Communication from the Ministry of Foreign Affairs No 187 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Republic of Poland on small border traffic
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International Treaty
Effective from 19.02.1996
Text versions:
03.07.1996
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187
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 17 January 1995 the Treaty between the Czech Republic and the Republic of Poland on small border traffic was signed in Prague.
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 Warsaw on 19 February 1996.
The Treaty entered into force on 19 February 1996 pursuant to Article 12 (1) thereof. This date expired in relations between the Czech Republic and the Republic of Poland:
- the Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic of 4 July 1959, published under No 99 / 1960 Coll., and
- Protocol implementing the Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic of 4 July 1959, signed on 24 May 1985.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Republic of Poland
on small border traffic
the Czech Republic and the Republic of Poland (hereinafter referred to as the "Contracting Parties'),
- intended to facilitate mutual contacts between border area residents,
- seeking to further deepen friendship between the peoples of the two states,
- taking into account the development of mutual cooperation in border areas,
agree as follows:
(1) The Contracting Parties agree to facilitate the crossing of the Czech-Polish national borders to citizens of the two Contracting States residing in small border traffic zones on the principles laid down in this Treaty.
(2) Citizens resident within the meaning of paragraph 1 shall be deemed to be persons registered in the municipalities of the border zone for permanent or temporary residence.
(1) Under this Treaty, territories situated on both sides of the common national borders, each 15 km wide, shall be considered as small border traffic zones. If the zone of local border traffic thus established exceeds the territory of the municipality, the rest of the municipality shall also be included.
(2) Governments of both Contracting Parties may, by mutual agreement:
1. to include in the local border traffic zone certain municipalities situated more than 15 kilometres from the national border where necessary to develop mutual cooperation between the citizens of the two Contracting Parties;
2. to exclude from the local border traffic zone referred to in point 1 where there are no grounds to justify their inclusion in the border traffic zone.
(3) Annex 1 contains the list of municipalities belonging to the territory of the border traffic zones. The inclusion or removal of a municipality from the local border traffic zone in accordance with paragraph 2 shall require mutual agreement by means of a note exchange between the Governments of the Contracting Parties.
(1) The crossing of common national borders in the framework of small border traffic takes place at border crossing points intended for passenger transport and at crossing points open exclusively for small border traffic.
(2) The list of crossing points intended exclusively for small border traffic and the scope of their operation are set out in Annex 2.
(3) The persons referred to in Article 1 (2) who farm agricultural, forest or other holdings in the local border traffic zone of the other Contracting Party exceed the national border crossing point for local border traffic closest to those parcels.
(4) The opening of new, closing of existing crossing points intended exclusively for small border traffic, as well as changes in the scope of their operation, requires mutual agreement by means of a note exchange between the Governments of the Contracting Parties.
(1) In order to cross national borders within the framework of local border traffic and to stay in the local border traffic zone of the other Contracting Party, under the conditions laid down in the Treaty:
1. citizens' ID cards of both Contracting Parties containing an official record of permanent or temporary residence in the border zone, where appropriate;
2. passports of citizens of one Contracting Party residing in the local border traffic zone of the other Contracting Party,
3. travel annexes to the identity card issued in accordance with the national legislation of each Contracting Party.
(2) Children may cross national borders and reside in the border zone of the other Contracting Party, accompanied by one of the parents or other legal representative, provided that they are entered on their identity card or passport in accordance with national law.
(3) Children who are not entered in the identity card of one of the parents or other legal representative may cross national borders and reside in the border zone of the other Contracting Party on the basis of the travel annex referred to in paragraph 1 (3), issued by the competent authorities of one of the Contracting Parties with a validity of up to five years.
(4) Where the documents referred to in paragraph 1 do not show that the holder is registered in the border traffic zone, a special official certificate of registration shall be required for permanent or, where appropriate, prior residence.
(5) The competent authorities of both Contracting Parties shall exchange specimens of the documents referred to in paragraph 1:
(1) The persons referred to in Article 1 (2) may stay in the border zone of the other Contracting Party for up to seven days.
(2) Persons crossing national borders in the framework of small border traffic are subject to border and customs control.
(3) Persons residing under this Treaty in the local border traffic zone of the other Contracting Party shall comply with its national law.
This Treaty shall not affect the right of the Contracting Parties to prohibit entry into their territory or to shorten the stay of a citizen of the other Contracting Party.
(1) Imports and exports of goods by persons crossing national borders in the context of small border traffic shall be governed by the provisions of this Treaty and by the national law of each Contracting Party.
(2) Imports and exports of goods having a commercial character are not permitted in the context of small border traffic.
(3) Persons crossing national borders in the context of small border traffic may import and export without authorisation, customs duties, taxes and other charges:
1. matters relating to personal need and consumption for travel and residence,
2. means of transport for private use registered in the territory of the other Contracting Party in accordance with national law, subject to their re-export.
(4) Articles for the decoration and maintenance of tombs and monuments located in the local border traffic zone of the other Contracting Party may be carried without authorisation, customs duties, taxes and other charges, provided that their nature and quantity are not of a commercial nature.
(5) The competent authorities of the Contracting Parties may agree on specific arrangements for the types and quantities of goods which may be imported and exported across national borders in the framework of small border traffic without authorisation, customs duties, taxes and other charges.
(1) Persons referred to in Article 1 (2) who farm agricultural, forest or other holdings in the local border traffic zone of the other Contracting Party may, without authorisation, customs duties, taxes and other charges, carry across national borders on the basis of a certificate of ownership and distribution of the following holdings:
1. agricultural, rearing, apiculture, horticultural and forestry products originating in those holdings, the exemption from customs duties, taxes and other charges only covers unprocessed products or products which have undergone primary processing after harvesting and remain in the raw state;
2. seeds, fertilisers and goods intended for soil cultivation, plant cultivation and animal treatment;
3. towing animals with the necessary supplies of feed, tools, agricultural and forestry equipment, as well as means of transport intended for cultivation of such holdings, subject to their re-export.
(2) Provided that the return takes place in the context of small border traffic without authorisation, customs, taxes and other charges, farm animals may be transferred across national borders to pasture, power or bathing. These animals must be registered and marked in a manner that allows them to be identified.
(3) The movement of animals and the transport of products of animal or plant origin across national borders in the framework of small border traffic shall be carried out in accordance with the national legislation of both Contracting Parties. It may be prohibited where one of the Contracting Parties introduces restrictions on the fight against contagious animal and plant diseases.
(1) In urgent cases where there is an imminent threat to life, health or property, rescue parties or persons providing assistance, as well as persons affected, are allowed to cross national borders on their way there and back in any place for the purpose of providing or receiving assistance.
(2) Persons who have crossed national borders in accordance with paragraph 1 must, upon request, demonstrate their identity to the competent authorities of the other Contracting Party.
(3) Means of transport and rescue equipment, including spare parts, carried across national borders for the purposes laid down in paragraph 1, shall be exempt from customs duties, taxes and other charges on condition that they are re-exported.
(1) Each Contracting Party may temporarily suspend or restrict the application of the provisions of this Treaty to all or certain sections of the common national borders due to a threat to security or public order or due to natural disasters or sanitary-epidemiological threats.
(2) A Contracting Party intending to suspend or renew the provisions of this Treaty for the reasons referred to in paragraph 1 shall inform the other Contracting Party by diplomatic means, not later than 24 hours before the planned suspension or renewal.
The provisions of this Treaty shall not apply to persons referred to in Article 1 (2) who pursue a gainful activity in the territory of the other Contracting Party.
(1) This Treaty is subject to ratification and will enter into force on the date of exchange of instruments of ratification to be held in Warsaw.
(2) The Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic, signed in Prague on 4 July 1959, and the Protocol implementing the Convention between the Czechoslovak Republic and the Polish People's Republic on border traffic of 4 July 1959, signed in Warsaw on 24 May 1985, will cease to apply in relations between the Contracting Parties.
This contract is for an indefinite period. Each Party may denounce it. In such a case, it shall cease to be valid six months after the date of receipt of the diplomatic note informing of its resignation.
Dane in Prague on 17 January 1995 in two original copies, each in the Czech and Polish languages, the two texts being equally authentic.
For the Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Republic of Poland:
Andrzej Milczanowski v. r.
Minister of Interior
Příloha č. 1
Annex No 1
List of municipalities located in the border zone
On the territory of the Czech Republic:
1. White Church over Nisou
2. White stream
3. Bulovka
4. Black
5. Děřichov
6. Lower Asparagus
7. Frydlant
8. Chest
9. Abbartice
10. Cattle
11.
12. Upper Lashes
13. Castle over Nisou
14. Choty
15. Henry's wife under Spruce
16. Beautiful Forest
17. Christopher Valley
18. Crossroads
19. Kunratice
20. Libverda Spa
21. Liberec
22. Fork
23. New Ves
24. New City Under Spruce
25. Oldřichov v Hájí
26. Pertoltice
27. Raspenava
28. Rynoltice
29. Guard over Nisou
30. Light under Jested
31. Cherry
32.
33. Albrechtice in Jizera Mountains
34. Bedřichov
35.
36.
37. Apple tree over Nisou
38. Genoa nad Nisou
39 Josef's Mine
40. Jílové u Držkov
41. Jiřetín nad Buk
42. Kořenov
43.
44. Lucany over Nisou
45. New Ves over Nisou
46.
47. Swimming
48.
49. Spruce
50. Tanvald
51. Big Hamry
52.
53. Principle
54. Golden Olešnice
55. Benecko
56. Bozkov
57. Harrachov
58. Jablonec over Jizerou
59.
60. Hawks in Giant Mountains
61. Passages over Jizerou
62. Nickel
63.
64. Rokytina nad Jizerou
65. Raspberries
66. Solutions at Semil
67. Víchová nad Jizerou
68. Vitkovice
69. High above Sizerou
70. Batnovice
71. Bernartice
72. Black
73. Black Mine
74. Lower Court
75.
76. Havlovice
77. Upper Marshov
78.
79. Jan Spa
80.
81.
82. Lampertice
83.
84.
85.
86. Small Svatonovice
87.
88. Young Buky
89.
90. Pillow metal
91.
92.
93. Rhymes in Podkrkonoší
94.
95. Dry cleaning
96. Freedom over Úpa
97. Old Beech
98. Spindler's Mill
99. Trutnov
100.
101. Wolf
102.
103.
104. Golden Olešnice
105.
106.
107. Bezděkov nad Metují
108. Bohuslavice
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 187 / 1996 Coll., on the Agreement between the Czech Republic and the Republic of Poland on Small Border Traffic |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.07.1996 |
|---|---|
| Effective from | 19.02.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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