must be secured is located in an area, the workers of the exit State, with the agreement of the entry State, are entitled to carry out or restart border clearance operations subsequently.
The staff of the Contracting Parties may, by mutual agreement, derogate from the order laid down in Article 4 (1) where this is in the interest of rapid border clearance. In such exceptional cases, nationals of the Member State of entry may be detained or detained or goods seized only after the border clearance of the workers of the State of exit has been completed. If they wish to take such a measure, they shall present such persons, including goods and other values subject to foreign exchange regulations, to the workers of the State of exit, provided that the border handling of such persons and goods by the workers of the State of exit is not completed. If the workers of the State of exit wish to carry out detention, detention or seizure themselves, they shall have priority. Article 7 shall be without prejudice to.
Workers of a neighbouring State may apply in a territorial State all the provisions of their State on border clearance, including provisions on the relevant authorisations, in the same way, to the same extent and with the same consequences as in their own State, unless otherwise provided for in this Treaty.
(1) The rights referred to in Article 6 include the right of detention, detention and return and the right of transfer to a neighbouring State. However, workers of a neighbouring State shall not be entitled to hold, secure, held in custody or transport nationals of a territorial State in its sovereign territory. However, these persons may be obliged to present to their own forward border ramp or, if there is no such, to the border ramp for a written record of the state of the case.
(2) The measures referred to in paragraph 1 shall require the immediate admission of a territorial worker.
(3) The asylum law of the territorial State is not affected.
(1) On routes leading from the sovereign territory of the neighbouring State to its forward border clearance points in a territorial State intended for the cross-border transport of persons and goods, the rules on border clearance of the two States shall apply, with the application of the rules of the exit State before the entry State.
(2) Compliance with the rules of both States must be supervised by the competent border ramp post of the territorial State. In the event of a breach of these rules, detained or seized persons and goods seized, as well as values subject to foreign exchange regulations, shall be transmitted first by border clearance units of the exit State to carry out border clearance operations. Article 7 shall be without prejudice to.
Persons who are not authorised to cross national borders by the staff of the Member State of entry shall not be prevented from returning to the State of exit. If necessary, these persons shall be returned to the workers of the exit State by forced means.
(1) The relevant border clearance posts of the Contracting Parties shall mutually support each other in the context of border handling under this Treaty. They shall also exchange personal data where their transmission is necessary for the execution of border clearance.
(2) Where personal data are transmitted under this Treaty in accordance with national law, the following provisions shall apply:
(a) the use of data by the recipient is only permitted for that purpose and under the conditions laid down by the transmitting Contracting Party;
(b) the consignee shall, upon request, inform the transmitting Contracting Party of the use of the data transmitted and of the results obtained;
(c) personal data may be transferred exclusively to the competent border clearance units; and
- in the Czech Republic, the law enforcement authorities,
- in the Federal Republic of Germany, criminal prosecutions and criminal courts.
Further transfers to other locations may take place only with the prior consent of the transferring point;
(d) the transmitting Contracting Party shall ensure the accuracy of the data to be transmitted as well as their necessity and proportionality in relation to the purpose for which the data are transmitted. In doing so, the prohibitions on the transmission of data laid down in the relevant national law should be respected. Where it is found that incorrect data or data which were not to be transmitted have been transmitted, this shall be communicated to the recipient without delay. This is required to repair or destroy the data;
(e) the person concerned should be provided, upon request, with information on the data existing to him and the intended purpose of his or her use. The obligation to provide such information shall not be imposed if it is considered that the public interest in not providing such information outweighs the interest of the person concerned in its communication. Otherwise, it shall be governed by the right of the person concerned to provide information on its existing national law of the Contracting Party in whose territory the information has been requested;
(f) the transmitting Contracting Party shall, at the time of transmission of the data, draw attention to the time limits for the deletion of such data provided for by its law. Irrespective of these deadlines, the personal data transmitted must be deleted as soon as the reason for their transmission has elapsed;
(g) the parties are obliged to keep records of the transfer and receipt of personal data;
(h) the parties are obliged to protect effectively the personal data transmitted against unauthorised access, unauthorised changes and unauthorised notification.
(3) If, as a result of the transfer of data under this Treaty, a person is harmed by an infringement, liability for damage shall be borne by the receiving Party under its national law. In relation to the injured party, it cannot be invoked that the damage was caused by the donor party.
Legal status of neighbouring State workers
The personnel of a neighbouring State may attend a border clearance post where they carry out their official activities in a territorial State on the basis of a photo-bearing service card.
Workers of a neighbouring State who, under this Treaty, perform their duties in a territorial State may wear uniform and a service weapon in the performance of their duties and carry with them service dogs. They shall only use the weapon in the territorial state in case of necessary self-defence.
(1) The criminal provisions of a territorial State for the protection of its workers shall also apply to offences against workers of a neighbouring State in the performance of a service in or in connection with a territorial State.
(2) Crimes committed by officials of a neighbouring State in a territorial State shall be immediately notified to the superior service authority of such officials through the competent authority of the territorial State.
(1) Claims for compensation caused by workers of a neighbouring State in the performance of their services or in connection with such services in a territorial State shall be subject to the law of the neighbouring State and shall be brought before its courts. Nationals of a territorial State shall be treated in such terms as nationals of a neighbouring State.
(2) Where a worker of a neighbouring State is killed or injured in the course of, or in connection with, his or her service in a territorial State, or where the item which he or she carries carries, is damaged or destroyed, claims for compensation shall be assessed under the law of the neighbouring State.
(3) The decision on claims for damages referred to in paragraph 2 shall be taken by the courts of the Contracting Party in whose territory the conduct of the eligible damage or in which the pest is resident. The court in whose jurisdiction the appellant has his permanent residence shall also be responsible.
(1) All items intended for official use imported or exported by officials of a neighbouring State operating in a territorial State shall be exempt from customs duties and other charges.
(2) Customs duties and other charges shall also be exempt from personal goods, including food, which are carried by workers on their way to and from the service and which they need during their professional stay in the territorial State.
(3) Service vehicles and own vehicles by which the workers of a neighbouring State go to a territorial State and return to the neighbouring State are not subject to customs duties and other charges while maintaining the relevant control measures. The security of the customs debt shall not be required.
(4) The prohibitions on imports and exports, as well as the import and export restrictions, do not apply to the articles and vehicles referred to in paragraphs 1 to 3.
(1) Workers of a neighbouring State who regularly operate in a territorial State under this Treaty must be reported in writing, prior to secondment, to the relevant border clearance units of the territorial State, indicating the dates of birth and the duties.
(2) Each Contracting Party shall, at the request of the other Contracting Party, exclude or withdraw its personnel from the service in its sovereign territory.
Legal status of forward border checkpoints of a neighbouring State in a territorial State
(1) The Contracting Parties shall grant their advance border clearance units all authorisations necessary for border clearance; the check-in authorisation for the movement of goods is governed by operational needs.
(2) The clearance and operating times of the border clearance points of both parties should be brought to maximum compliance.
The premises and rooms designated for the border clearance post of a neighbouring State shall be marked with official labels and sovereign marks. The service rooms of the neighbouring State must be marked in the Czech and German languages.
The forward border ramp posts shall have the right to maintain order on the premises allocated for the exclusive use and to report persons interfering with order. The competent authorities and the personnel of the territorial State shall assist them in this at their request.
Articles intended for the service needs of forward border clearance posts shall be exempt from customs duties and other charges on entry and re-exit. They shall also not be subject to import and export bans and import and export restrictions.
(1) Service letters and service packages, as well as service cash and valuable consignments, which are intended for, or sent to, a pre-border ramp post in the neighbouring State, may be carried out by personnel of a neighbouring State without a postal service and exempt from postal charges.
(2) Such consignments shall be subject to border control of the territorial State only if they are suspected of committing crime. This check must be carried out by the staff of the neighbouring State.
(3) In order to prevent abuse, consignments should be stamped with the official stamp of the sending service authority.
The amounts of money officially collected at border check-in by personnel of a neighbouring State in a territorial State, or the amounts of money officially imported there, as well as goods seized or seized by them, including other values subject to foreign exchange regulations, may be transferred to a neighbouring State.
(1) The territorial State authorises the free establishment and operation of telecommunications equipment required exclusively for the operation of forward border checkpoints and border handling in means of transport while travelling, including electronic data-processing equipment, and their connection to the relevant facilities of the neighbouring State. Any costs of building or renting such facilities shall be borne by the neighbouring State. The operation of these facilities is considered to be the internal operation of a neighbouring State.
(2) Except in the cases referred to in paragraph 1, the provisions of both Parties on the establishment, maintenance and operation of telecommunications equipment, including electronic data-processing equipment, shall be without prejudice.
(3) The competent authorities of the Contracting Parties shall coordinate with each other the necessary measures referred to in paragraph 1.
(1) Entrepreneurs of a neighbouring State as well as their staff may carry out all services related to border clearance which they are authorised to provide in the neighbouring State at forward border clearance points. The provision of such services shall be governed by the law of the neighbouring State.
(2) For the entrepreneurs and their personnel referred to in paragraph 1, special business and labour permits of a territorial State are not required.
(3) The competent authorities of the Contracting Parties may adapt the technical conditions for the provision of services to entrepreneurs in the territorial State, taking into account the local conditions in the arrangements for the implementation of border handling of one Contracting Party in the sovereign territory of the other Contracting Party.
(4) The competent authorities of the territorial State shall decide, in agreement with the competent authorities of the neighbouring State, in which cases and to what extent they shall be granted to such entrepreneurs for the payment of office or land for the establishment of office buildings at individual border clearance points.
Provision of service and accommodation facilities
(1) The competent authorities of the Contracting Parties shall determine by mutual agreement:
(a) the service premises and facilities required for the border clearance post of a neighbouring State;
(b) the share of construction costs to be paid for their construction and, where appropriate, the rent, as well as the cost of operating such as lighting, heating and cleaning.
(2) The railways of a territorial State are obliged to comply with the request of a neighbouring State to provide service and accommodation facilities and other services for border clearance personnel of a neighbouring State for a remuneration to be negotiated.
(3) Railways and water transport operators are obliged to carry free of charge border handling personnel while travelling and to provide them with the necessary train sections or cabs free of charge.
Final provisions
Differences concerning the interpretation or implementation of this Treaty shall be addressed by the competent authorities of the Contracting Parties. If the competent authorities fail to settle these differences, they shall be addressed, if possible, by the Contracting Parties.
The competent authorities of the Contracting Parties may directly coordinate the organisational measures necessary for its implementation under this Treaty.
(1) This Treaty is subject to ratification. The instruments of ratification will be exchanged in Prague, as soon as possible.
(2) This Treaty shall enter into force on the first day of the third month following the month in which the instruments of ratification have been exchanged.
(3) This contract is concluded for an indefinite period. It may be denounced in writing at any time. The denunciation shall take effect 12 months after the date on which it was delivered to the other Contracting Party by diplomatic channels.
Done at Furth im Wald on 19 May 1995 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Federal Republic of Germany:
Dr Theo Waigel v. r.
Federal Minister for Finance
Dr Hartmut Hillgenberg v. r.
Ministerial Director
Foreign Office of the Federal Republic of Germany
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 157 / 1996 Coll., on the Agreement between the Czech Republic and the Federal Republic of Germany on the facilitation of border handling in rail, road and water transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.1996 |
|---|---|
| Effective from | 01.06.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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