Decree of the Minister for Foreign Affairs No. 25 / 1978 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and mutual assistance on border issues
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Effective from 12.09.1977
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25
DECLARATION
Minister for Foreign Affairs
of 14 February 1978
on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and mutual assistance on border issues
On 8 September 1976, the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and mutual assistance on border issues was signed in Berlin.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 12 September 1977.
Pursuant to Article 34 of the Treaty, the Treaty entered into force on 12 September 1977.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and mutual assistance on border issues
The Czechoslovak Socialist Republic and the German Democratic Republic, in the spirit of the Declaration on Strengthening Friendship and Enhancing Brotherhood Cooperation between the Communist Party of Czechoslovakia and the Single Socialist Party of Germany and between the Czechoslovak Socialist Republic and the German Democratic Republic of 17 October 1974, agreed to conclude this Treaty in order to further deepen their cooperation at the common national borders.
To this end, their agents appointed:
President of the Czechoslovak Socialist Republic
Major General Karl Kropaček,
Deputy Minister of Interior of the Czechoslovak Socialist Republic,
State Council of the German Democratic Republic
Lieutenant General Erich Peter,
Deputy Minister for National Defence and Commander of the German Democratic Republic's Border Forces,
who, after exchanging their full powers, found in good and proper form, have agreed as follows:
Appointment and competence of border agents
In order to carry out the tasks arising from this Treaty, the competent authorities of each Contracting Party shall establish a principal border agent as well as a representative of the principal border agent, of the border agent, of the representative of border agents and of the assistants of border agents.
(1) The persons referred to in Article 1 shall designate:
1. Government - principal border agent;
2. the competent minister - representative of the main border agent and border agent;
3. principal border agent - representative of border agents;
4. the competent border agent (s) of the border agent.
(2) The Governments of the Contracting Parties shall inform each other by diplomatic means of the appointment of the principal border agents within 30 days of the entry into force of the Treaty.
(3) The main border agents and border agents are authorised to invite experts.
(1) The main border agents, as well as their representatives, border agents, their representatives and assistants, shall be given the power of attorney in Czech or Slovak and German. The models of these full powers are given in Annexes 1 to 5.
(2) Full powers shall be exercised by:
1. for the Prime Minister's principal border agent;
2. for representatives of the principal border agent, border agent and their representatives and assistants, those persons who have appointed them pursuant to Article 2 (1).
(1) The main border agents shall in particular carry out the following tasks:
1. Establishes the principles of cooperation between national border control authorities to implement measures at common national borders (hereinafter referred to as "national borders");
2. evaluate the effectiveness of border control, the state and the maintenance of border features, discuss serious events at national borders and establish common measures to improve security and order at national borders;
3. manage and coordinate the activities of border agents;
4. discuss matters which could not be resolved by border agents or which exceed their competence;
5. proceed with matters which could not be resolved or which go beyond their jurisdiction to be discussed by diplomatic channels.
(2) The provisions of paragraph 1 (5) shall not preclude the transfer to the principal border agent of a question which has been discussed by diplomatic channels.
(1) Border agents shall in particular carry out the following tasks:
1. assess regularly the situation at national borders, coordinate the use of forces and means of national border control and ensure the exchange of information between national border authorities;
2. establish common measures to ensure security and order at national borders, including those necessary to carry out economic and technical work at national borders;
3. ensure the crossing of national borders by rescue units and auxiliary cooperatives in natural disasters, accidents or other emergency situations, as well as in their joint exercises;
4. control the state of state borders.
(2) Border agents shall investigate, discuss and, to the extent of their competence, decide in particular in the following cases:
1. in the event of breaches of national borders by persons;
2. in acts or events close to national borders which have led to the death or harm to the health of persons or, where appropriate, to the destruction or damage of goods in the national territory of the other Contracting Party;
3. in the event of damage, destruction or unauthorised transfer of border signs;
4. in the event of damage caused by a breach of order at national borders;
5. in the case of the finding of goods or animals found in the national territory of the other Contracting Party;
6. the unauthorised exchange of objects across national borders;
7. In other events at national borders, the decision of the principal border agent or diplomatic channels is not needed to address them.
(3) In addition, border agents shall carry out the tasks arising for them under other agreements concluded between the competent authorities of the Contracting Parties.
(4) Border agents shall immediately inform each other of the situation and events which may jeopardise security and order at national borders.
(5) The opening and termination of the measures of the competent authorities shall be immediately informed by border agents:
1. in the case of natural disasters, accidents and other emergency situations which may have consequences in the national territory of the other Contracting Party;
2. in the presence of communicable diseases and diseases in humans or animals and in the presence of field or forest pests near national borders;
3. in the detection of oil or other harmful substances in border waters or in waters close to national borders where they may have consequences in the national territory of the other Contracting Party;
4. In the case of air pollution near national borders, where it may create an imminent danger to the health of persons, animals or plants in the national territory of the other Contracting Party;
5. temporary closure of border crossing points or restrictions on crossing national borders.
This is without prejudice to the exchange of information through diplomatic channels.
(6) Border agents shall refer matters which they have not been able to resolve or which exceed their competence to the principal border agents.
(7) The provisions of this Article shall not preclude the transfer to border agents of a question which has been discussed by the main border agents or by diplomatic channels.
Representatives of the main border agents and representatives of border agents shall have the same rights and obligations as the persons they represent within the scope of their tasks.
(1) The agents of border agents shall carry out the tasks assigned to them by border agents or their representatives.
(2) Border agents of both Contracting Parties shall jointly determine the scope of the tasks assigned to the assistants.
Security and order at national borders
(1) Border agents of the Contracting Parties shall cooperate in preventing distortions of national borders, in prosecuting and detaining persons who are attempting to cross national borders illegally or who have illegally crossed national borders (hereinafter referred to as "intruders") and in investigating other cases of infringements of legislation governing security and order at national borders.
(2) In the event that the infringement leads in the national territory of the other Contracting Party, the prosecuting authority of the State Border Protection Authority of the other Contracting Party shall immediately transmit all necessary information to enable further prosecution.
(3) The immediate prosecution of an intruder across national borders in the national territory of the other Contracting Party shall be conducted only by national border control authorities with the agreement of the border agent of the other Contracting Party. Without this consent, immediate prosecution may be conducted only if the delay would result in a breach leak. The immediate prosecution shall be allowed only exceptionally in the cases necessary and only in the place where the prosecuting authority meets the competent authorities of the other Contracting Party, but up to a maximum of 5 km of the national territory of the other Contracting Party. The immediate prosecution in the municipalities is not permitted.
(4) For immediate prosecution in the national territory of the other Contracting Party, service dogs and service vehicles may be used.
(5) The immediate prosecution shall be considered to be cases where the wanted person is in the sight of a fighter or if the service dog is following a scent.
(6) In the course of immediate prosecution in the national territory of the other Contracting Party, the use of weapons is permitted only in the event of necessary defence. Access to buildings is inadmissible. The executing authority shall be entitled to determine whether the detained intruder is carrying a weapon or other items which it could use against the executing authority and to secure the weapon or objects.
(7) An intruder detained in the event of immediate prosecution in the national territory of the other Contracting Party shall be transmitted without delay, together with the items secured in the immediate prosecution and detention of the national border control authorities of the Contracting Party in whose territory he was detained. Article 9 shall apply to the next procedure.
(1) Persons who have been detained for the purpose of crossing the border without authorisation shall be transferred by the border agent to the border agent of the other Contracting Party. The surrender shall be carried out in accordance with the law of the Contracting Party in whose national territory the persons have been detained within 48 hours of the detention. At the same time, the items and means of payment carried by persons when detained shall be transferred if such items and means of payment are exported from the national territory of the other Contracting Party. The means of payment of the Contracting Party in whose national territory persons have been detained shall not be transmitted if it is clearly established that the funds have been obtained illegally.
(2) Detainees shall not be transferred if they are nationals of the Contracting Party on whose national territory they have been detained.
(3) Persons detained pursuant to paragraph 1 shall not be transferred if the competent authorities of inquiry have taken a different decision for the unauthorised crossing of national borders or suspected of committing other offences. In this case, the provisions of the applicable contractual arrangements between the Contracting Parties on mutual legal assistance in criminal matters shall apply.
(4) In any event, the border agent of the other Contracting Party shall be immediately informed of the detention for unauthorised crossing of the national borders, even if no surrender takes place.
(1) Persons who have been detained for unintended unauthorised crossing of national borders shall be transferred without delay to the border agent of the Contracting Party whose territory they have come from. With regard to the items and means of payment which persons have carried on detention, the procedure shall be followed mutatis mutandis in accordance with Article 9 (1).
(2) Where the persons referred to in paragraph 1 are nationals of a Contracting Party in whose national territory they have been detained, the competent authorities of that Contracting Party may, in agreement with the competent authorities of the other Contracting Party, decide to return those persons to the national territory of the other Contracting Party without delay.
(3) Where the persons referred to in paragraph 1 are suspected of committing offences in the national territory of the Contracting Party in which they were detained, Article 9 (3) and (4) shall apply mutatis mutandis.
A border agent of a Contracting Party may refuse or postpone the taking-over of the persons referred to in Article 9 or 10, indicating the reasons for the refusal or postponement.
Animals or objects found in the national territory of the other Contracting Party may be returned with the consent of border agents.
(1) Border agents shall jointly investigate damage caused by disturbance to order at national borders. Such investigations shall include the collection and provision of evidence and their transmission to the competent authorities.
(2) Border agents may clarify the damage to a small extent, together with the source of the damage and the injured party after their mutual agreement on the spot. Such cases of damage shall not be transmitted to the authorities responsible for dealing with compensation where it is clear from a protocol issued by border agents that the injured party has no further requirements.
(3) The arrangements for compensation shall be agreed between border agents or other competent authorities in accordance with the applicable rules on payment between the Contracting Parties, unless the damage has been replaced otherwise.
(4) The decisions of border agents in the cases referred to in paragraph 2 shall not preclude the possibility of claiming legal proceedings.
The investigations carried out under this Treaty by border agents shall not constitute acts carried out by the investigating authorities.
The Contracting Parties shall carry out economic work near the national borders in such a way as not to prejudice the interests of the other Contracting Party and to take account of security and order at the national borders.
In the case of hunts, it shall be prohibited to shoot across national borders and chase game on the national territory of the other Contracting Party.
Fishing in border waters is permitted from shore to border, only from east to sunset.
The border agents of the Contracting Parties shall inform each other of the upcoming festivities at the national borders and shall lay down the necessary security measures related thereto.
Operation at border crossing points and privileged direct rail transport, as well as cooperation between the competent authorities of the two Contracting Parties in joint checks on persons crossing national borders and on costs carried across national borders, shall not be affected by this Treaty.
(1) Roads and roads on which national borders take place, where appropriate, which are wholly or partly in the national territory of a Contracting Party and which are used by citizens of both Contracting Parties on the basis of local circumstances, will be maintained by the competent authorities of the Contracting Parties to meet the transport needs.
(2) The competent authorities of the Contracting Parties shall inform the principal border agents of the planned road and road maintenance measures referred to in paragraph 1.
(3) Citizens of the Contracting Parties using the roads and roads referred to in paragraph 1 do not need the documents which are otherwise required to cross national borders and are subject to the legislation of the Contracting Party to which they are nationals.
(4) The list of roads and roads referred to in paragraph 1 shall be approved by the Governments of the Contracting Parties.
Crossing state borders
(1) The principal border agents, their representatives and border agents, their representatives and their assistants may, in connection with the performance of their tasks, cross national borders on the basis of their full powers.
(2) Experts required to be present in the performance of their tasks shall only cross national borders in the presence of one of the persons referred to in paragraph 1.
(1) The persons referred to in Article 21 shall be exempt from customs inspection and import and export restrictions, customs duties and other charges in respect of their official documents, means of transport and other items intended for their service and necessary personal use when crossing national borders and while staying in the national territory of the other Contracting Party.
(2) The persons referred to in Article 21 may wear a uniform and a service weapon while staying in the national territory of the other Contracting Party. In carrying out their duties in that national territory, they shall enjoy the rights of personal integrity; their means of transport and service documents are also untouchable. The other Contracting Party shall provide such persons, at their request, with the necessary assistance, in particular by providing means of transport, accommodation and links with their own authorities.
(1) Persons who, by virtue of agreements between the competent authorities of the Contracting Parties, are responsible for the measurement, marking and maintenance of national borders, work on transport or other technical installations, work on bridges, water management measures, regulatory work on frontier waters, assessment work, maintenance and control of public facilities and work on translation stations or other works near national borders in the State territory of the other Contracting Party must have a border card.
(2) In order to carry out the work referred to in paragraph 1, national borders may also be crossed outside border crossing points in agreement with the competent border agent.
(3) The border card authorises work on the national territory of the other Contracting Party up to a depth of 5 km. If necessary, this distance may be extended with the agreement of the border agents of both Contracting Parties.
(4) Persons who, for the purpose of carrying out work, have crossed national borders outside the border crossing points shall be allowed to stay in the national territory of the other Contracting Party only from sunrise to sunset. Where work is to be carried out at night, the border agents and, in particular, the local national border control authorities of both Contracting Parties should be informed in due time. This information shall not be submitted to staff performing day and night services to ensure operation at the translation stations.
(1) The persons referred to in Article 23 (1) are entitled to import and export, free of duty, material, means of transport and working tools required to carry out the work entrusted to them, to and from the national territory of the other Contracting Party. Where work lasts for several days, these items may be left at the workplace with the agreement of the competent authorities of that Contracting Party.
(2) The competent authorities of the Contracting Parties shall jointly lay down the principles for exemption from customs duties and restrictions applicable when crossing the national borders for persons referred to in Article 23 (1).
(1) The members of the passport and customs control authorities, the staff of railway administrations and the staff of other organisations, the contracting parties involved in the control, handling and operation at border crossing points may cross national borders in order to perform their duties on the basis of border cards.
(2) The limits referred to in Article 23 (3) and (4) shall not apply to the persons referred to in paragraph 1.
The main border agents shall jointly lay down the necessary measures to be followed by the competent authorities of the Contracting Parties in carrying out the economic and technical work which will overload national borders. To this end, those authorities are required to inform the principal border agent in due time of the planned measures.
Border agents of the Contracting Parties shall be entitled, by mutual agreement, to authorise the crossing of national borders outside border crossing points in other individual cases.
The identification of models and the issuing of border cards shall be carried out in accordance with the national provisions of the Contracting Parties. The competent authorities of the Contracting Parties shall exchange models of border cards.
(1) In natural disasters, accidents and other emergency situations near national borders, the competent authorities of one Contracting Party may request assistance from the competent authorities of the other Contracting Party through border agents. Where there is a risk of delay or where this results from other agreements, the competent authorities of one Contracting Party may request assistance from the competent authorities of the other Contracting Party directly; the competent authorities of the Contracting Party shall immediately inform the border agent thereof.
(2) In order to provide the assistance referred to in paragraph 1, rescue units and auxiliary cooperatives, as well as doctors and other health professionals, may cross national borders with a personal identification and stay in the national territory of the other Contracting Party for the period necessary to provide assistance.
(3) The crossing of national borders in the cases referred to in paragraph 1 may take place at border crossing points or at other agreed places for that purpose.
(4) The materials, instruments, tools, means of transport and fasteners to be used for the provision of assistance, as well as personal goods of the persons referred to in paragraph 2, are exempt from customs duties. Apparatus, tools, means of transport and fasteners, as well as unused materials, shall be returned.
(5) The provisions of paragraphs 2 to 4 shall apply mutatis mutandis to the implementation of joint exercises.
(1) In natural disasters, accidents and other emergency situations, persons may cross national borders at any place and at any time, if this can avert the risk of harm to their health or to other persons.
(2) The return of the persons referred to in paragraph 1 is ensured by the border agents of the Contracting Parties.
(1) The costs incurred in providing assistance in the cases referred to in Articles 29 and 30 shall be borne by the Contracting Party which has requested assistance or whose State citizens have received assistance.
(2) Such expenses include, in particular, compensation for death or injury to the person providing the assistance, as well as compensation for loss or damage to objects or tools.
(3) The right of assistance to compensation and the amount thereof shall be determined in accordance with the law of the Contracting Party in whose territory they live.
(4) The expenditure and refunds referred to in paragraphs 1 to 3 shall be paid in accordance with the applicable rules on payment between the Contracting Parties.
Persons participating near the national borders of mass gatherings or festivities held jointly by the State authorities or social organisations of both Parties shall cross national borders according to principles approved before their performance by the main border agents.
Final provisions
(1) In order to implement this Treaty, the competent central authorities of the Contracting Parties shall negotiate appropriate agreements.
(2) The Annexes to this Treaty may be amended by agreement of the competent central authorities of the Contracting Parties.
This Treaty requires ratification and enters into force on the date of the exchange of instruments of ratification. The replacement of instruments of ratification will take place in Prague.
This Treaty shall be negotiated for a period of 10 years. It shall be extended by five years each time, unless one of the Contracting Parties denies it not later than six months before the expiry of the relevant period of validity.
The date of entry into force of this Treaty shall cease to be:
1. The Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on border agents of 22 September 1956;
2. The Convention of 6 October 1956 between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on Aid for Natural Actions, as amended by Article II, made by an Exchange of Notes of 28 May 1963.
This Treaty was drawn up in duplicate in Berlin on 8 September 1976, each in the Czech and German languages, the two texts being equally authentic.
To prove it, the agents signed this treaty and secured it with their seals.
For
Czechoslovak Socialist Republic:
Kropeček v. r.
For
The German Democratic Republic:
Peter v. r.
Příloha 1
Annex 1 to Decree No. 25 / 1978 Coll.
Příloha 2
Annex 2 to Decree No. 25 / 1978 Coll.
Příloha 3
Annex 3 to Decree No. 25 / 1978 Coll.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 25 / 1978 Coll., on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and mutual assistance on border issues |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.03.1978 |
|---|---|
| Effective from | 12.09.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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