Decree No 169 / 1971 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and on passport, customs and other control at the crossing of state borders
Valid
Effective from 05.08.1971
169
DECLARATION
Minister for Foreign Affairs
of 24 September 1971
on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and on passport, customs and other control at the crossing of state borders
On 21 December 1970, the Treaty was signed in Prague between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and passport, customs and other control at the crossing of state borders.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Berlin on 5 August 1971.
Pursuant to Article 19 of the Treaty, the Treaty entered into force on 5 August 1971.
The Czech version of the Treaty is hereby published at the same time.
First Deputy Minister:
Ing. Kurka v. r.
TREATY
between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and on passport, customs and other control at the crossing of state borders
President of the Czechoslovak Socialist Republic and State Council of the German Democratic Republic
led by the desire to extend and deepen cooperation between the two States in the field of transport in accordance with the principles of cooperation of the member countries of the Council of mutual economic assistance, with a view to more efficient and cost-efficient transport of persons and costs in mutual and transit transport,
in order to achieve closer cooperation in the provision of services and mutual assistance and to achieve a comprehensive development and rational use of both States' means of transport and equipment,
have decided to conclude this contract and to this end have appointed their agents
President of the Czechoslovak Socialist Republic
Jana Marko, Minister of Foreign Affairs,
State Council of the German Democratic Republic
Otto Winzer, Minister of Foreign Affairs,
who agreed as follows:
Principles of cooperation in the field of transport
1. The Parties agree to further develop cooperation in the field of rail, road, civil aviation, maritime and inland waterway transport, as well as cooperation in the field of transport through maritime ports, while providing mutual support.
2. Transport between the Czechoslovak Socialist Republic and the German Democratic Republic, as well as transit services from both Contracting Parties, may be involved in any means of transport permitted for the transport of persons and costs within the territory of one of the Contracting Parties. Means of transport admitted to the territory of a third State and used by one of the Contracting Parties may participate in such transport, provided that the legislation of the other Contracting Party so permits.
3. The scope and conditions of mutual and transit transport shall be negotiated by the competent authorities of the Contracting Parties.
1. The Contracting Parties shall grant each other the greatest possible relief in carrying out transit operations from third and third States, as well as from sea and river ports, to sea and river ports, and shall create appropriate conditions to promote transit.
2. The Contracting Parties consider West Berlin to be a separate political unit and will follow this principle when carrying out transport.
In particular, the Parties will:
(a) broaden and deepen cooperation, in particular by specialising and dividing work;
(b) make it possible to achieve high economy by using the most efficient modes of transport for the two states and the most rational transport routes in mutual and transit transport, paying particular attention to the main direction of technical development of transport;
(c) to significantly facilitate and simplify transport across national borders in order to further develop transport;
(d) coordinate the construction of transport facilities to carry out the tasks arising from transport plans.
When carrying out transport, including from sea and river ports, as well as to sea and river ports, the Contracting Parties shall respect each other's principle of greatest advantages.
1. Each Contracting Party reserves the right to transport of persons and of costs where transport is carried out exclusively within its territory.
2. Each Contracting Party shall reserve the right to transport of persons and goods where transport within its territory begins and ends in the territory of the other Contracting Party.
3. The competent authorities of the Contracting Parties may mutually agree on the use of means of transport and other transport equipment to carry out transport and the related transport performance of one Contracting Party in the territory of the other Contracting Party.
The Contracting Parties shall, on the basis of the principle of reciprocity and on the basis of the legislation of the beneficiary State, grant each other the right to establish and maintain in the territory of the other Contracting Party the representation of individual carriers and, where appropriate, of other transport organisations involved.
Cooperation in the exercise of control over persons, goods and means of transport crossing national borders into rail, road and river transport
1. Passport and customs control of persons, goods and means of transport, as well as veterinary and phytoquarantine checks at national borders between the Czechoslovak Socialist Republic and the German Democratic Republic in rail, road and river transport - hereinafter referred to as "control" - shall be carried out jointly by the competent authorities of the two Contracting Parties, as provided for in this Treaty.
2. The railway traffic check shall be carried out at designated railway stations in the territory of one of the Contracting Parties or during the journey of the train in the designated sections of the railway lines in the territory of both Contracting Parties.
3. Road traffic control shall be carried out at designated points within the territory of one or both Contracting Parties.
4. A check in river transport shall be carried out at designated ports of one of the Contracting Parties or on the waterways sections of one or both Contracting Parties.
1. The authorities of one Contracting Party shall exercise control in the territory of the other Contracting Party under the law of their State with the same legal consequences as in the exercise of that activity in the territory of their State.
2. Each Contracting Party in whose territory control is carried out shall guarantee the authorities of the other Contracting Party the unhindered pursuit of their activities and the same legal protection as those of their own.
3. Save as otherwise provided in this Treaty, members of the authorities of one Contracting Party who reside in the territory of the other Contracting Party for control purposes shall be required to maintain the legislation of that other Contracting Party.
1. The authorities of the Contracting Party from whose territory the persons, goods and means of transport leave shall be the first to be inspected. The scope of the legislation of that Contracting Party relating to the exercise of the control shall end when its authorities declare the inspection terminated, unless, for specific reasons, a new control is necessary.
2. Veterinary and phytocarantenal checks may be carried out simultaneously by the competent authorities of the Contracting Parties.
3. Where the authorities of one Contracting Party find goods, means of payment or other foreign exchange values brought into their territory in breach of the laws of the other Contracting Party, they shall inform the competent authorities thereof and allow them to apply their laws, unless such goods, means of payment or other foreign exchange values are subject to withdrawal under the law of the Contracting Party whose authorities have established the goods, means of payment and other foreign exchange values.
1. The authorities of one Contracting Party which exercise control in the territory of the other Contracting Party may, in accordance with the law of their State, travel by persons crossing national borders and interrupting and returning them or accompanying them to the territory of the State from which they leave.
2. Repayment, where appropriate, of a citizen of the State in whose territory the check is carried out shall be admissible only with the consent of the same State passport control authorities. A consensual opinion is not necessary if a citizen is not entitled to cross national borders or if he has committed a violation of the law for which there is a prison sentence.
3. The authorities of one Contracting Party shall provide the authorities of the other Contracting Party with the necessary assistance when the journey, return or reintroduction of persons, removal of cases and the provision of evidence is interrupted.
Goods and means of payment or other foreign exchange values which have been secured or withdrawn into or deposited in the territory of the other Contracting Party, as well as customs and other charges levied by those authorities, may be exported from that territory without authorisation and restrictions, as well as customs duties and customs controls.
1. The Contracting Party in whose territory control is carried out shall ensure, for the purposes of the authorities of the other Contracting Party, a link to the national borders and maintain it in a state of operation. The construction and maintenance of the terminal coupling shall be carried out by the Contracting Party whose authorities use it.
2. The authorities of the Contracting Party which exercise control in the territory of the other Contracting Party may, on the basis of agreements negotiated by the competent authorities of the Contracting Parties, use the fasteners they use in the performance of their activities in the territory of their State.
1. The members of the authority of the Contracting Party exercising control in the territory of the other Contracting Party may wear a uniform or a sign of service. In addition, they shall be entitled to carry, in accordance with the provisions of their State, a service weapon which may be used only in case of necessary defence.
2. Members of the authority transferring national borders for the purpose of carrying out control shall be exempt from customs and other charges in respect of means of transport and items intended to carry out this activity, as well as personal items and personal items. They shall also be exempt from taxes and other charges as well as from personal and in-kind transactions. The service documents of the inspection authorities shall be inviolable.
The members of the authority of the Contracting Party which, under this Treaty, exercises control in the territory of the other Contracting Party shall be shown on the transfer of national borders by means of documents the models of which shall be exchanged by the competent central authorities of the Contracting Parties.
The authorities of one Contracting Party may designate the buildings and service rooms to be provided to them in the territory of the other Contracting Party, the inscriptions in their language as well as the national emblem, the national flag and the flags used in their State.
1. The conditions for carrying out checks on persons, goods and means of transport between the Contracting Parties shall be established on a reciprocal basis.
2. The Contracting Parties shall bear in their territory the costs of building, rebuilding, equipping and maintenance of buildings, adjacent land and equipment intended for carrying out checks on persons, goods and means of transport.
3. Where, within the meaning of paragraphs 1 and 2, one Contracting Party issues overall more material resources than the other Contracting Party, those higher costs shall be offset in a manner to be determined.
The provisions of Articles 8, 9 (2), 10 (3), 11, 12, 13, 14 and 15 of this Treaty shall apply mutatis mutandis to the authorities and staff of the Contracting Party carrying out operations in respect of the clearance of persons, goods and means of transport crossing the national borders into the territory of the other Contracting Party and carrying out activities in accordance with Article 7 (1).
Final provisions
In accordance with the provisions contained in this Treaty, the competent authorities of the Contracting Parties shall review all agreements in force in their field of competence and, if desirable, amend or negotiate new agreements to implement this Treaty.
This Treaty shall be subject to ratification and shall enter into force on the date of the exchange of instruments of ratification to be implemented in Berlin.
This Treaty shall be concluded for a period of five years from the date on which it enters into force. If one of the Contracting Parties does not declare the contract no later than one year before the expiry of that period, it shall remain in force for a further five years.
Dane in Prague on 21 December 1970 in two copies, each in Czech and German languages, both texts being equally authentic.
To prove this, the agents signed this contract and sealed it.
For the President
Czechoslovak Socialist Republic:
Ján Marko v. r.
For the State Council
German Democratic Republic:
Otto Winzer v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 169 / 1971 Coll., on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and on passport, customs and other control when crossing state borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1971 |
|---|---|
| Effective from | 05.08.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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