Communication from the Ministry of Foreign Affairs No. 200 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on the surrender and acceptance of persons at the common national borders and the Protocol between the Ministry of Interior of the Czech Republic and the Ministry of Interior of the Slovak Republic on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on the transfer and acceptance of persons at the common national borders of 25 October 1996
Valid
International Treaty
Effective from 27.07.1997
Text versions:
28.08.1997
200
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 25 October 1996 the following were signed in Levoč:
Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on the transfer and acceptance of persons at the common national borders
and
Protocol between the Ministry of Interior of the Czech Republic and the Ministry of Interior of the Slovak Republic on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on the surrender and acceptance of persons at the common national borders of 25 October 1996.
The Agreement entered into force on 27 July 1997 pursuant to Article 8 (1) thereof. The Protocol, in accordance with the text of its Article 11 (1), entered into force at the same time as the Agreement.
On the date of entry into force of this Agreement, the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on joint action on the residence of foreigners from third countries in the territory of the Czech Republic and in the territory of the Slovak Republic of 29 October 1992, published under No 150 / 1993 Coll.
The Czech version of the Agreement is hereby published at the same time. The Czech version of the Protocol can be consulted at the Ministry of Foreign Affairs and the Ministry of Interior.
AGREEMENT
between the Government of the Czech Republic and the Government of the Slovak Republic on the transfer and acceptance of persons at common national borders
The Government of the Czech Republic and the Government of the Slovak Republic (hereinafter referred to as "the Contracting Parties'), led by the desire to develop good neighbourly cooperation, to prevent illegal migration in the context of European cooperation and, on the basis of common interests, to regulate the transfer and reception of persons at the common national borders,
agree as follows:
Recruitment of own state citizens
(1) Each Contracting Party shall, at the request of the other Contracting Party, take over a person who, in the territory of the State of the requesting Contracting Party, does not, or no longer, fulfil the conditions of entry or residence in force, provided that it is demonstrated or reasonably demonstrated that that person is a citizen of the State of the requested Contracting Party.
(2) The requesting Contracting Party shall take back the person referred to in paragraph 1 within 30 days of its transmission under the same conditions if the requested Contracting Party finds that, at the time of the transfer from the State of the requesting Contracting Party, that person did not have citizenship of the State of the requested Contracting Party.
Recruitment of third-country citizens
(1) Each Contracting Party shall, at the request of the other Contracting Party, take over a person who does not have the nationality of a State of any Contracting Party (hereinafter referred to as "a citizen of a third State"), provided that it is proved or reasonably demonstrated that he has illegally crossed the common national borders.
(2) A citizen of a third State shall be taken over without delay after prior notification by the other Contracting Party if the other Contracting Party has requested that he be taken over within 48 hours of his unlawful crossing of the common national borders.
(3) Where a takeover is requested after the expiry of the period referred to in paragraph 2, but not later than 90 days after the unlawful crossing of the common national borders, the requested Contracting Party shall reply to the request for takeover without delay and no later than seven days. A citizen of a third State shall be taken over without delay and no later than seven days after the requested Contracting Party has given its consent. Such time limits may be extended only for reasons of legal or material obstacles by the period they last.
(4) The requesting Contracting Party shall take back the citizen of a third State within 30 days of its transmission if the requested Contracting Party finds that:
(a) there is no unlawful crossing of common national borders; or
(b) more than 90 days have elapsed since the unlawful crossing of the common national borders and this period has not been extended for reasons of legal or substantive obstacles.
Transit
(1) The Contracting Parties shall take over a citizen of a third State for police transit through the territory of their State if the other Contracting Party so requests in writing and has ensured takeover in any other Member State of transit and in the destination State.
(2) Police transit may be refused if:
(a) that person would be at risk of political persecution in one of the other States of transit or in the destination State or if he / she was expected to be prosecuted or punished; or
(b) there is a threat of criminal prosecution or enforcement in the territory of the State of the requested Contracting Party; the requesting Contracting Party must be informed before the police transit takes place;
(3) The transit visa of the requested Contracting Party shall not be required.
(4) A person taken over for police transit may be returned to the requesting Contracting Party if the conditions referred to in paragraph 1 are not fulfilled or the facts referred to in paragraph 2 have been established.
Data protection
(1) Where data relating to persons need to be transmitted to the other Contracting Party in order to implement this Agreement, such data may relate only to:
(a) surname and, where applicable, former surname, surname, forename, date and place of birth, sex, present and previous nationality of the person or family members,
(b) a personal card or travel document (number, date of validity, date of issue, issuing authority, place of issue, etc.);
(c) any other information enabling the person to be identified;
(d) the place of stay and the route to be used;
(e) residence permits or visas granted by a State of one of the Contracting Parties;
(f) facts constituting legal or factual obstacles;
(g) the places where the application for refugee status is made;
(h) the dates of submission of an earlier or current application for refugee status, the status achieved in the proceedings and the likely outcome of the proceedings.
(2) The transmission of data shall take place in accordance with the laws of the States of the Contracting Parties. The Contracting Parties shall follow the following principles when providing data under this Agreement:
(a) the requested Contracting Party may use the data only in accordance with the purpose for which they were intended;
(b) the Contracting Parties are required to ensure the accuracy of the data provided as well as the necessity and proportionality in relation to the purpose for which they are provided. Where it is found that incorrect data have been supplied or that the provision of which is prohibited, the requested Contracting Party shall be informed immediately. This Contracting Party shall correct them or destroy the data,
(c) the requesting Contracting Party shall, when providing the data, inform the requesting Contracting Party of the deadlines for their destruction in accordance with its national law. The requested Contracting Party shall destroy this information by the end of this period.
The Contracting Parties shall protect effectively the data provided under this Agreement against unauthorised access, unauthorised alteration and unauthorised communication to third parties.
Costs
(1) The costs of the transfer of persons referred to in Articles 1 and 2 shall be borne by the Contracting Party in whose territory they are incurred.
(2) The costs associated with the police carriage referred to in Article 3, including any return of a citizen of a third State, shall be borne by the requesting Contracting Party.
Implementing provisions
In order to implement this Agreement, the Ministry of the Interior of the Czech Republic and the Ministry of Interior of the Slovak Republic shall conclude a Protocol specifying:
(a) appropriate services to carry out the transfer, reception and police transit of persons and to address unclear and questionable cases associated with the implementation of this Agreement;
(b) the necessary details of the persons and documents needed for the transfer, taking over and transit of persons by police;
(c) the border crossing points at which persons will be transferred and taken over;
(d) the method and procedure for covering the costs arising from Article 6 (2).
Final provisions
(1) This Agreement shall enter into force 30 days after the date of service of the later note notified by the Parties through diplomatic channels that the national conditions for its entry into force have been fulfilled.
(2) On the date of entry into force of this Agreement, the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on joint action on the residence of foreigners from third countries in the territory of the Czech Republic and the territory of the Slovak Republic, signed in Prague on 29 October 1992, expires.
(1) This Agreement shall be concluded for an indefinite period.
(2) Each Contracting Party may suspend the application of this Agreement in whole or in part, with the exception of Article 1, where this requires the protection of the security of the State, public order or the health of citizens. The Parties shall immediately inform each other of the adoption or withdrawal of such a measure by diplomatic means. The suspension of the application of this Agreement shall take effect on the 30th day following receipt of the note to the other Contracting Party.
(3) Each Contracting Party may denounce this Agreement in writing by diplomatic means. The Agreement shall expire on the 90th day following receipt of the notice of termination by the other Contracting Party.
Dane v Levoč on 25 October 1996 in two original copies, each in the Czech and Slovak languages, the two texts being equally authentic.
For the Government
Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Government
Slovak Republic:
Gustave Krajči v. r.
Minister of Interior
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 200 / 1997 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on the Transfer and Recruitment of Persons at the Common State Borders and the Protocol between the Ministry of Interior of the Czech Republic and the Ministry of Interior of the Slovak Republic on the Implementation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on the Transfer and Recruitment of Persons at the Common State Borders of 25 October 1996 |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.1997 |
|---|---|
| Effective from | 27.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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