Decree of the Minister for Foreign Affairs No. 39 / 1978 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on Cooperation and Mutual Assistance at the Czechoslovak-Hungarian State Borders
Valid
Effective from 01.04.1978
39
DECLARATION
Minister for Foreign Affairs
of 7 April 1978
on the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on Cooperation and Mutual Assistance at the Czechoslovak-Hungarian State Borders
On 19 November 1976, the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on cooperation and mutual assistance at the Czechoslovak-Hungarian state borders was signed in Prague.
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 Budapest on 2 March 1978.
Pursuant to Article 30 of the Treaty, the Treaty entered into force on 1 April 1978.
The Czech text of the Treaty is published simultaneously.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Hungarian People's Republic on cooperation and mutual assistance at the Czechoslovak-Hungarian state borders
The President of the Czechoslovak Socialist Republic and the Presidium Council of the Hungarian People's Republic, led by the desire to strengthen and further develop cooperation at the Czechoslovak-Hungarian state borders, in the protection of state borders, border traffic control and in the establishment of rules of order at state borders, have decided to conclude this Treaty and have appointed their agents to this end:
President of the Czechoslovak Socialist Republic
Karl Crockee,
Deputy Minister of Interior of the Czechoslovak Socialist Republic,
Presidium Council of the People's Republic of Hungary
Dr. Janos Kamaru,
State Secretary of the Ministry of Interior of the People's Republic of Hungary,
who, after exchanging their full powers which have been found to be in good and proper form, have agreed as follows:
Appointment of main border agents and border agents
(1) The Government of each Contracting Party shall appoint a principal border agent and a representative of the principal border agent to carry out the tasks arising from this Treaty. The main border agents shall appoint the necessary number of border agents and representatives of border agents.
(2) The appointment and removal of the principal border agent shall be notified by diplomatic channels. The main border agents shall notify in writing the appointment and removal of their representatives, as well as border agents and their representatives.
(3) 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.
(4) Representatives of the principal border agent and representatives of border agents have the same rights and obligations as agents they represent.
(5) The principal border agent or border agent shall, as appropriate, issue to the assists and experts a mandate 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 and Hungarian.
(2) The principal border agents shall exchange the model documents referred to in paragraph 1.
Tasks of the main border agents and border agents
The main 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 control at national borders, cooperation and mutual assistance and take measures to strengthen cooperation in these areas;
(b) manage and regulate 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 regular working deliberations of border agents;
(d) decide in cases where no agreement has been reached between border agents or where the resolution of the case goes beyond the competence of border agents;
(e) transmit particularly serious, complicated or questionable cases to which they have not agreed to be dealt with, together with their comments on the settlement by diplomatic channels;
(f) determine the manner, form and place of transfer of persons, domestic animals and objects;
(g) issue rules of procedure for their joint action and for the joint operation of border agents.
Border agents shall in particular carry out the following tasks:
(a) assess, together with the border agents of the other Party, the situation in cooperation and mutual assistance in the protection of national borders at border sections and implement measures to unify the activities of border authorities;
(b) inform the border agents of the other Contracting Party of the alleged crossing of national borders without authorisation or of persons who fled in pursuit of the pursuit in the territory of the other Contracting Party;
(c) inform without delay the border agents of the other Contracting Party of the landing of vessels of the other Contracting Party without authorisation and of the crossing of national borders by aircraft or of their landing without authorisation;
(d) inform without delay the border agents of the other Contracting Party of natural disasters, the occurrence of contagious and dangerous diseases in humans, animals and plant diseases and pests which may spread to the territory of the other Contracting Party and of the measures taken;
(e) inform the border agents of the other Contracting Party of work carried out near the national border which may cause damage to the territory of the other Contracting Party or of the life or health of persons present within its territory, of hunts carried out at a distance of 1 km from the border line and of night fishing in border waters;
(f) take measures to prevent and, where the infringement has occurred, investigate such cases and, together with border agents of the other Contracting Party, deal with them;
(g) jointly with the border agents of the other Contracting Party, they shall examine claims for compensation for damage caused by breaches of order at national borders, as well as claims for reimbursement of the costs referred to in Article 13 (2), in accordance with the law of the Contracting Party in whose territory the damage or costs were incurred, provided that the damage or costs did not exceed the amount of CZK 6800 or 10 000 Ft, and they shall submit the supporting documents to the competent authorities. If the damage or cost exceeds that amount, the matter shall be referred, together with its observations, to the principal border agents;
(h) submit to the principal border agents cases of breach at national borders which have not been agreed with border agents of the other Contracting Party;
(i) return persons who have crossed or strayed through the Czechoslovak-Hungarian state borders without authorisation and who have been detained in their vicinity (except for those referred to in Article 11 (1)), stray domestic animals, objects obtained by criminal activity or objects which have been introduced across the state borders by the operation of natural forces, as well as aircraft of the other Contracting Party.
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 (a) and to draw conclusions on the performance of other tasks arising from this Treaty.
(2) The draft agenda for a proper meeting shall be sent to the main border agent of the other Contracting Party at least 15 days before the meeting.
(3) Minutes of the ordinary sitting shall be drawn up in the Czech or Slovak and Hungarian languages.
(4) The registration shall be subject to approval under the national provisions of the Contracting Parties and shall enter into force 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. The draft programme shall be sent at least five days before the meeting.
(2) The minutes of the extraordinary meetings shall be drawn up, approved and enter into force in accordance with Article 5 (3) and (4).
(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) The border agent of the Contracting Party in whose territory a proper working meeting will take place shall send a written proposal to the border agent of the other Contracting Party for its implementation, together with the draft programme, at least five days in advance. The application shall be answered within 48 hours of its receipt. A border agent of the other Contracting Party may propose a new date or supplement the draft programme of a proper working meeting.
(3) An entry in the Czech or Slovak and Hungarian languages shall be drawn up from a proper working meeting.
(4) The minutes shall be approved by the principal border agents and shall enter into force on the date on which the border agents inform themselves of such approval.
(5) 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 interview witnesses and experts on the territory of both Parties. Joint investigation shall not replace the jurisdiction of the judicial or administrative authorities of the Contracting Parties.
(2) An extraordinary working meeting shall draw up the minutes referred to in Article 7 (3) and shall be accompanied by documents (photographs, situation plan, witness statements, etc.). Entry into force 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 the information necessary to investigate the breach of order or other events at national borders.
(1) Persons carrying out the tasks arising out of this Treaty shall, when performing them in the territory of the other Contracting Party:
(a) the guaranteed personal integrity and integrity of the official documents 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.
(2) Border agents shall, where necessary, assist the persons referred to in paragraph 1 in their accommodation, transport and in ensuring links with their own authorities.
Transmission of persons, domestic animals and objects
(1) Persons who have crossed the Czechoslovak-Hungarian state borders without authorisation and who have been detained in the territory of the other Contracting Party in their vicinity will be transferred as soon as possible but not later than 48 hours, including on working days. At the same time as those persons, the items which they carried with them at the time of their detention and which they exported from the territory of the other Contracting Party shall be transferred. However, articles and means of payment originating in the Contracting Party in whose territory persons have been detained shall not be transmitted.
(2) Persons who have strayed across national borders should be transferred as soon as possible.
(1) Persons who:
(a) they are nationals of a Contracting Party in whose territory they have been detained or the homeless who are resident in that Contracting Party;
(b) are nationals of the other Contracting Party and, in addition to crossing national borders without authorisation, have committed other illegal activities under the laws of the Contracting Party in whose territory they have been detained;
(c) they are nationals of a third State.
(2) The provisions on extradition under the applicable contractual arrangements for legal relations between the Czechoslovak Socialist Republic and the People's Republic of Hungary remain unaffected.
(1) The establishment of domestic animals in the territory of the other Contracting Party shall be notified to the border agent or the nearest border authority of the other Contracting Party in order to take measures to locate them. The animals found shall be separated from the other domestic animals and transmitted free of duty and other charges according to veterinary legislation, as a rule closest to the place where they were found.
(2) If the search has not led to success, no compensation may be required.
(1) Minutes of the transfer of persons, domestic animals or objects shall be drawn up.
(2) The registration must also include any costs associated with the holding and the veterinary treatment of domestic animals which have been restarted.
Operation at border waters and border routes
(1) Ships of both Contracting Parties may sail at any time in the full width of the main riverbed at border waters.
(2) The service vessels of both Contracting Parties (Border guards, security corps, customs authorities, state professional surveillance in navigation and water management) may sail at any time in the full range of border waters.
(3) Other vessels of both Contracting Parties (boats, powerboats, sailboats, etc.) may sail in frontier waters only to the border line from dawn to dusk.
(4) Vessels of both Contracting Parties sailing in frontier waters shall comply with the navigational rules issued in the agreement of both Contracting Parties.
(1) At the border flows of the Danube and the Tisas, the border guards, the security corps and the water authorities of the two Contracting Parties may, for service reasons, land on a shore situated in the territory of the other Contracting Party.
(2) Other vessels of both Contracting Parties may land on the shore situated in the territory of the other Contracting Party only in danger (storm, damage, etc.). The person responsible for the vessel shall immediately notify the border or order authorities of the other Contracting Party which provide appropriate assistance.
(3) The landing of vessels on international waterways is governed by specific regulations.
(1) Vessels of both Contracting Parties sailing in frontier waters must bear the appropriate characteristics in accordance with the applicable rules.
(2) The main border agents shall inform each other of the names of the vessels.
The provisions of the Convention on the Transit Scheme in the Danube, signed at Belgrade on 18 August 1948, remain unaffected.
(1) Both Contracting Parties may sail undisturbed timber throughout the entire length of the frontier waters, including sections where both sides belong to the territory of the other Contracting Party.
(2) The competent authorities of the two Contracting Parties shall determine the time and order of launching and sailing of timber, which shall be communicated to each other at least two months in advance; the start of the voyage shall be notified at least five days in advance.
(1) In order to secure the movement of timber, the competent authorities of both Contracting Parties may, under mutual arrangements, agree to allow persons to go ashore on the other Contracting Party and to establish transitional arrangements for sailing, launching or cleaning off the shores of floating timber.
(2) The time and place of entry of persons to the shore of the other Contracting Party for carrying out the work referred to in paragraph 1 shall be agreed with representatives of the competent authorities of the two Contracting Parties at least five days in advance.
(3) Persons sailing on frontier waters are subject to customs control.
(1) Each wood shall be marked in a special way. The competent authorities of the two Contracting Parties shall establish, on the basis of mutual arrangements, models of labelling and exchange them.
(2) If the bark of drifting wood is withdrawn, it shall not be allowed to reach the riverbed of the border flows.
The competent authorities of the two Contracting Parties shall inform the competent authorities of the measures taken pursuant to Article 18 (2), Article 19 (2) and Article 20 (1) of the respective border agent of their Contracting Party.
It is possible to use the full width on border roads; the competent authorities of the Contracting Parties may, by prior agreement, impose restrictions on operations in accordance with their regulations.
Fishing, hunting and carrying out work near national borders
(1) Fishing in frontier waters is permitted up to the border line.
(2) Fishing for fish, restocking and water management measures at border waters are governed by a special contract.
The Contracting Parties shall ensure that, in the pursuit of hunting activity near national borders, there is no disruption of the territory of the other Contracting Party as well as a threat to the life or health of persons present within the territory of the other Contracting Party.
(1) The Contracting Parties shall ensure that, when carrying out work (measurement, mining, agricultural and forestry work, etc.) near national borders, there is no damage to the territory of the other Contracting Party, as well as to the life or health of persons present in the territory of the other Contracting Party.
(2) The Contracting Parties shall ensure that surface mining is not carried out within 20 metres of the national border within their territory, unless otherwise provided for in a special contract.
(3) The Contracting Parties shall ensure that there is no obstacle to the drainage of large waters and shall take measures to prevent the spread of fire within the territory of the other Contracting Party.
(4) Where there is a risk of spreading fire within the territory of the other Contracting Party, the border authorities or authorities thereof should be informed immediately so as to be able to take appropriate measures or, where appropriate, to provide assistance in the fight against fire.
Extraordinary crossing of national borders
(1) In the case of natural disasters occurring in the territory of one Contracting Party close to the national borders, the rescue services of the other Contracting Party may cross the national borders without travel documents, provided that they have been requested for assistance by the competent authorities of the Contracting Party in whose territory a natural disaster has 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, 2 and 3 of this Article may cross national borders at any place and are entitled to stay in the territory of the other Contracting Party where 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
The meaning of the terms used in this Treaty is as follows:
(a) the national border - is a continuous series of vertical thought planes which separate the territory of the Czechoslovak Socialist Republic and the Hungarian People's Republic, as well as the vertical direction of the airspace above the Earth's surface and the space below the Earth's surface;
(b) the border line - is the intersection of the national borders with the ground surface, which is usually marked by boundary signs in the field;
(c) the border section - is the part of the border line on which the border agent operates;
(d) border waters - are sections of rivers and other natural watercourses, as well as the channels through which national borders (border flows) take place, as well as surface and groundwater in the profiles where national borders overload them;
(e) the border route - is the route or section of the route at the centre of which the border line takes place;
(f) border authorities - are bodies subordinate to the Federal Ministry of Interior in the Czechoslovak Socialist Republic or to the Ministry of Interior of the People's Republic of Hungary, which carry out border control and border traffic control;
(g) the management bodies - are the bodies carrying out the tasks relating to the protection of public order, transport and the water regime;
(h) border traffic control - is the control carried out by border authorities when crossing national borders by persons and means of transport;
(i) border crossing - is a railway station, part of a road or port intended for public tourism where the handling of persons and means of transport are carried out when crossing national borders.
Each Contracting Party shall bear its expenses in connection with the performance of the tasks arising from this Treaty.
The amounts referred to in Article 4 (g) may be amended by the Governments of the Contracting Parties by diplomatic means.
(1) This Treaty shall be ratified and enter into force on the 30th day following the date of the exchange of instruments of ratification. The replacement of the instruments of ratification will take place in Budapest.
(2) This Treaty is negotiated for an indefinite period. The Contracting Parties may denounce it by diplomatic channels and the Treaty shall expire six months after the date of its denunciation.
(3) With the entry into force of this Treaty, the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on border agents of 13 October 1956, the provisions of Articles 10-12, 16-18 and 22-24 of the Treaty between the Czechoslovak Republic and the People's Republic of Hungary on the adaptation of the regime at national borders of 13 October 1956, including points VI and VII of the Final Protocol to this Treaty and the provisions of Article 15 of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Hungarian People's Republic on the adaptation of border traffic of 16 October 1962.
Dane in Prague on 19 November 1976 in two copies, each in the Czech and Hungarian languages, the two texts being equally authentic.
To prove it, the agents signed this treaty and secured it with their seals.
From the power of attorney
President of Czechoslovakia
Socialist Republic:
gen Kropeček v. r.
From the power of attorney
Presidium
The Republic of Hungary:
Kamara v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 39 / 1978 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on Cooperation and Mutual Assistance at the Czechoslovak-Hungarian State Borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.1978 |
|---|---|
| Effective from | 01.04.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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