Communication from the Ministry of Foreign Affairs No. 237 / 1994 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 Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and on crossing of national borders in special cases and the Agreement between the Ministry of Interior of the Czech Republic and the Federal Ministry of Interior of the Federal Republic of Germany on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and on crossing of national borders in special cases
Valid
International Treaty
Effective from 01.12.1994
Text versions:
15.12.1994
237
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 3 November 1994 the following were signed in Bonn:
Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and crossing national borders in special cases
and
The Arrangement between the Ministry of Interior of the Czech Republic and the Federal Ministry of Interior of the Federal Republic of Germany on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and on the crossing of national borders in special cases of 3 November 1994.
The Agreement entered into force on 1 December 1994 pursuant to Article 11 (1) thereof. The Arrangement in accordance with the text of its Article 7 (1) entered into force at the same time as the Agreement.
The Czech version of the Agreement is hereby published at the same time. The Czech version of the Arrangement 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 Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and crossing national borders in special cases
the Government of the Czech Republic and the Government of the Federal Republic of Germany (hereinafter referred to as the "Contracting Parties'),
led by the desire to facilitate the movement of persons between border zones of both States and in specific cases,
agree as follows:
Subject matter
(1) This Agreement provides for the facilitation of crossing national borders and residence of persons in the border zones of the Czech Republic and the Federal Republic of Germany. The facilitation shall consist of the authorisation to cross the common national borders in tourist zones and places specifically designated and to stay in the border zone of the other State for a specified period. Seats specifically designated for this purpose are those places where tourist paths intersect common national borders.
(2) In addition, this Agreement provides for the facilitation of crossing national borders outside border crossing points and outside their designated opening times in specific cases.
(3) The use of border routes in their overall scope does not constitute crossing of national borders within the meaning of this Agreement and therefore does not require otherwise necessary documents to cross national borders.
Border zones
(1) Border zones within the meaning of this Agreement are:
- on the sovereign territory of the Czech Republic, an area bounded by a line at a distance of 25 kilometres from the common national borders to the inland; if this line crosses the territory of the municipality, it belongs to the border zone of the entire territory of the municipality,
- in the sovereign territory of the Federal Republic of Germany, those regional counties which accede to the common national borders, as well as the cities with their own self-government situated therein.
(2) For cultural, tourist or other serious reasons, the Contracting Parties may, by mutual agreement, include other municipalities in border zones.
(3) The Contracting Parties shall exchange with diplomatic notes the lists of territorial administrative units which constitute border zones pursuant to paragraphs 1 and 2.
Crossing state borders on hiking trails
(1) The Contracting Parties will establish hiking trails crossing national borders for the purpose of conducting hiking, cycling, ski, riding or water sports, as well as for persons using horse mounts or carriages for disabled persons. They shall agree on the places in which tourist trails will intersect common national borders as well as their nature and date of entry into service. Each Contracting Party shall at the same time inform the other Contracting Party in writing of the progress of the tourist routes in its sovereign territory.
(2) Nationals of both States and nationals of third States not subject to the visa requirement in either of the two States or in any of the Member States of the European Union may cross national borders on tourist routes crossing national borders within the framework of the nature referred to in paragraph 1 and stay for up to seven days in the border zone of the other State, provided that they have a valid document for crossing national borders.
Crossing state borders in tourist zones
(1) The Contracting Parties will establish tourist zones for hiking, cycling, ski, riding or water sports in border zones, as well as for persons using horse-drawn or carriages for disabled persons. The agreed nature and date of the opening of the tourist zone and determine the extent of the tourist zone and the section of national borders that intersects the tourist zone.
(2) Nationals of both States, as well as nationals of third States not subject to the visa requirement in either of the two States or in any of the Member States of the European Union, may cross national borders anywhere within the tourist zones within the framework of the nature referred to in paragraph 1 and stay there for up to seven days if they have a valid document for crossing the national borders.
Cross-border crossing in specific cases
(1) Persons and groups of persons who are not subject to the visa requirement in either of the two States or in any of the Member States of the European Union may be allowed to cross national borders outside established border crossing points and their designated opening times for the purpose of satisfying social, religious, cultural, sporting or other interests, provided that this is necessary to achieve them and does not conflict with public interests.
(2) The consent to cross the national borders referred to in paragraph 1 shall be given in writing by the competent authority of one Contracting Party, in agreement with the competent authority of the other Contracting Party. It is always issued to the responsible person for groups of persons. Consent may be restricted by the setting of conditions. It may be cancelled at any time. When crossing national borders, it is necessary to carry a valid document for crossing national borders and the consent granted under this paragraph.
Border control
Persons crossing national borders under this Agreement shall be subject to border and customs control.
Recruitment
(1) The competent authorities of the Contracting Parties undertake to take back persons who have entered the territorial territory of the State of the other Contracting Party under this Agreement and who:
(a) have infringed the provisions of this Agreement; or
(b) stay there illegally.
(2) The details of the readmission procedure referred to in paragraph 1 shall be determined by the competent authorities of the Contracting Parties in an implementing arrangement.
Customs provisions
(1) Imports and exports of goods, including means of transport, by persons crossing national borders under this Agreement are governed by the legislation in force in both States.
(2) The exemption from customs duties, taxes, levies and charges under this legislation is granted on goods of a non-commercial nature which are imported and exported by persons referred to in paragraph 1 in connection with travel and residence in the border zone of the other State solely for personal use or consumption during the journey or as simple work equipment for temporary use.
(3) Imports and exports of goods, including commercial means of transport, are permitted outside established border crossing points and fixed opening times only if authorisation is given in advance by the competent authorities of both Contracting Parties.
Relationship with legislation
This Agreement shall be without prejudice to legislation in force in both States, for example concerning:
(a) refusal of entry, expulsion, termination of stay and execution of expulsion;
(b) refugees and asylum,
(c) the pursuit of a gainful activity;
(d) prohibitions and restrictions on the import, export and transit of goods, including means of transport, in particular provisions on the veterinary, phytoquarantine, regulations on weapons, ammunition, explosives, pollutants, as well as substances harmful to human health, cultural monuments and museum objects;
(e) imports and exports of tender and foreign exchange instruments;
(f) conservation of nature and landscape.
Suspension of implementation of the Agreement
(1) Each Contracting Party may temporarily suspend, in whole or in part, the implementation of this Agreement on account of threats to public policy or security, the health of the population or other serious reasons. If this Agreement is suspended, the Contracting Parties shall implement Article 7 for a period of 30 days from the date on which the Agreement was suspended.
(2) A Contracting Party intending to suspend or renew the Agreement must inform the other Contracting Party thereof in writing in advance.
Final provisions
(1) This Agreement shall enter into force on the first day of the month following that in which the Contracting Parties signed the Agreement.
(2) This Agreement shall be concluded for a period of three years. It shall then be renewed for a further period of three years, unless one of the Contracting Parties denies it by a diplomatic note no later than six months before the expiry of the relevant period.
(3) Article 7 will be implemented for a period of 30 days after the date on which this Agreement expires.
Done at Bonn on 3 November 1994 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government
Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Government
Federal Republic of Germany:
Dieter Kastrup v. r.
State Secretary of the Federal Ministry
Foreign affairs
Manfred Kanther v. r.
Federal Minister for Interior
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 237 / 1994 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and on crossing of national borders in special cases and the Arrangement between the Ministry of Interior of the Czech Republic and the Federal Ministry of Interior of Germany on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on small border traffic on tourist trails and in tourist zones and on crossing of state borders in special cases |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1994 |
|---|---|
| Effective from | 01.12.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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