Decree of the Ministry of Foreign Affairs No. 16 / 1969 Coll.
Decree of the Ministry of Foreign Affairs on the Convention on the Transit Trade of Inland States
Valid
Effective from 07.09.1967
16
DECLARATION
Ministry of Foreign Affairs
of 27 December 1968
concerning the Convention on the Transit Trade of Inland States
On 8 July 1965, the Convention on the Transit Trade of Inland States was negotiated in New York.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 10 December 1965.
The President of the Republic ratified the Convention and the instrument of ratification was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 8 August 1967.
The Convention entered into force on 9 June 1967 pursuant to Article 20 (1) thereof. It entered into force for the Czechoslovak Socialist Republic pursuant to Article 20 (2) on 7 September 1967.
The Czech translation of the Convention is being announced simultaneously.
A certified copy of the Convention is stored in the archives of the Ministry of Foreign Affairs.
Minister:
v. Ing. Kohout v. r.
CONVENTION
on the transit trade of inland States
Preamble
Member States of this Convention
Recalling that Article 55 of the Charter of the United Nations calls for the United Nations to create the most favourable conditions for economic progress and solutions to international economic problems,
Recognising that Resolution 1028 (XI) on Inland Countries and the extension of international trade, which recognises... "the need for inland countries to have adequate means of transit if international trade is encouraged" encourages the governments of the Member States to "fully recognise the needs of inland Member States in the field of transit trade and, as a consequence, provide them with adequate opportunities in this respect under international law and practice, bearing in mind future needs arising from the economic development of inland countries,"
Recalling Article 2 of the High Sea Convention, which states that, since the high seas are open to all states, no State can make valid claims to subject any part of it to its sovereignty, and Article 3 of the said Convention, which reads:
"1. In order to enjoy the freedom of the sea under the same conditions as coastal states, inland states should have free access to the sea. To this end, States between the sea and the inland State shall provide, in common agreement with it and in accordance with the international conventions in force:
(a) free transit through their territory to the inland State on the basis of reciprocity;
(b) vessels flying the flag of that State shall have the same treatment as their own ships or ships of any other State as regards access to and use of seaports.
2. The States between the sea and the inland State will deal with all issues relating to the freedom of transit and equal treatment in ports if those States would no longer be parties to the international conventions in force ',
reaffirming the following principles adopted by the United Nations Conference on Trade and Development, with the understanding that these principles are related to each other and that each one of them is to be interpreted according to the others:
First principle
Recognition of the right of every inland state to free access to the sea is a necessary principle for expanding international trade and economic development.
Second principle
Vessels flying the flag of an inland State shall have the same rights in territorial and internal waters and shall be treated in the same way as coastal vessels, except that of a territorial State.
Third principle
In order to enjoy the freedom of the sea under the same conditions as coastal states, inland states must have free access to the sea. To this end, States lying between the sea and the inland State, in common agreement with it and in accordance with the international conventions in force, shall grant to ships flying the flag of that State the same treatment as their own ships or ships of any other State as regards access to or use of seaports.
Fourth principle
In order to fully support the economic development of inland states, all other states will, on reciprocity, allow them the right to free and unrestricted transit in such a way that they have free access to regional and international trade in all circumstances and for all goods.
Goods in transit shall not be subject to clearance obligations.
The means of transport in transit shall not be subject to special taxes or charges higher than those imposed on the use of the means of transport of the transit State.
Fifth principle
A transit State maintaining full sovereignty over its territory has the right to take all necessary measures to ensure that the application of the right of free and unrestricted transit does not in any way affect its legitimate interests of any kind.
Sixth principle
In order to accelerate developments towards a general solution to the specific and individual problems of trade and the development of inland states in different geographical areas, all States will support the conclusion of regional and other international agreements in this respect.
Seventh principle
The advantages and special rights granted to the inland States due to their specific geographical location shall be excluded from the scope of the most favourable clause.
Eighth principle
The principles governing the right of inland States to free access to the sea shall not in any way invalidate or impede the agreements in force concerning these problems, between two or more Contracting Parties, as regards the conclusion of such agreements in the future, provided that they do not create a regime which is less favourable than or contrary to the above provisions,
they have agreed as follows:
Definitions
Under this Convention:
(a) "Inland State" means a Contracting State which does not have a sea coast;
(b) "transit" means the transit of goods, including unaccompanied baggage, through the territory of a Contracting State between the inland State and the sea, if the transit is part of the overall journey which begins or ends in the territory of that inland State and which includes sea transport directly preceding or following such transit. The transhipment, storage, unloading and re-loading and the change in the mode of transport of goods as well as the assembly, disassembly or reassembly of machinery and large goods shall not preclude the transit of goods from the definition of "transit transport 'provided that any such operation is undertaken solely to facilitate transport. Nothing in this paragraph shall be construed as imposing an obligation on any Contracting State to establish or authorise the establishment in its territory of permanent equipment for such assembly, disassembly or reassembly;
(c) under the term "transit State" means any Contracting State, situated between the inland State and the sea, whether or not it has a coast of the sea and through whose territory "transit transport" passes;
(d) "means of transport" means:
(i) all rail, sea and river vessels and all road vehicles;
(ii) when required by local situations, carriers and towing animals;
(iii) if agreed upon by the relevant Contracting States, other means of transport as well as pipelines and pipelines;
where they are used for transit as defined in this Article.
Freedom of transit
1. Freedom of transit shall be ensured in accordance with the provisions of this Convention for transit and means of transport. Subject to other provisions of this Convention, the measures taken by the Contracting States to manage and carry out traffic through their territory shall facilitate transit on usual routes mutually acceptable to transit for the respective Contracting States. In accordance with the provisions of this Convention, no distinction shall be made with regard to the place of origin, exit, entry and exit or destination of the goods or any circumstances relating to the ownership of goods or property, the place of registration or the flag of ships, road vehicles or other means of transport used.
2. The rules on the use of means of transport which pass through a part or whole territory of another Contracting State shall be laid down by common accord of the Contracting States concerned, taking into account the multilateral international conventions to which those States acceded.
3. Each Contracting State shall, in accordance with its laws, regulations and regulations, permit transit through its territory or access to its territory to persons whose journey is necessary for transit.
4. Contracting States shall permit transit through their territorial waters in accordance with the principles of common international law or the provisions of the relevant international conventions, as well as their national provisions.
Customs duties and special transit charges
Transit services shall not be subject to customs duties or any other tax or charge levied on imports or exports in the territory of the transit State or to a special charge in connection with transit. However, in the case of such transit services, fees intended solely for the payment of the surveillance and administrative expenses incurred by such transit may be levied. The rate of any such fees shall correspond as far as possible to the costs to be covered and, subject to this condition, such fees shall be imposed only under the conditions of equality laid down in Article 2 (1).
Means of transport and tariffs
1. The Contracting States undertake, as far as possible, to provide at the points of entry and exit and, where requested, at the points of translation, the corresponding means of transport and handling equipment in such a way that transit transport takes place without undue delay.
2. The Contracting States undertake to provide for transit for the use of equipment operated or managed by the State, tariffs or charges in order to be fair, both in terms of terms of transport conditions and trade competition, both in terms of size and manner of use. These tariffs or charges shall be fixed in such a way as to facilitate as much transit as possible and shall not exceed the tariffs or charges laid down by the Contracting States for the carriage of goods through their territory from countries with access to the sea. The provisions of this paragraph shall also apply to the rates and charges required for transit operations for the use of equipment operated or managed by undertakings or individuals where rates or charges are determined or controlled by a Contracting State. Under the term "equipment" means means of transport, port facilities and roads for which taxes or charges are levied.
3. In the event that monopoly haulage services are set up on the waterways used for transit, the organisation of such services must be organised in such a way as not to make it difficult for ships to sail.
4. The provisions of this Article shall be applied under conditions of equality as defined in Article 2 (1).
Methods and documentation concerning customs, transport, etc.
1. The Contracting States undertake to apply such administrative and customs measures as allow free, uninterrupted and smooth transit. If necessary, they shall enter into negotiations to agree on measures to ensure and simplify this transit.
2. The Contracting States undertake to use simplified documentation and accelerated procedure for customs, transport and other administrative procedures relating to transit operations for the entire transit journey on their territory, including transhipment, storage, unloading and re-loading and changes to the mode of transport, if they occur during such a journey.
Storage of goods
1. Conditions for the storage of transit goods at points of entry, exit and travel points in transit States may be laid down by agreements between the Member States concerned. Transit States shall provide at least as favourable storage conditions as they provide goods exported or imported to their own country.
2. Rates and charges shall be determined in accordance with Article 4.
Delay or difficulty in transit
1. Except in cases of force majeure, Contracting States shall take all measures necessary to prevent any delay or restriction of transit.
2. If there are delays or other difficulties in transit, the competent authorities of the transit State (s) and of the inland State (s) will cooperate in their rapid elimination.
Free zones and other customs concessions
In order to facilitate transit, it will be possible to establish free zones or other customs concessions in entry and exit ports in transit States by agreement between those States and the inland States.
Benefits of this nature may also be granted to inland States in other transit States which do not have sea coasts or seaports.
Granting greater benefits
This Convention does not in any way entail the withdrawal of greater benefits for transit than those resulting from it and which have been granted under conditions compatible with its principles and agreed between or awarded by the Contracting States. The Convention also does not in any way prohibit States from providing such greater benefits in the future.
Relationship to the most favourable clause
1. The Contracting States agree that the advantages and special rights granted by this Convention to the Inland States with regard to their specific geographical location are excluded from the effectiveness of the most-favoured-nation clause. An Inland State which has not acceded to this Convention may claim benefits and special rights granted to the Inland States under this Convention only on the basis of the most-favoured-nation clause contained in a contract between such an Inland State and a Contracting State providing such special rights and benefits.
2. Where a Contracting State grants to an Inland State advantages or special rights greater than those foreseen by this Convention, such advantages or special rights may be limited to that Inland State, unless the failure to grant such advantages or special rights to another Inland State would be contrary to the most-favoured-nation clause negotiated in a contract between that other Inland State and the Contracting State providing such advantages or special rights.
Exemptions from the Convention on grounds of public health, safety and protection of intellectual property
1. None of the Contracting States shall be bound by this Convention to permit the transit into its territory of persons who are prohibited or the transit of goods of a kind whose importation is prohibited, whether for reasons of morality, health or safety, or as preventive measures against animal or plant diseases or diseases.
2. Each Contracting State shall have the right to take the provisional and necessary measures to ensure that persons and goods, in particular goods subject to a monopoly, are actually in transit and that means of transport are actually used for the transport of such goods as well as to protect the safety of transport routes and vehicles.
3. This Convention shall not affect in any way the measures which a Contracting State may consider necessary under the provisions of the General International Convention, whether of a global or regional nature to which it is a party, whether such a Convention has already been concluded at the time of the conclusion of this Convention or whether it is concluded at a later date if such provisions concern:
(a) the export, import or transit of certain goods, such as narcotics, other dangerous drugs or weapons; or
(b) the protection of industrial, literary and artistic property or the protection of the commercial name, the provenance of the goods or the designation of their origin and the suppression of unfair competition.
4. This Convention shall in no way prevent any Contracting State from taking any necessary measures to protect its life interests relating to its security.
Exceptions in case of emergency
Exceptionally, and for as short as possible, general or special measures may be taken, derogating from the provisions of this Convention, to which the Contracting State would be obliged to accede in the event of an emergency affecting its political existence or security, and the principle of freedom of transit must always be maintained to the greatest extent possible at that time.
Application of the Convention at a time of war
This Convention does not lay down the rights and obligations of warring and neutral parties at the time of war. However, the Convention will remain in force at the time of war if it is compatible with their rights and obligations.
Commitments under the Convention and the rights and obligations of members of the United Nations
This Convention does not impose any obligation on any Contracting State contrary to its rights and obligations as a member of the United Nations.
Reciprocity
The provisions of this Convention shall be implemented on the basis of reciprocity.
Dispute settlement
1. Any dispute which would arise concerning the interpretation or implementation of the provisions of this Convention and which could not be resolved by negotiation or other amicable means within a period of nine months shall be brought before arbitration at the request of either Party. The arbitration panel shall be composed of three members. Each Party in the dispute will appoint one member of the Commission, while the third member of the Commission, who will be chairman, will be selected by common agreement between the Parties. If the parties disagree to appoint a third member within a period of three months, that member shall be appointed President of the International Court of Justice. If either party fails to make an appointment within three months, the President of the International Court of Justice shall make the necessary or necessary appointment.
2. The arbitration panel shall decide on the questions to be submitted to it by a simple majority and its decisions shall be binding on the Parties.
3. The arbitration panel or other international bodies responsible for resolving disputes under this Convention shall, through the Secretary-General of the United Nations, inform the other Contracting States of the existence and nature of the disputes and the conditions under which they are resolved.
Signature
This Convention shall be open for signature by 31 December 1965 at the latest to all States that are members of the United Nations or of certain professional organisations or States which are members of the Statute of the International Court of Justice and any other State which will be invited by the General Assembly of the United Nations to become a Contracting Party to this Convention.
Ratification
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Access
This Convention shall be open to access to any State belonging to one of the four categories referred to in Article 17. The instruments of access shall be deposited with the Secretary-General of the United Nations.
Entry into force
1. This Convention shall enter into force on the 30th day following the date of deposit of the instruments of ratification or accession of at least two inland States and two transit maritime States.
2. For each State which ratifies or accedes to the Convention after the deposit of the instruments of ratification or accession necessary for the entry into force of this Convention in accordance with paragraph 1 of this Article, the Convention shall enter into force on the 30th day following the deposit by that State of its instrument of ratification or accession.
Revision
At the request of one third of the Contracting States and with the agreement of a majority of the Contracting States, the Secretary-General of the United Nations shall convene a conference to revise the Convention.
Notification obligation of the Secretary-General
The Secretary-General of the United Nations shall inform all States belonging to one of the four categories referred to in Article 17:
(a) the signatures of this Convention and the deposit of instruments of ratification or accession pursuant to Articles 17, 18 and 19;
(b) the date on which this Convention enters into force pursuant to Article 20;
(c) requests for revision pursuant to Article 21.
Authentic version
The original of this Convention, the English, Chinese, French, Russian and Spanish versions of which are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send its certified copies to all States belonging to one of the four categories referred to in Article 17.
To prove this, signed agents, would duly be empowered by their governments to sign this Convention.
Dane at the United Nations headquarters, New York, 8 July 1965.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 16 / 1969 Coll., on the Convention on Transit Trade of Inland States |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.1969 |
|---|---|
| Effective from | 07.09.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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