Communication from the Ministry of Foreign Affairs No. 178 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg on inland navigation
Valid
International Treaty
Effective from 06.06.1994
Text versions:
12.08.1999
178
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 30 December 1992 the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg on inland navigation was signed in Luxembourg.
The Agreement entered into force on 6 June 1994 pursuant to Article 20 (1) thereof.
In exchange for a note from the Embassy of the Czech Republic in Brussels of 29 November 1994 and the Ministry of Foreign Affairs of the Grand Duchy of Luxembourg of 28 February 1995, it was confirmed that the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg on inland navigation of 30 December 1992 would be considered to be concluded between the Czech Republic and the Grand Duchy of Luxembourg.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg on Inland Navigation
the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg (hereinafter referred to as the Governments of the "Parties'),
remembrance of the Final Act of the Conference on Security and Cooperation in Europe, in particular the provisions of the Conference on the Development of Transport,
confirming that the rights and obligations arising from multilateral agreements for both parties will be respected,
in order to regulate the transport of persons and costs by inland waterways of both parties
and guided by the desire to develop water transport between the two countries, while taking into account the interests of both countries after the opening of the Mohan - Danube channel,
agree as follows:
1.
(a) the term "Luxembourg ships" shall mean inland waterway vessels which are officially registered in the Luxembourg inland navigation register and which have received a certificate of competence for Rhine navigation and which may carry persons or costs;
(b) the term "Czechoslovak vessels" refers to inland waterway vessels officially registered in the Czechoslovak register of inland waterway vessels and which may carry persons or costs;
(c) the term "Luxembourg cruise undertaking" refers to undertakings or undertakings engaged in a cruise whose ships are officially registered in the Luxembourg inland navigation register and which have been certified as a member of the Rhine navigation,
(d) the term "Czechoslovak Railway Undertaking" refers to undertakings or entrepreneurs engaged in a cruise whose permanent residence or permanent residence is in the territory of the Czech and Slovak Federal Republic;
(e) the term "competent authorities" refers to the Minister of Economy of the Czech and Slovak Federal Republic and the Minister of Transport of the Grand Duchy of Luxembourg, unless both parties decide to communicate with each other other competent authorities or authorities;
(f) the term "ports" refers to inland ports, loading and unloading points and platforms for the embarkation and disembarkation of passengers in passenger shipping.
2.
(a) the term "transit" shall mean the transport of persons and / or costs by ships of one Party through the territory of the other Party without embarkation or disembarkation of passengers and without loading and unloading of costs;
(b) the term "mutual transport" shall mean the carriage by ships of one or the other of the Parties between the ports of the two Parties with the boarding or unloading of passengers and / or the loading or unloading of costs;
(c) the term "transport by ships of a third State" shall mean transport between ports of both parties on ships of a third State with passenger embarkation and / or loading and unloading,
(d) the term "transport with third States" shall mean transport on ships of one Party between ports of the other Party and ports of the third State with the boarding and / or unloading of passengers and the loading and / or unloading of costs;
(e) the term "cabotage" refers to carriage on a ship of one Party between two ports of the other Party, with the boarding and unloading of passengers and / or with the loading and unloading of costs, which are both initiated and terminated in the territory of the other Party.
Luxembourg vessels shall be authorised to use the Czechoslovak waterways and Czechoslovak ships shall be authorised to use the Luxembourg waterways to carry out the shipments referred to in Articles 3 to 7 of this Agreement and to use ports, ports and habitats. This shall apply mutatis mutandis to the transport of floating machinery and equipment and floating bodies as well as to the transport of new ships.
Ships of both Parties shall be authorised to carry out the carriage of passengers and / or transit costs through the territory of the other Party.
1. In the course of mutual transport, ships of both parties are entitled to carry passengers and / or costs between ports of both parties.
2. In the course of mutual transport, the navigational undertakings of both parties will participate in the volume of shipments without determining the shares.
3. At the request of the competent authority of one Party and on a proposal from the Joint Commission referred to in Article 15 of this Agreement, the two Parties shall, by common agreement, fix a guide price for the transport operations provided for each other as well as the relevant secondary conditions.
Transport by third-party ships is only allowed in cases designated by the Joint Commission.
Transport with third States is permitted only in cases designated by the Joint Commission.
Cabotage shall be permitted only with the specific authorisation of the competent authority concerned.
The conditions of navigation shall be governed by the legislation of the State whose inland waterways are used.
In this respect, both parties have agreed as follows:
(a) if the documents and certificates relating to the ship, cargo and crew issued in the territory of a State of one Party comply with the rules applicable in the territory of the State of the other Party, they shall be mutually recognised; the recognition procedure will be established by the Joint Commission,
(b) ships are authorised to carry dangerous substances only if they have the valid authorisations required for the relevant waterways.
When exercising the rights of ships granted to them under Articles 2 to 7 of this Agreement, both Parties shall treat the ships of either Party equally; that provision concerns in particular:
(a) the use of lock rooms, port facilities, ports, habitats and other navigational facilities;
(b) levying of navigation and port charges;
(c) customs and other controls carried out by the competent authorities;
(d) the supply of fuel and lubricants.
Both sides will treat the ships of one party and the other in the same way as regards the customs clearance of the food and ship stocks carried on board. The same applies to propellant and lubricating materials intended for use on ships.
1. Vessels of both Parties may establish representation in the territory of the State of the other Party, while respecting its national law.
2. In order to improve the efficiency of their operations, sailing undertakings of both parties may conclude agreements between them on operational, technical and commercial cooperation.
1. Each Party shall grant the navigational undertakings of the other Party the right to freely transfer their profits arising from the implementation of this Agreement to the territory of its State.
2. The transfer shall take place at the official exchange rate within the normal time limit. Where the currencies of both parties are freely convertible, such transfers shall be made on the basis of the foreign exchange market rates applicable to normal payments, the transfers shall be subject exclusively to the foreign exchange provisions applicable to all States with comparable ratios. Only bank charges usual in such transactions will be levied for the transfer of money.
1. When crossing national borders, crew members and passengers on ships of both sides shall have a valid travel document and, if necessary under the applicable law, a residence permit.
2. On board cargo and passenger ships, crew members may be accompanied by their spouses and their minor children if they possess the documents referred to in paragraph 1 above. Children under 15 may also be entered in the travel document of one of the parents.
3. Crew members of both parties and persons referred to in paragraph 2 above shall be included in the crew list.
4. The two parties shall exchange models of the documents referred to in the previous paragraph 1.
In the event of a ship, accident or serious illness of a person on board or other serious obstacles (such as freezing of a waterway), preventing the ship from continuing to sail or sailing back, the competent authorities shall establish the possibility for ships and persons of the other Party to be assisted.
1. For the implementation and monitoring of the implementation of this Agreement, a Joint Commission, composed of three members, shall be set up on each side appointed by the competent authority. The Joint Committee shall meet as necessary, but at least once a year, alternately in the territory of one Party and of the other Party and shall be chaired by a representative of the competent authority of the Host Party. The Joint Commission shall establish rules of procedure for its deliberations. Both parties may invite experts to attend the meetings of the Joint Commission.
2. The task of the Joint Commission shall be:
(a) to statistically capture shipments carried out by ships of both parties;
(b) submit proposals to the competent authorities for setting indicative prices for the provision of transport performance in the framework of mutual transport and other secondary conditions (Article 4 (3));
(c) decide on the conditions and consent to the carriage of third-State ships (Article 5) and to the transport with third States (Article 6);
(d) establish a procedure for mutual recognition of the documents referred to in Article 8 (a).
3. The proposals and decisions of the Joint Commission referred to in paragraph 2 (b), (c) and (d) shall be valid unless one of the competent authorities notifies its opposition to them not later than two weeks after the meeting of the Joint Commission.
4. If no agreement can be reached in the Joint Commission, representatives of the competent authorities shall meet within four weeks for consultations at the request of one Party.
5. In addition, the Joint Commission shall be responsible for submitting proposals to both Parties for amendments to this Agreement in the light of the development of inland navigation and proposals for the completion of all issues arising from the implementation of this Agreement.
The competent authorities shall, at the request of the Joint Commission, transmit the supporting documents they need to carry out their tasks under Article 15 (2).
Sports and recreational craft registered with one of the Parties may use inland waterways of a State of the other Party while respecting the law of the State whose waterways are used. Documents certifying the operational capacity of sport and recreational craft and the ability of persons to manage them issued by the competent authorities of one Party and the other shall be mutually recognised.
Any issues at issue in the interpretation or implementation of this Agreement shall be the subject of direct negotiations by the competent authorities. If no agreement is reached, the non-compliance shall be settled by diplomatic means.
The rights and obligations of both Parties under multilateral and bilateral agreements are without prejudice to this Agreement.
1. This Agreement shall enter into force on the date on which both Parties notify each other in writing that the relevant national conditions have been met.
This Agreement shall be negotiated for an indefinite period.
3. This Agreement may be denounced by each of the Contracting Parties within a period of 12 months by written and diplomatic channels. In this case, the period of notice shall expire.
Done at Luxembourg, 30 December 1992, in duplicate in the Czech and French languages, the two texts being equally authentic.
For the Government of the Czech and Slovak Federal Republic:
Karel Lukáš v. r.
For the Government of the Grand Duchy of Luxembourg:
Mady Delvaux-Stehres v. r.
Signature Protocol
On the occasion of the signing of the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg on inland navigation, the authorised representatives of both Contracting Parties agree that:
(a) Article 12 (1) shall mean free transfer of profits without any additional taxes;
(b) Article 19 on contracts and agreements shall in particular:
on the Convention on Navigation on the Rhine, signed in Mannheim on 17 October 1868 and subsequently revised,
concerning the Convention between the Grand Duchy of Luxembourg, the Federal Republic of Germany and the French Republic on the Sewerage of Mosela, signed in Luxembourg on 27 October 1956,
on contracts establishing the European Economic Community,
concerning the Convention on the sailing regime in the Danube, signed in Belgrade on 18 August 1948
and bilateral agreements affecting inland navigation between the Czech and Slovak Federal Republic and the Federal Republic of Germany and the Kingdom of the Netherlands respectively.
Done at Luxembourg, 30 December 1992, in duplicate in the Czech and French languages, the two texts being equally authentic.
For the Government of the Czech and Slovak Federal Republic:
Karel Lukáš v. r.
For the Government of the Grand Duchy of Luxembourg:
Mady Delvaux-Stehres v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 178 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Grand Duchy of Luxembourg on Inland Navigation |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.1999 |
|---|---|
| Effective from | 06.06.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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