Decree No 33 / 1967 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Privileges and Immunities of the Danube Commission
Valid
Effective from 28.01.1964
33
DECLARATION
Minister for Foreign Affairs
of 8 March 1967
concerning the Convention on the Privileges and Immunities of the Danube Commission
At the XXI. meeting of the Danube Commission held in Budapest on 13 February 1963, the Convention on the Privileges and Immunities of the Danube Commission was adopted.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed on 15 May 1963.
The President of the Republic ratified the Convention and the instrument of ratification was deposited with the Danube Commission on 8 October 1963.
Pursuant to its Article VII. paragraph 4, the Convention entered into force on 28 January 1964. This date also entered into force for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
CONVENTION
on the privileges and immunities of the Danube Commission
Contracting Parties,
having regard to Articles 14 and 16 of the Convention on the Danube Navigation Scheme, signed on 18 August 1948,
taking into account that the Danube Commission, its officials and representatives of the countries of the Danube Commission enjoy in the territory of each of the Contracting Parties the privileges and immunities necessary for the performance of their functions and for the achievement of the objectives set out in the Convention on the regime of navigation in the Danube,
agree on the following provisions:
Legal person
The Danube Commission (hereinafter the Commission) is a legal person and has competence in particular:
(a) negotiate contracts;
(b) acquire, hire and dispose of property;
(c) act before a court.
Property, funds, assets, documents
1. The Commission's official offices, archives and documents of all kinds shall be inviolable. The wealth, funds, claims and assets of the Commission, wherever they are located, shall enjoy immunity from any administrative and judicial interference, except where the Commission itself waives immunity in an individual case.
2. The Commission shall be exempt from all national and local direct taxes and charges. This provision shall not apply to fees for the provision of municipal and other similar services.
3. The Commission shall be exempt from customs duties and restrictions on imports or exports of items intended for service.
4. In carrying out its tasks, the Commission shall have its property, funds and currency, taking into account the laws of the Contracting Parties.
Benefits of using fasteners
1. The Commission shall enjoy, in the territory of each of the Member States, the Convention on the cruise regime in the Danube with regard to priority in connection, rates and charges for postal, telegraph and telephone connections, at least as favourable as those provided for diplomatic missions in that country.
2. The Commission shall be authorised to use the cipher and to send its correspondence to couriers or sealed consignments enjoying the same immunity and privileges as couriers and consignments of diplomatic missions.
Representatives of the Member States of the Convention
1. Representatives of the countries in the Commission and their representatives shall enjoy, at the time of their stay in the territory of one of the Contracting Parties related to the activities of the Commission, immunity and privileges granted to diplomatic representatives in that country.
2. Member State advisers and experts The Commission shall enjoy the following privileges and immunities during its stay in the territory of one of the Contracting Parties in connection with the Commission's activities:
(a) immunity from arrest or detention and from jurisdiction;
(b) the integrity of all documents and documents;
(c) the same customs advantages as regards their personal baggage as provided for in that country for diplomatic missions of similar rank;
(d) exemption from personal duties and direct taxes and salary charges paid to them by the State which appointed them.
Where the imposition of a tax is linked to the residence of the person to whom it is to be imposed, the period of residence of advisers and experts of the Member States of the Convention in the territory of one of the Contracting Parties for the purpose of carrying out their duties shall not count as the period of residence.
(3) Privileges and immunities under this Article shall be granted to the persons referred to in paragraphs 1 and 2 solely in the interests of the service. Each Member State of the Convention shall be entitled and obliged to waive the immunity of its representative in all cases where, in the view of that country, immunity would impede the exercise of justice and where the waiver of immunity is not contrary to the objective for which it was granted.
4. The provisions of paragraphs 1 and 2 of this Article shall not be applied to representatives of the countries, their representatives, advisers and experts in the State of which they are members.
Commission staff
1. The Commission shall determine the categories of staff covered by this Article. The names of the staff members included in these categories shall be notified by the Director of the Secretariat and the Commission's work apparatus to the Member States of the Convention.
2. Commission staff in the territory of each Member State of the Convention
(a) shall be exempt from judicial and administrative liability for all acts which they may take in the performance of their duties in connection with the Commission's activities;
(b) are exempt from personal duties;
(c) are exempt from direct taxes and salary charges paid to them by the Commission;
(d) benefit from the same customs advantages as those granted to officials of diplomatic missions of similar rank for their personal luggage in that country.
3. In addition to the privileges and immunities referred to in paragraph 2 of this Article, the Director of the Secretariat and the Commission's work apparatus and its Deputy Members shall enjoy, in addition to the privileges and immunities referred to in paragraph 2 of this Article, the privileges and immunities accorded to diplomatic representatives in that country.
The privileges and immunities referred to in this Article shall be granted to the persons referred to therein solely in the interests of the Commission and the uninterrupted exercise of their duties. The Commission shall be entitled and obliged to waive the immunity of any member of staff in all cases if, in its view, immunity would impede the exercise of justice and surrender is possible without prejudice to the interests of the Commission.
5. Points (b), (c) and (d) of the second paragraph of this Article shall not be implemented against Commission staff in the country of which they are members.
Resolving disputed issues
Any issues which may arise in connection with the implementation or interpretation of this Convention shall be dealt with by common agreement of the Parties to which they relate.
A dispute which has not been resolved in this way will be referred to the Commission, which will make recommendations to the parties to settle it.
Final provisions
1. This Convention shall be open for signature by the Member States of the Convention on the Transit Scheme of the Danube of 1948 to 15 May 1963 inclusive.
2. The Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Commission.
3. After 15 May 1963, the Convention shall be open to the access of States referred to in paragraph 1 of this Article. The instruments of access shall be deposited with the Commission.
4. The Convention shall enter into force on the date of deposit of the fifth instrument of ratification or accession. For each State which ratifies or accedes to the Convention after its entry into force, the Convention shall become effective on the date of deposit of its instrument of ratification or accession.
5. This Convention shall be drawn up in one copy in the Russian and French texts, which shall be equally authentic. The Convention shall be deposited in the archives of the Commission.
6. The Commission shall send a certified copy of this Convention to all Contracting Parties to the Convention on the regime of navigation in the Danube, 1948 and inform them of the signatures and the deposit of each instrument of ratification or accession, as well as of the date on which this Convention enters into force.
Written in Budapest on 13 February 1963.
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Regulation Information
| Citation | Decree No. 33 / 1967 Coll., on the Convention on the Privileges and Immunities of the Danube Commission |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.1967 |
|---|---|
| Effective from | 28.01.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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