Communication from the Ministry of Foreign Affairs No 234 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Treaty between the Czech Republic and the Slovak Republic on the arrangements for the regime and cooperation at common national borders
Valid
Effective from 03.05.1993
234
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 29 October 1992 a contract was signed in Prague between the Czech Republic and the Slovak Republic on the regime arrangements and cooperation at the common state borders.
The Czech National Council has agreed with the Treaty and has ratified it on behalf of the President of the Czech Republic.
The Treaty has been applied on a provisional basis by virtue of Article 23 since 1 January 1993 and entered into force on 3 May 1993.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Slovak Republic on regime arrangements and cooperation at common national borders
Czech Republic and Slovak Republic
led by the desire to regulate cooperation in the areas of national border control, border traffic control and order at national borders and to assist each other in these areas in order to prevent violations of order at common national borders, as well as damage which could arise from the territorial territory of one Contracting Party to the sovereign territory of the other Contracting Party,
Taking into account the Geneva Convention on Refugees of 28 July 1951,
agree on the following:
Appointment of main border agents and border agents
(1) The competent authorities of the Contracting Parties shall appoint, for the performance of the tasks arising under this Treaty, a principal border agent, a border agent or, where appropriate, their representatives.
(2) The persons referred to in paragraph 1 may invite the necessary number of assistants and experts to carry out the tasks arising from this Treaty.
(3) Representatives of the principal border agent and representatives of the border agent have the same rights and obligations as agents they represent.
(4) The principal border agent (s) or border agent (s) shall, as appropriate, issue a written mandate to assist and experts, setting out their rights and obligations.
(1) The principal border agents and their representatives, border agents and their representatives are provided with a card in Czech or Slovak.
(2) The principal border agents shall exchange the model documents referred to in paragraph 1.
Tasks of the main border agents and border agents
(1) The principal border agents shall ensure that the tasks arising from this Treaty are carried out, in particular:
(a) assess the general situation in the field of border control, border traffic control and order at national borders, cooperation and mutual assistance, and take measures to strengthen cooperation in these areas;
(b) manage and direct the activities of border agents and their cooperation in the areas of national border control, border traffic control and order at national borders;
(c) approve the minutes of the ordinary working deliberations of border agents;
(d) decide in cases where no agreement has been reached between border agents;
(e) transmit particularly serious, complex or questionable cases to which they have not agreed to be dealt with, together with their comments on the settlement by diplomatic channels.
(2) The main border agents shall issue rules of procedure for their joint action and for the joint operation of border agents.
(1) Border agents in the entrusted border section shall jointly evaluate the state of national border control, border traffic control and order control at national borders and coordinate the activities of border authorities.
(2) Border agents shall be informed without delay:
(a) the natural disasters and other incidents which may spread to the territory of the other Contracting Party and the measures taken;
(b) landing of vessels of the other Contracting Party without authorisation and crossing the national border by air or landing them without authorisation;
(c) works carried out in the vicinity of national borders which may cause damage to the territory of the other Contracting Party or endanger the life or health of persons present in its territory, of hunts carried out less than 1 km from the national border;
(d) the planned or implemented illegal crossing of national borders or the persons who fled in pursuit to the territory of the other Contracting Party.
(3) Border agents take measures to prevent violations of order at national borders.
(4) Border agents shall jointly discuss claims for compensation arising from events at national borders as referred to in Article 19 (2) and (3), as well as claims for compensation, where possible with the participation of the persons concerned. Such rights shall be dealt with in accordance with the law of the Contracting Party in whose territory the damage or claims have been incurred.
(5) Border agents shall exchange persons, pets, articles and documents in accordance with Articles 10 to 12.
(6) Border agents shall transmit to the principal border agents cases of breach at national borders which they have not agreed to resolve and the cases referred to in Article 3 (1) (e).
Activities of main border agents and border agents
(1) The principal border agents shall meet once a year, alternately in the territory of the two Contracting Parties, at regular meetings to discuss the performance of the tasks referred to in Article 3 (1) (a) and to draw conclusions on the performance of other tasks arising from this Treaty.
(2) Minutes of the ordinary sitting shall be drawn up in the Czech or Slovak language.
(3) The registration shall be subject to approval under the national provisions of the Contracting Parties and shall take effect on the date on which the principal border agents inform themselves in writing of such approval.
(1) An extraordinary meeting shall take place at the request of any principal border agent.
(2) The minutes of the extraordinary meetings shall be drawn up, approved and enter into force in accordance with Article 5 (2) and (3).
(1) Regular working meetings of border agents shall be held as necessary, but at least every six months, alternately on the territory of both Contracting Parties.
(2) An entry in the Czech or Slovak language shall be drawn up from an ordinary working meeting.
(3) The minutes shall be approved by the principal border agents and shall take effect on the date on which the border agents inform themselves in writing of such approval.
(4) In urgent cases, border agents may take the necessary measures on the basis of registration prior to its approval.
(1) Extraordinary working meetings of border agents shall be held for the purpose of joint investigation of cases of breaches at national borders by a border agent of one of the Contracting Parties, as a rule on the spot. In this context, border agents may request explanations from witnesses and experts on the territory of both Parties. Joint investigations shall not replace the jurisdiction of the judicial or administrative authorities of the Contracting Parties.
(2) The minutes referred to in Article 7 (2) shall be drawn up from an extraordinary working meeting and accompanied by documents and evidence. The registration shall take effect on the date of signature by border agents.
(3) Border agents shall, on request or on their own initiative, transmit to each other the files and information necessary to deal with breaches of order or other events at national borders.
The principal border agents, border agents and persons referred to in Article 1 (4) who carry out the tasks arising from this Treaty shall, in their execution in the territory of the other Contracting Party:
(a) the guaranteed personal integrity and integrity of the official documents and stamps which they carry;
(b) the right to wear a uniform and a service weapon;
(c) the right to take with them the necessary means of transport and other items without import and export duties and other charges.
Transmission of persons, domestic animals, objects and documents
(1) Persons who have inadvertently crossed national borders and have been detained in the immediate vicinity of national borders shall be referred without delay to the other Contracting Party.
(2) At the same time as the person referred to it, the items which he carried over from the territory of the other Contracting Party shall also be transferred. This shall be without prejudice to the provisions of specific legislation of the Contracting Parties.
(3) The persons and objects referred to in paragraphs 1 and 2 shall, as a general rule, be transferred at the nearest border crossing point from the place of detention. Minutes shall be made of the surrender.
(1) The operation of domestic animals in the territory of the other Contracting Party shall be notified to the border agent of the other Contracting Party in order to take measures to locate them. The animals found shall be separated from other domestic animals, transmitted in accordance with customs and veterinary legislation, as a rule closest to the place where they were found.
(2) Articles which have entered the territory of one Contracting Party as a result of natural forces shall be transmitted to the other Contracting Party.
(3) If the search has not led to success, no compensation may be required.
(4) An entry shall be made in respect of the transmission of the domestic animals or articles referred to in paragraphs 1 and 2. The registration shall include the costs associated with the care of domestic animals, their veterinary treatment and the care of objects.
(1) The degree of confidentiality of documents transmitted by the principal border agent or border agent shall be determined in accordance with the legislation of the transmitting Party.
(2) The Contracting Parties will respect and safeguard the rights to the protection of the person to whom the data are provided.
Operation at border waters and border routes
(1) On border waters, ships of both Contracting Parties may sail undisturbed at any time in the full width of the main riverbed.
(2) The service vessels of the border authorities, police authorities, customs authorities, State navigation authorities and the water authorities of both Contracting Parties may sail at any time in the full range of border waters.
(3) Other vessels of both Contracting Parties may sail in frontier waters only through national borders, from dawn to dusk.
(4) Vessels of both Contracting Parties sailing in frontier waters must maintain navigation regulations issued under the agreement of the Contracting Parties.
(1) At border flows, service vessels of border authorities, police authorities, customs authorities, State navigation authorities and water management authorities of the Contracting Parties may land on the shore situated in the territory of the other Contracting Party for service reasons.
(2) Other Contracting Party vessels may land without permission on a shore situated in the territory of the other Contracting Party only in danger. The person responsible for the vessel shall immediately notify the border or customs authorities of the other Contracting Party for the purpose of providing assistance.
It is possible to use the entire width on border roads. The competent authorities of the Contracting Parties may, in accordance with their rules and under prior agreement, impose restrictions on operations.
Fishing, hunting and carrying out work near national borders
Fishing in border waters is permitted up to national borders.
(1) The competent authorities of the Contracting Parties shall ensure that, in the exercise of hunting and carrying out work near national borders, there is no disruption of the territory of the other Contracting Party, damage and a threat to the life or health of persons present in the territory of the other Contracting Party.
(2) Surface mining must not be carried out within 20 metres of the national border, unless otherwise provided for in a special contract.
(3) The competent authorities of the Contracting Parties shall take measures not to create barriers to the discharge of large waters and to prevent the spread of fire within the territory of the other Contracting Party.
(4) If there is a risk of spreading fire within the territory of the other Contracting Party, its border authorities should be informed thereof without delay.
Extraordinary crossing of national borders
(1) In natural disasters and other incidents occurring in the territory of one Contracting Party near national borders, rescue groups of the other Contracting Party may cross national borders without travel documents, provided that they have been asked for assistance by the competent authorities of the Contracting Party in whose territory a natural disaster or other emergency occurred. Such requests shall be made by border agents.
(2) In the case of fires occurring in the territory of one Contracting Party close to the national border, fire units of the other Contracting Party may, if there is a risk of spreading fire to the territory of the other Contracting Party, cross the national borders without travel documents and intervene even if no assistance has been requested.
(3) National borders may also be crossed without travel documents by health or veterinary service workers, if they have been asked for assistance.
(4) The persons referred to in paragraphs 1 to 3 may cross national borders at any place and shall be entitled to stay in the territory of the other Contracting Party if necessary. They may carry the necessary material and means without special permission. When returning, they usually use the nearest border crossing point.
(5) In the case of natural disasters or other cases of danger to the life or health of persons near national borders, vulnerable persons may cross national borders at any place without travel documents. However, they shall report to the competent local authorities without delay.
Final provisions
(1) For the purposes of this Treaty:
(a) the national border of a continuous series of vertical thinking planes which separate the territory of the Czech Republic and the Slovak Republic, as well as the space vertically above and below the earth's surface;
(b) the border section of the demarcated area adjacent to the national border where the border agent operates;
(c) the border waters of the sections of rivers and other watercourses in which national borders take place, as well as surface and groundwater in the profiles where national borders overload them;
(d) the border route or section of the journey the border line of which is being drawn;
(e) border authorities by authorities carrying out border control and border traffic control;
(f) customs authorities which control persons, goods and values at national borders according to foreign exchange, customs and other rules;
(g) border traffic control activities carried out by border and customs authorities in the crossing of persons and goods across national borders;
(h) border crossing point for the crossing of persons and goods across national borders;
(i) an exceptional occurrence of an industrial accident, an aviation disaster, a major accident, an ecological accident, etc.,
(j) the proximity of the national borders of an area at a depth of 15 km inland from the national borders.
(2) Such acts shall be deemed to be a breach of order at or near the national borders in the territory of one Contracting Party which harm or threaten the interests of the other Party, its territory or its lives, health or the legitimate interests of persons who reside in its territory. Such infringements shall in particular be deemed to be:
(a) shooting which is understood to mean cases where the missiles are caught in or fly over the territory of the other Contracting Party, regardless of any other consequences;
(b) airspace disruption which means the crossing of an air vehicle without a permit across national borders;
(c) a territorial disturbance which means unauthorised entry into the territory of the other Contracting Party, even if the intruder returns or intends to return from there of his own accord,
(d) an act of violence, threats or other similar conduct by which persons staying in the territory of the other Contracting Party near national borders seek to cross them;
(e) the effect of a fire which means intentional or negligent action resulting in a fire in the territory of the other Contracting Party;
(f) damage to border features which means intentional or negligent activity resulting in destruction, damage, illegal transfer, transfer or removal of border features;
(g) explosions which exceed national borders and cause damage to the territory of the other Party by pressure of air, impact of fragments or fragments;
(h) pollution of the environment, which means the transport or unauthorised dispatch to the territory of the other Party of explosive, radioactive, biological or chemical materials and substances, or the destruction of plant cultures, as well as the pollution of frontier waters resulting in the death of fish, or the use of explosive, narcotic or irritating substances during fishing;
(i) an offensive act, meaning verbal, or using technical means of sound, reproduced, exhorting speech, song or music, which are audible in the territory of the other Contracting Party, the placing on the territory of both Contracting Parties of extravagant inscriptions and drawings visible from the territory of the other Contracting Party, or their transport by means of means of transport to the territory of the other Contracting Party which prejudice the interests of both Contracting Parties;
(j) any other breach of order at national borders which means actions not referred to in points (a) to (i).
(3) A violation of order at national borders shall not be considered
(a) unintentional crossing of national borders, meaning the crossing or crossing of persons across national borders in the event of loss of orientation, ignorance of local terrain, falling asleep on international trains, under adverse weather conditions or in a state of insanity;
(b) the establishment of domestic animals which means the crossing of unguarded or uncontrollable domestic animals into the territory of the other Contracting Party;
(c) the arrival of means of transport and other water in the territory of the other Contracting Party as a result of the effects of water and wind.
Each Contracting Party shall bear its expenses in connection with the performance of the tasks arising from this Treaty.
This Treaty shall not apply to commitments arising from other multilateral and bilateral agreements concluded by the Contracting Parties.
This contract is for an indefinite period. The Contracting Parties may terminate it in writing at any time by diplomatic means, the Treaty being terminated six months after the date of receipt of the notice.
This Treaty shall enter into force after it has been approved by both Parties under their respective constitutional requirements. The Treaty shall be applied on a provisional basis as from 1 January 1993.
Dane in Prague on 29 October 1992 in two copies, each in the Czech and Slovak languages, both texts being equally authentic.
For the Czech Republic:
Václav Klaus v. r.
For the Slovak Republic:
Vladimir Meciar v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 234 / 1993 Coll., on the negotiation of a Treaty between the Czech Republic and the Slovak Republic on the regime arrangements and on cooperation at common national borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.09.1993 |
|---|---|
| Effective from | 03.05.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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