Decree of the Minister for Foreign Affairs No. 201 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the People's Republic of Poland on Czechoslovak transit traffic through the territory of the People's Republic of Poland on the railway line section between Hradec nad Nisou and Zittau
Valid
Effective from 22.09.1964
201
DECLARATION
Minister for Foreign Affairs
of 6 November 1964
on the Agreement between the Czechoslovak Socialist Republic and the Polish People's Republic on Czechoslovak carriage of goods through the territory of the People's Republic of Poland on the railway line section between the stations Hradec nad Nisou and Zittau
On 16 November 1962, the Agreement between the Czechoslovak Socialist Republic and the Polish People's Republic on Czechoslovak transit traffic through the territory of the People's Republic of Poland on the railway line section between Hradec nad Nisou and Zittau was signed in Prague.
The President of the Republic ratified the Agreement on 29 May 1963 and the instruments of ratification were exchanged in Warsaw on 22 September 1964.
Pursuant to Article 26 (1) thereof, the Agreement entered into force on 22 September 1964.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Polish People's Republic on Czechoslovak transit traffic through the territory of the People's Republic of Poland on the railway line section between Hradec nad Nisou and Zittau
The President of the Czechoslovak Socialist Republic and the State Council of the People's Republic of Poland, led by the wish to modify the Czechoslovak transit traffic through the territory of the People's Republic of Poland on the railway line section between Hradek nad Nisou and Zittau, decided to negotiate this Agreement and to this end appointed their agents:
President of the Czechoslovak Socialist Republic
Emil Vrtiak,
First Deputy Minister for Transport and Communications,
State Council of the People's Republic of Poland
Donata Tarantowicze,
State Secretary at the Ministry of Transport,
who, following the exchange of full powers found to be in good and proper form, have agreed on the following provisions:
General provisions
1. The Polish People's Republic grants the Czechoslovak Socialist Republic, under the conditions laid down in this Agreement, the right to conduct privileged rail transport services through the territory of the People's Republic of Poland on the railway line section between the stations Hradec nad Nisou and Zittau and, accordingly, the right to integrate this section into the tariff distances of the Czechoslovak State Railways.
2. Privileged carriage by rail, as referred to in paragraph 1, shall be called carriage by rail in the following text of this Agreement.
3. If certain issues are not covered by this Agreement in transit, the provisions of the Agreement between the Czechoslovak Republic and the People's Republic of Poland on mutual rail transport signed in Prague on 31 January 1958 shall apply.
In transit, the nationality of passengers, the origin of consignments of baggage, express mail, goods and mail, the nationality of the consignor or consignee and the person to whom the railway vehicles belong shall not be taken into account.
Transport is carried out by Czechoslovak State Railways with their trains and their train crew.
The Polish rules on order, public safety and health shall apply to transit services in Polish national territory.
1. If persons travelling on transit trains in the Polish State territory of the offence are allowed to carry out an inspection on transit trains and the Czechoslovak staff serving on those trains are obliged to provide all assistance to arrest the perpetrators.
2. The Polish authorities, responsible for the implementation of this Agreement, shall provide, where necessary, assistance and care to passengers and train staff of train services.
Personal luggage of passengers, consignments of baggage, express mail, goods and mail, as well as railway vehicles, carried in transit, may not be confiscated by the Polish authorities, except in the case of an offence referred to in Article 5 (1).
Operating provisions
1. Trains of transit traffic pass through the Polish state territory without stopping, except where the stop is necessary for reasons of operational, national border or customs security.
2. Trains in transit shall not travel through Polish national territory at a speed less than that laid down in the timetable, except where a lower speed is ordered for the state of the route or for operational reasons.
1. Transport by road may be carried out without limitation day or night according to timetable.
2. The timetables for the carriage of transit trains shall be drawn up by the Czechoslovak State Railways and transmitted to the Polish State Railways for their approval.
3. The introduction of a train which was not foreseen by the timetable should be notified in advance to the Polish State Railways as well as to the Polish State Border Protection Authorities.
4. The railway administrations of the Contracting Parties shall agree on a detailed way of discussing the issues referred to in paragraphs 2 and 3.
1. Passengers and shipments are checked out in transit according to the regulations and tariffs applicable on the Czechoslovak State Railways.
2. The tariff revenues from transport in transit are entirely to the Czechoslovak State Railways.
3. No surrender or take-over of railway vehicles and consignments shall be carried out in transit.
1. Transport and signaling regulations of the Polish State Railways apply to the carriage of carriage trains through Polish national territory, unless otherwise provided by the Railway Administration of the Contracting Parties.
2. To educate the employees of the Czechoslovak State Railways, Polish State Railways will send the necessary regulations free of charge to the Czechoslovak State Railways.
1. The Czechoslovak State Railways are responsible for making railway vehicles used in transit transport eligible for operations.
2. The Railway Administration of the Contracting Parties shall, by mutual agreement, determine the way in which the railway vehicles are to be handled if they have been damaged in the Polish State territory.
It is for the Czechoslovak authorities to supervise and maintain order on the trains of transit.
1. The Polish State Railways are obliged by their own means to maintain the railway section and the railway equipment serving transit in such a condition as to ensure proper and safe transport.
2. The details resulting from the provisions of paragraph 1 and the extent of the mutual obligations with regard to installations intersected by national borders shall be laid down by the Railway Administration of the Contracting Parties by mutual agreement.
3. Railway administrations of the Contracting Parties shall agree on the construction and maintenance of communication links and safety equipment on the line used for transit. The communication link shall be separated from the inland network.
1. Railway administrations of the Contracting Parties shall report to each other on all obstacles to transport as well as on other measures and events which could adversely affect transit.
2. The obligation to remove the obstacles referred to in paragraph 1 shall be the responsibility of the railway administration of the Contracting Party on which the obstacles arose.
3. In accidents, disruption of transport and damage to railway vehicles in Polish national territory, the Czechoslovak State Railways will take the measures necessary to carry out rescue work and to eliminate damaged railway vehicles in urgent cases.
4. The competent authorities of the Contracting Parties shall, as far as possible, provide the necessary assistance in the cases referred to in paragraphs 2 and 3 for the reimbursement of actual expenditure.
The Czechoslovak State Railways will provide flat-rate compensation to Polish State Railways for the implementation of transit services referred to in Article 1 (1). The amount of such refunds and the method of compensation shall be determined by the Railway Administration of the Contracting Parties by mutual agreement.
Provisions on liability
1. Damages caused by passengers in transit transport as well as by staff serving on trains of transit transport are the responsibility of the injured persons of the Czechoslovak state railway according to the rules of their state.
2. The provisions of paragraph 1 shall also apply to consignments carried.
3. For all other damage to the injured persons, the Railway Administration of the Contracting Party on whose section of the railway line a damage event occurred is responsible.
4. The railway administration shall bear the damage caused by force majeure to the extent that they are suffered by the railway administrations of the Contracting Parties when carrying out transit services.
The following principles shall apply to the application of mutual sanctions between the railway administrations of the Contracting Parties resulting from the liability provided for in Article 16:
(a) the railway administration to which the workers belong is responsible for the damage caused by the fault of the workers. If the damage was caused by the fault of the employees of both railway administrations, or if it is not possible to determine which railway administrations caused the damage, both administrations shall be equally liable;
(b) damage caused by the poor state of construction and equipment intended for carriage by rail shall be the responsibility of the railway authority to which such construction and equipment belong;
(c) damage caused by poor technical condition of railway vehicles or incorrect loading of consignments is the responsibility of the Czechoslovak State Railways.
2. Each railway administration shall have the right to intervene against the other railway administration where it has been decided by a final judgment that it is obliged to make good any damage for which, in accordance with the provisions of paragraph 1, the other administration is wholly or partly responsible. The right of penalty may be exercised even when both railway administrations have agreed that one of them will satisfy the claim, although the other is responsible in whole or in part for the damage. The proportions and recognition of claims, as well as the judgments delivered in a procedure for which the second railway administration has not been informed, shall be binding on the application of the penalties against the second railway administration only if the latter gives its consent to them or if, within three months of the date of dispatch of the first call, the latter does not give its opinion, although it has been recalled within that period.
3. The Railway Administration of the Contracting Parties shall, by mutual agreement, establish a method of investigating the causes and extent of the damage.
Postal provisions
1. Postal consignments of all kinds may be carried in transit in postal wagons, in postal sections, as well as in railway wagons without any transit charges.
2. Postage boxes must be closed when driving through Polish national territory.
Postal consignments which have been transferred to the Polish State territory, if necessary, shall be the responsibility of the railway or postal administration which has taken them under its supervision.
Border and customs provisions
1. Passengers in transit transport as well as rail and postal staff and other persons serving on carriage trains shall not be subject to passport and visual formalities in Polish State territory; However, they must carry an identity card and, on request, be shown to the authorities authorised to carry out checks.
2. The persons referred to in paragraph 1 shall not be subject to customs procedure in Polish national territory; They shall also not be subject to customs procedures and shall be exempt from customs duties and other charges from the relief of hand baggage of such persons, consignments of baggage, express mail, goods, mail and railway vehicles.
3. The relevant border and customs provisions of the Agreement between the Czechoslovak Republic and the People's Republic of Poland on mutual rail transport, signed in Prague on 31 January 1958, shall apply to the crossing of national borders by staff of Czechoslovak rescue trains, snowploughs and other railway staff engaged in business operations on a transit line section in Polish State territory.
1. Trains of transit may be accompanied by the competent authorities of each Contracting Party.
2. In cases where carriage trains are accompanied by the Polish authorities, trains must stop at designated places in order to allow for the boarding and disembarkation of escorts.
1. In the case of carriage trains, the boarding or unloading and opening of doors and windows of wagons shall be prohibited in Polish national territory. This prohibition shall not apply to railway workers and persons accompanying the train referred to in Article 21 (1) in the performance of their duties on those trains.
2. If persons travelling on transit trains in the event of an accident or in other exceptional cases in the Polish national territory are present, they shall remain under the supervision of the Polish national border control authorities until they are abandoned.
3. On Polish national territory, it is prohibited to receive or transfer or dispose of any items in transit trains.
4. Persons travelling on transit trains are not allowed to photograph or film in Polish national territory.
1. In transit it is prohibited to land and load consignments in Polish national territory. If the railway vehicle has been damaged, the consignment may be transferred only under the supervision of the Polish customs authorities.
2. The Polish customs authorities will recognise the Czechoslovak customs conclusions. Where consignments are transferred to Polish national territory, the Polish customs authorities shall, as far as possible, attach their seals to the wagons to which the consignments have been transhipped.
1. Materials and tools necessary for the construction or maintenance of communication and security links and equipment may be imported into and exported from Polish national territory without special permission, customs and other charges. Tools and unused materials shall be re-exported.
The unloading and disposal of the articles referred to in paragraph 1 shall be carried out under the supervision of the competent Polish authorities.
Final provisions
The competent authorities of the Contracting Parties shall negotiate the arrangements necessary for the implementation of this Agreement, in particular as regards matters referred to in Article 8 (4), Article 11 (2), Article 13 (2) and (3), Article 15 and Article 17 (3).
That arrangement should be negotiated before this Agreement enters into force.
1. This Agreement shall be subject to ratification and shall enter into force on the date of exchange of instruments of ratification to be implemented in Warsaw.
2. The date of entry into force of this Agreement will be the expiry of the Arrangement between the Czechoslovak Republic and the Republic of Poland on the privileged railway passage from Czechoslovakia to Czechoslovakia on the section Liberec - Varnsdorf via Poland, signed in Prague on 2 July 1949.
This Agreement shall be concluded for an unlimited period. It may be denounced by each of the Contracting Parties and shall expire six months after the date on which the other Contracting Party received the notice of denunciation.
This Agreement was drawn up in Prague on 16 November 1962 in two copies, each in the Czech and Polish languages, the two texts being equally authentic.
In evidence of the aforementioned agents signed this agreement and sealed it.
For the Czechoslovak Socialist Republic
E. Vrtiak v. r.
For the Republic of Poland
D. Tarantowicz v. r.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 201 / 1964 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Polish People's Republic on Czechoslovak Transit Transport through the territory of the Polish People's Republic on the railway line section between the stations Hradek nad Nisou and Zittau |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1964 |
|---|---|
| Effective from | 22.09.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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