Communication from the Ministry of Foreign Affairs No 27 / 1994 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Czech and Slovak Federal Republic and the Republic of Austria on the facilitation of border handling in rail, road and water transport
Valid
Effective from 01.10.1992
27
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs stated that the Agreement between the Czech and Slovak Federal Republic and the Republic of Austria on the facilitation of border handling in rail, road and water transport was signed in Vienna on 17 June 1991.
The agreement was approved by the Federal Assembly of the Czech and Slovak Federal Republic and ratified by the President of the Czech and Slovak Federal Republic. The instruments of ratification were exchanged in Prague on 31 July 1992.
The Agreement entered into force on 1 October 1992 on the basis of Article 20 (2) thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Czech and Slovak Federal Republic and the Republic of Austria to facilitate border handling in rail, road and water transport
The Czech and Slovak Federal Republic and the Republic of Austria, with the intention of facilitating and speeding up handling at national borders in rail, road and water transport between the two states, agreed as follows:
General provisions
Within the meaning of this Agreement:
1. "border clearance" means the implementation of all the laws of the Contracting States to be applied when crossing national borders by persons and when importing, exporting and transit goods;
2. "Territorial State" means the Contracting State in whose territory the border clearance of the second Contracting State takes place;
3. "neighbouring State" means the second Contracting State;
4. "space" means the area of a territorial State in which the workers of a neighbouring State are authorised to carry out border checks;
5. "personnel" means persons who, as authorities responsible for border clearance, perform their duties as well as persons in charge of official supervision;
6. "goods" means goods, means of transport and values subject to foreign exchange regulations.
(1) The Contracting States shall facilitate and accelerate border handling in rail, road and water transport within the framework of this Agreement.
(2) To this end, they will be in a territorial State:
1. established a border ramp post of the neighbouring State; and
2. introduced on certain routes of border handling in means of transport while travelling or sailing.
(3) According to this Agreement, personnel of a neighbouring State shall be entitled to carry out border checks in a territorial State.
(4) The competent central authorities of the Contracting States shall, by agreement:
1. the establishment, modification or cancellation of border clearance posts referred to in paragraph 2;
2. routes on which workers of a neighbouring State in a territorial State
(a) they may carry out border handling in means of transport while travelling or travelling;
(b) the detainees or persons refused entry, as well as the goods or evidence secured, may transport to their State or accompany them to another border clearance post of their State; and
3rd floor.
(1) The space may include:
1. in rail transport
(a) parts of the station and other railway equipment (Article 2 (2) (1)); always includes the railway line between the national borders and the border ramp,
(b) at the time of the border check-in during the journey, the train on the designated sections of the railway line referred to in Article 2 (4) (2) (a), as well as the parts of the station through which the train passes;
2. road transport, parts of service buildings, road sections and other equipment; always includes a road between national borders and a border ramp;
3. in water transport
(a) parts of service buildings, waterways and coastal and port facilities; always includes the waterway between the national borders and the border ramp,
(b) in the case of border check-in during navigation, a ship on waterways, as defined in Article 2 (4) (2) (a), as well as parts of buildings and equipment on such waterways.
(2) In the official performance referred to in Article 2 (4) (2) (b), the designated routes shall be legally assimilated to space.
(3) The authorities of the Contracting States responsible for border handling and rail transport shall determine on which trains border handling is carried out while travelling.
Border handling
(1) In the area, all the legislation of that State on the crossing of national borders by persons and on the import, export and transit of goods shall apply to border clearance of the neighbouring State; the workers of the neighbouring State apply them to the same extent and with the same consequences as in their own national territory.
(2) Official acts carried out within the area by the staff of the neighbouring State shall be considered as being carried out in the municipality of the neighbouring State in whose territory the border crossing is concerned.
(3) The infringement of the legislation of the neighbouring State referred to in paragraph 1 which took place in the space shall be deemed to have been committed at the place referred to in paragraph 2.
(4) In other cases, the law of the territorial State applies.
(1) The powers referred to in Article 4 (1) include the right of detention and forced return. However, workers of a neighbouring State shall not be entitled to detain or take them into custody or transport them to a neighbouring State. However, such persons may be obliged to transfer them to their own forward border ramp or, if they do not exist, to the border clearance post of the territorial State for written record of the facts.
(2) In the event of measures referred to in paragraph 1, a territorial worker shall be invited without delay.
(3) The rules of the territorial state on the right to asylum remain unaffected.
(1) Border clearance of the exit State prior to the border clearance of the entry State shall be carried out in the area unless the border clearance of the exit State is abandoned.
(2) Immediately after the start of the border clearance by the exit State, the entry State personnel may carry out border checks on persons and goods which have already been checked out by the exit State staff in rail and water transport.
(3) After the start of the entry check-in, the workers of the exit State no longer have the right to carry out border check-in operations. However, if, after the start of the entry clearance of suspected criminal offences or if it is subsequently shown that a person for whom a search is being made is located in this area, the workers of the exit State, after prior notification by the entry State, have the right to repeat the operations of border clearance.
(1) The staff of the Contracting States may, by mutual agreement, derogate from the order laid down in Article 6 (1) where this is in the interest of rapid handling. In such cases, the staff of the Member State of entry may carry out detention or detention only after the border clearance of the State of exit has been completed. They shall present, if they wish to take such a measure, relevant persons and goods to the workers of the exit State, provided that the border clearance of the exit State of those persons and goods is not yet completed. If the workers of the State of exit wish to be detained or confiscated, they shall have priority.
(2) The amount of money collected by the staff of the neighbouring State at border check-in in the territorial State or the amount of money carried for service, as well as the goods detained or seized, may be transferred to the neighbouring State.
(1) Goods returned to that State or returned to that State on the initiative of the authorised person to the neighbouring State shall not be subject to export rules or exit procedures.
(2) Persons returned from the entry State shall not be prevented from returning to the exit State. It shall also not be prevented from re-importing goods into the exit State whose import has been refused by the staff of the entry State.
(3) In implementing the measures referred to in paragraph 2, the staff of the Contracting States shall inform and cooperate with each other.
Workers
(1) The staff of a neighbouring State may, subject to paragraph 2, cross national borders at all common border crossing points on the basis of an official card bearing a photograph for the purpose of carrying out the service in a territorial State. This card authorises workers to travel to the premises (Article 1 (4)), stay there and return from there to the neighbouring state.
(2) Personnel of a neighbouring State carrying out border checks in rail or water transport in the territorial State of the border must be provided with a service card and a service mandate in the German and Czech or Slovak languages. This service mandate shall include the name, date and place of birth, the number of the service card and the space (Article 1 (4)).
(3) Entry bans to individual workers of the neighbouring State are not affected by this adjustment. In such a case, the office of the neighbouring State which issued the service card or mandate shall be notified immediately.
(1) In the performance of their service in the area, the Territorial State provides the workers of the neighbouring State with the same protection and support as its own workers. The criminal law provisions of a territorial State for the protection of workers and the exercise of their powers should also apply to offences committed in a territorial State against workers of a neighbouring State in the performance of their services or in connection with that service.
(2) The service authority of the worker concerned through the competent authority of the territory State shall be notified without delay of the criminal activity committed by a worker of a neighbouring State in a territorial State.
(3) Deciding on claims for damages caused by workers of a neighbouring State in the performance of their services in the space shall be subject to the jurisdiction of the courts of the neighbouring State. These claims must be assessed under the law of that neighbouring State.
The staff of a neighbouring State may, in the performance of their duties in the territorial State as well as on their way to and from the premises, wear service clothes, service badges and service weapons, as well as the necessary service equipment and bring with them service dogs. However, weapons may be used only in case of self-defense.
(1) Where, in the course of or in connection with the performance of a service, a worker of a neighbouring State is killed or injured in a neighbouring State, or where the item which he carries is damaged or destroyed, claims for compensation under the law of the neighbouring State shall be assessed.
(2) The decision to make good the damage referred to in paragraph 1 shall give jurisdiction to the courts of the Contracting State in whose territory the conduct resulting from the damage has taken place or in whose territory the pest has its permanent residence. Jurisdiction shall also be given to the court of the Contracting State in whose territory the claimant resides.
(3) Decisions relating to claims for damages referred to in paragraph 1 issued by a court of one of the Contracting States or by conciliation in such cases before such court shall be recognised, with the exception of paragraph 4, in the other Contracting State and, where such decisions or settlements are enforceable, shall be enforced.
(4) Recognition and enforcement may be refused if:
(a) is likely to be incompatible with the public policy of the State in whose territory the decision or settlement is to be recognised and executed;
(b) the decision has been given or the settlement has been approved by a court which has not been given jurisdiction to give such a decision or to approve the settlement;
(c) in the same case between the same parties, the court of the Contracting State in whose territory the decision or settlement is to be recognised and executed has previously taken a final decision, or in the same case between the same parties, a settlement before the court in whose territory the decision or settlement is to be recognised and executed,
(d) the same case between the same parties has already been brought before the court of the Contracting State in whose territory the decision is to be recognised and enforced;
(e) the party against whom the decision is directed has been removed from the opportunity to participate properly.
Border ramp
As far as possible, the clearance and clearance times of the Contracting States' border clearance points should be established in a consistent manner.
(1) Compensation for the use of the facilities required for the border clearance post of a neighbouring State in rail, road and water transport in the territorial State will be agreed on a civil basis.
(2) Railways and water transport operators are obliged to carry and provide free-of-charge border handling personnel with the necessary train sections or cabs.
(1) The rooms designated as border clearance posts of a neighbouring State should be marked with official labels and sovereign marks.
(2) The entries on the service premises of the staff of the neighbouring State must be made in German and Czech or Slovak.
Articles intended for the service of border inspection posts or of staff of a neighbouring State during a service in a territorial State shall be exempt from authorisation and from any entry and exit charges. The customs security shall not be lodged. Prohibitions and restrictions on imports and exports shall not apply to such articles. This also applies to the service and own vehicles of workers imported into the territorial State for a transitional period for the purpose of the service.
(1) The Territorial State authorises the establishment and operation of telecommunications equipment required exclusively for the operation of pre-deployment border posts, as well as for their connection with the relevant facilities of the neighbouring State, without charge, subject to reimbursement of any installation costs and leasing. The operation of such telecommunications equipment is considered to be the internal operation of a neighbouring State. In the case of compensation for the establishment and use of railways, the rules negotiated between railway administrations shall apply.
(2) Except in the cases referred to in paragraph 1, the legislation of both Contracting States on the establishment, maintenance and operation of telecommunications equipment in their respective territories is without prejudice.
Final provisions
In the interests of national security or for reasons of other urgent public interests, each Contracting State may unilaterally suspend the application of this Agreement or its individual provisions temporarily with or without local restrictions. The second Contracting State shall be informed thereof in writing by diplomatic means without delay.
(1) The differences of opinion concerning the interpretation or implementation of this Agreement shall be addressed by the competent authorities of both Contracting States. This does not preclude a solution through diplomatic channels.
(2) If the differences of opinion cannot be resolved in this way, they shall be submitted at the request of one of the Contracting States to the arbitration panel.
(3) The arbitration panel shall be established on a case-by-case basis by designating each of the two Contracting States within three months of the date on which one of them has notified its intention to refer to the arbitration panel, after one of the magistrates, and by agreeing on a third-State national as the magistrates. If the agreement on the Supreme Conciliation Judge is not reached within six months after one of the two Contracting States has notified its intention to refer to the arbitration panel and unless otherwise agreed, the provisions of Article 45 of the Convention on the peaceful settlement of international disputes of 18 October 1907 shall apply to the designation of the Supreme Conciliation Judge, insofar as they apply to the choice of the Supreme Conciliation Judge.
(4) The arbitration panel shall decide on the basis of this Agreement and the arrangements concluded for its implementation, as well as the international agreements in force between the Contracting States, which may be applied at the time of the establishment or duration of the dispute, of international common law and of generally accepted legal principles.
(5) The arbitration panel shall act by a majority vote. His decisions are binding. Each of the Contracting States shall pay the costs of its magistrates; the other expenditure shall be borne by both Contracting States equally. In the rest, the arbitration panel shall adjust its own proceedings.
(6) With regard to the summons and interviews of witnesses and experts, the provisions on legal aid in force at that time between the two Contracting States shall apply mutatis mutandis.
(1) This Agreement is subject to ratification. The instruments of ratification will be exchanged in Prague, as soon as possible.
(2) This Agreement shall enter into force on the first day of the third month following the month in which the instruments of ratification were exchanged.
(3) This Agreement may be terminated at any time by diplomatic means in writing; shall expire 12 months after its termination.
Done at Vienna, 17 June 1991, in duplicate in the Czech and German languages, the two texts being equally authentic.
For the Czech and Slovak Federal Republic:
Magda Vasharyová v. r.
For the Republic of Austria
Erich Kussbach v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 27 / 1994 Coll., on the negotiation of the Agreement between the Czech and Slovak Federal Republic and the Republic of Austria on the facilitation of border handling in rail, road and water transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.1994 |
|---|---|
| Effective from | 01.10.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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