Decree of the Minister for Foreign Affairs No. 43 / 1982 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on rail transport on transit routes on the common state border and in privileged railway transit
Valid
Effective from 13.10.1981
43
DECLARATION
Minister for Foreign Affairs
of 3 February 1982
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on rail transport on railway lines at the common national border and in privileged rail transport by rail
On 1 April 1981, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on rail transport on transit routes on the common state border and in privileged rail transport was signed in Prague. The Agreement entered into force on 13 October 1981 pursuant to Article 30 thereof.
The Czech version of the Agreement is hereby published at the same time.
First Deputy:
Ing. Book v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on railway services on the common state border and in privileged rail transport
Government of the Czechoslovak Socialist Republic and Government of the German Democratic Republic
building on the Treaty of Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the German Democratic Republic of 3 October 1977,
in accordance with the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation in the field of transport and on passport, customs and other control at the crossing of national borders of 21 December 1970 and the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and on mutual assistance on border issues of 8 September 1976,
led by the desire to adjust rail transport on the road lines on the common national border and privileged rail transport,
they have agreed as follows:
I. General provisions
Agreement
(a) rail traffic on railway lines operated by the Railway Administration of one Contracting Party, partly situated in the sovereign territory of the other Contracting Party (hereinafter referred to as "transit traffic");
(b) the carriage of persons and goods, including baggage and express mail, by rail from the sovereign territory of the Czechoslovak Socialist Republic to the sovereign territory of the Czechoslovak Socialist Republic in free transit through the sovereign territory of the German Democratic Republic, as well as from the sovereign territory of the German Democratic Republic to the sovereign territory of the German Democratic Republic in free transit through the sovereign territory of the Czechoslovak Socialist Republic, referred to as privileged carriage by rail (hereinafter referred to as "privileged transport").
Within the meaning of this Agreement:
(a) "carriage train" means a railway train of the railway administration of one Contracting Party passing through the sovereign territory of another State in transit or privileged transport;
(b) "transit territory" means the territory of a State passing through the transit trains of the rail administration of the other Contracting Party;
(c) "transit line" means a section of the railway line reserved for carriage by or by road or privileged by trains;
(d) "railway undertaking authorised to carry out carriage by road" means the railway administration of one Contracting Party authorised to drive by train through the territory of another State.
The carriage lines referred to in Article 1 (a) shall be:
(a) the section of the railway line Oberoderwitz-Wilthen between km 21,031 and km 22,053, operated by the Railway Administration of the German Democratic Republic (German Reich Railway), situated on the sovereign territory of the Czechoslovak Socialist Republic;
(b) the section of the railway line situated on the sovereign territory of the Czechoslovak Socialist Republic between Plauen (Vogtland) hor. tank. -Bad Brambach, between km 47,610 and km 48,137, operated by the German Reich Railway;
(c) part of the Vojtanov railway track, situated between km 59,259 and km 59,459 of the railway line Bad Brambach- Vojtanov in the sovereign territory of the German Democratic Republic, operated by the railway administration of the Czechoslovak Socialist Republic (Czechoslovak State Railways);
(d) sections of the railway line Bad Brambach-Vojtanov between km 51,897 and km 52,085, as well as between km 55,525 and km 59,459, situated on the sovereign territory of the German Democratic Republic, operated by the Czechoslovak State Railways from the state border at km 51,325 (tariff point).
The lines for privileged transport within the meaning of Article 1 (b) shall be:
(a) between Gross- Schönau (Sachs) and Seifhennersdorf section of the railway line of the Czechoslovak State Railways from km 9,688 to km 13,707, on which lies Varnsdorf Station; and
(b) between Varnsdorf and Liberec, the section of the railway line of the German Reich Railways from km 9,688 to km 24,528, on which lies Gross-Schönau (Sachs) and Zittau.
The Railway Administration authorised to conduct transit services has the right to transport persons and goods, including baggage and express goods, on transit routes, as well as postal consignments from the sovereign territory of the Czechoslovak Socialist Republic to the sovereign territory of the German Democratic Republic in the sovereign territory of the Czechoslovak Socialist Republic or from the sovereign territory of the German Democratic Republic to the sovereign territory of the Czechoslovak Socialist Republic in the sovereign territory of the German Democratic Republic in free transit.
(1) Unless otherwise provided for in this Agreement, transit and privileged transport shall be subject to the rules in force in the territory of transit.
(2) The authorities responsible for the transit territory are responsible for maintaining order and safety on the transit route.
(3) Trains may be accompanied by members of the border, passport or customs authorities of a Contracting Party whose rail administration is authorised to carry out transit operations on the ferry lines.
(4) Railway Administration train staff authorised to carry out carriage by road shall exercise rail supervision on train movements. It shall ensure that, in the event of an unplanned stop in the transit territory, passengers do not arbitrarily board or perform.
(1) Provisional and privileged transport is not subject to passport and customs inspection. These services have the same validity as national services.
(2) Prohibitions on imports, transit or exports in force in the territory of transit shall not apply to persons and goods carried on movement trains. The seizure of goods by the authorities responsible for the transit territory shall not be permitted.
(3) Persons who commit or commit criminal activity from or in transit trains may be excluded from free movement by the authorities responsible for transit. The competent authorities of the other Contracting Party shall be informed accordingly.
(1) It is not permitted to perform or embark on ferry lines, as well as to surrender or receive objects. This shall not apply to train staff in the performance of their duties and, in the case of paragraph 2, Article 10 (5), Article 16 (2) and Article 22.
(2) Road trains of privileged transport used for the carriage of passengers may, by agreement of the competent authorities of the two Contracting Parties, be used for interstate passenger transport if the boarding or disembarkation of passengers as well as the loading or unloading of baggage and express mail is carried out at a border station at a border crossing point designated as a place of joint control in accordance with the Annex to the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on common control at national borders of 16 February 1973.
(3) Road trains of privileged transport may be used by railway administrations and border, passport and customs authorities for travelling to and from the sovereign territory of the other State. The boarding and performance in the sovereign territory of the German Democratic Republic is only allowed at the Zittau border station. The competent authorities of both Contracting Parties shall negotiate the details.
(1) Both Parties shall ensure that there are no defects in transit and privileged transport.
(2) Railway administrations of the Contracting Parties shall inform each other of any difficulties which make transit or privileged transport more difficult, restrictive or impossible.
(3) The railway administration responsible for the operation and maintenance of the line is the failure on the rolling line.
(4) In accidents, interruptions, etc. on transit lines, the railway administrations of the Contracting Parties shall assist each other on request and for the reimbursement of their own costs by their personnel, vehicles and material to the extent permitted by their own service.
(1) The personnel of railway administrations authorised by the establishment, supervision, maintenance, cancellation or re-entry of railway installations on railway lines on the sovereign territory of the State of the other Contracting Party must hold a cross-border pass.
(2) Members of border, passport and customs authorities, railway administrations' staff and workers of other authorities of the Contracting Parties involved in the control, handling and provision of transit and privileged transport may, in the performance of their activities, cross national borders with a cross-border pass.
(3) Crew of auxiliary trains and snowploughs, as well as other persons, may, in order to provide emergency assistance in accidents, interruption of operations, etc. cross the national border with a personal card.
(4) The crossing of the national border may take place in the cases referred to in paragraphs 1 to 3 on the intersecting railway line and the national border referred to in Articles 3 and 4.
(5) The persons referred to in paragraphs 1 and 3 are entitled to import and export materials, means of transport, work equipment and tools, as well as items of personal need for carrying out the tasks assigned to them, and food and consumables for a reasonable period of their stay without authorisation and duty-free.
(1) Any railway authority authorised to carry out carriage by road will provide transport of rolling stock by its traction vehicles, its wagons and its workers. Train staff shall be aware of the track and local conditions within the meaning of the regulations in force.
(2) Trains shall comply with the relevant technical regulations and guarantee safe operation. Responsibility lies with the Railway Administration authorised to carry out transit traffic.
(3) Driving vehicles of rolling stock may be equipped with radio-telephony devices which may be used in the transit territory if necessary for communication with local services.
(4) Trains shall not be transferred or taken over between railway administrations.
(1) Passengers and goods, including baggage and express services, will be checked in transit and privileged services according to the applicable regulations and tariffs of the railway administration authorised to carry out transit services.
(2) The tariff revenue from transit and privileged transport is attributable to the rail administration authorised to carry out transit.
(1) They shall be carried on the train without charge of postal consignments of all kinds in postal wagons, postal units or railway wagons accompanied or without the accompanying of postal staff.
(2) Postal boxes of postal wagons on the carriage trains must be closed on the transit territory. Postal staff shall not leave wagons or receive or surrender any mail in transit territory; the derogation constitutes an adjustment in Article 8 (2).
(1) The Contracting Party to the State in whose sovereign territory the transit line referred to in Article 3 is situated provides free free transit to the Railway Administration of the other Contracting Party authorised to carry out transit services, as well as the use of rail tracks, ground structures and ancillary equipment, including the necessary space.
(2) For the use of the rolling stock referred to in Article 4 and for the performance of the railway administration of the rolling stock associated with privileged transport, the Railway Administration shall pay compensation in accordance with the number of axle kilometres travelled. The amount of this refund (rate per axle kilometre) shall be determined on the basis of the own costs of the railway administration of the transit territory and shall be separately agreed between the railway administrations of the Contracting Parties.
The railway administrations of the Contracting Parties shall further agree on the method of detection of travelled axle kilometres as well as the method of deduction and compensation.
II. Specific provisions for transit
(1) The transport lines referred to in Article 3 shall be operated, controlled, maintained and restored by the Railway Administration authorised to carry out the carriage of the goods by its own forces and means, in accordance with its regulations and at its expense. The provisions of Article 17 shall apply to the Bad Brambach-Vojtanov route referred to in Article 3 (d).
(2) Railway administrations of the Contracting Parties shall inform each other of the intended modifications to the railway equipment or communication and signalling equipment on the railway lines, as well as of the modifications to construction in the vicinity of the rolling lines where the modifications may affect the performance of the rolling stock.
(3) Where there are transport facilities, vans or line telephone calls on the transit route, the necessary adjustments to the occupancy, travel, provision, cleaning, etc.
(4) The railway authorities authorised to carry out transit services shall be allowed to operate long-distance telephone connections of all kinds via the external line or by ground cables along the railway in order to operate.
(1) Railway administrations of both Contracting Parties will inform each other of the timetables for scheduled trains on the ferry lines. Trains must comply with the rule that they will pass through the road without stopping at the speed indicated in the timetable.
(2) If, for reasons of accident or other unforeseen event, the need for an exceptional stop on the train on the ferry route is not possible and the next journey is not possible, the performance shall be permitted under the supervision of the competent authorities. In an agreement with the competent border agent appointed under the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at common national borders and on mutual assistance on border issues of 8 September 1976, the Railway Administration authorised to carry out transit services shall without delay arrange everything necessary for the further carriage of passengers. It is necessary to ensure that the necessary assistance is provided to postal workers.
For the operation, supervision, maintenance and renewal of the line Vojtanov-Bad Brambach [Article 3 (d)], these specific provisions shall apply.
(a) the management of traffic and road in the transitional and connection service is governed by the provisions of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on cooperation in the field of rail transport of 23 June 1972;
(b) between Vojtanov and on the ferry line, as referred to in Article 3 (d), situated at the Plesná station, the Czechoslovak State Railways carry trains by their own staff and their own vehicles and pass through for that purpose in accordance with Article 5 the transit line situated in the sovereign territory of the German Democratic Republic;
c) Czechoslovak State Railways are responsible for the supervision, maintenance and renewal of railway equipment on railway lines from the state border in km 51,325 to the Vojtanov station. The use of the crossing in km 59,210 shall be guaranteed. Under the Czechoslovak State Railways, the German Reich Railways can take over the supervision, maintenance and renewal of railway equipment located in the sovereign territory of the German Democratic Republic between km 55,525 and km 59,459 at their expense; the arrangements for implementation shall be agreed between the railway administrations of the two Contracting Parties;
(d) the railway administrations of both Contracting Parties must specifically agree on the way and scope of the communication and security facilities between the Vojtanov and Bad Brambach stations, as well as the links with the stations, the Zones, the line telephone points located on the border line. Such communication facilities shall not be connected to public networks. Supervision, maintenance, removal of defects and restoration of designated communication and signalling equipment are the responsibility of Czechoslovak State Railways on transit lines from the state border at km 51,325 to the Vojtanov station. Under the Czechoslovak State Railways and at their expense, the German Reich Railways can take over the surveillance, maintenance, removal of defects and the restoration of communication and security facilities located on the sovereign territory of the German Democratic Republic between km 55,525 and km 59,459. The arrangements for implementation shall be agreed between the railway administrations of both Contracting Parties.
(1) The investigation of accidents on the ferry lines shall be carried out jointly by the Railway Administration authorised to carry out transit traffic and by the competent authorities of both Contracting Parties.
(2) The removal of the consequences of accidents or other unforeseen occurrences on railway lines shall be the responsibility of the Railway Administration authorised to carry out the carriage of passengers.
(3) The Railway Administration and the other authorities of the Contracting Party of the State on whose territory the rolling line lies shall, as far as possible, provide to the Railway Administration authorised to carry out the rolling traffic on request and for the reimbursement of its own costs, assistance and support to deal with the consequences of accidents or other unforeseen events.
III. Special provisions for privileged transport
(1) Railway administrations of the Contracting Parties are required to comply with the transit lines determined in accordance with Article 4 for privileged transport, in an operational condition and to supervise, maintain and renew them at their own expense.
(2) The railway administrations of the Contracting Parties shall provide each other with the telephone lines required on the transit routes for transit and shall maintain them at their own expense.
(1) Timetables for carriage trains in privileged transport shall be drawn up by the Railway Administration of the Transport Territory in agreement with the Railway Administration authorised to conduct transit transport. Planned stops in the transit territory shall be fixed only for the cases referred to in Article 8 (2) and (3).
(2) When changing the timetable, new timetables shall be notified to border, passport and customs authorities at least 15 days in advance. Any other change in timetables, the running of trains, the delay of trains longer than 30 minutes and the driving of a special train shall be communicated to them in due time.
(1) The rolling stock shall be subject to the traffic and signalling rules on the rolling stock, as well as to the instructions of the railway administration of the rolling stock, except for the train signs for which the railway undertaking's signalling regulations are applicable.
(2) The formation of trains and the introduction of traction vehicles on rolling stock shall be carried out in agreement with the railway management of the rolling stock in accordance with the needs and regulations of the railway administration authorised to carry out the rolling stock.
(3) Railway administrations of the Contracting Parties must forward to each other, in due time and free of charge, the necessary transport and signalling regulations, instructions and timetables, as well as their amendments, for carriage by road.
(1) If, for reasons of accident or other unforeseen event, a further journey of a transit train is not possible, the railway administration of the transit territory, in agreement with the competent border agent appointed under the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on cooperation at the common national borders and on mutual assistance on border issues of 8 September 1976, shall, together with the railway administration of the other Contracting Party, arrange all necessary for the further carriage of passengers and goods.
(2) Travelers, railway and postal workers, as well as border, passport and customs officers, should be provided with the necessary assistance, support and medical care for injuries. Such persons shall comply with the instructions of the competent authorities of the transit territory.
(1) For cases where vehicles of the rolling stock have become inefficient on the rolling track, the Railway Administration of the Contracting Parties shall agree specific arrangements (e.g. method of repair, delivery of spare parts or return).
(2) The removal of wagons from the rolling stock shall be permitted on the rolling stock only if the technical damage to the wagons or load defects on the vehicles threatening the operation makes it impossible to carry on. The customs authorities of the transit territory shall be informed of the removal.
(3) If a loaded vehicle has to be transferred due to damage or loading defects, it shall be under the supervision of the customs authorities of the transit territory.
IV. Provisions on liability
Damages and accidents occurring in the transit territory by means of the transport of transit trains shall be the responsibility of the third railway authority authorised to carry out transit traffic.
Where workers of the railway or postal administration of one Contracting Party suffer damage in the performance of their service in the sovereign territory of the State of the other Contracting Party, the damage shall be borne by the railway or postal administration of the workers.
The following principles shall apply to the application of mutual claims between the Railway Administrations of the Contracting Parties:
(a) the damage caused by the railway administration's staff in the performance of their duties shall be the responsibility of the railway administration due to them;
(b) the railway administration responsible for managing, maintaining and restoring such structures, equipment or propulsion vehicles is responsible for the damage caused by the defective state of railway structures, equipment or propulsion vehicles;
(c) the railway administration authorised to carry out the carriage of goods shall be responsible for damage caused in the transit territory by the defective condition of wagons of carriage trains or by non-professional loading;
(d) the damage caused by force majeure shall not be recovered from each other;
(e) if damage has been caused by the workers of the railway administrations of both Contracting Parties in the performance of their duties or if it is not possible to identify who caused the damage, both railway administrations shall be responsible equally for it.
The Railway Administration of one Contracting Party shall have the right to penalise the Railway Administration of the other Contracting Party where it has been sentenced by a valid decision to compensation for damage for which the other Railway Administration is wholly or partly responsible under Article 26. The same right of penalty arises where both railway administrations have agreed that one of them will discuss claims for compensation, even if, pursuant to Article 26, the other Railway Administration is responsible in whole or in part. However, in the case of penalties, the proportions, recognition and judgments of default shall be binding on the other railway administration only if it has given its written consent in advance, or if it has not expressed its claims for compensation in the requested, at least 15 days' time, at the request of the railway administration.
The Railway Administration of the Contracting Parties shall, in the relevant arrangements for the implementation of this Agreement, adapt the procedure for determining the causes and extent of damage.
V. Final provisions
(1) The competent authorities of the Contracting Parties shall enter into appropriate arrangements to implement this Agreement.
(2) All payments and deductions resulting from the implementation of this Agreement will be made under payment agreements applicable to both Parties.
(1) This Agreement shall be subject to approval under the national law of the Contracting Parties and shall enter into force on the date of the exchange of notes on such approval.
(2) At the same time, they expire
1. Arrangements negotiated between the Czechoslovak Republic and the German Democratic Republic on privileged rail transport
(a) from the territory of the Czechoslovak Republic to the territory of the Czechoslovak Republic on the section Liberec- Varnsdorf via Zittau in the territory of the German Democratic Republic,
(b) from the territory of the German Democratic Republic to the territory of the German Democratic Republic on the section Seifhennersdorf-Gross-Schönau via Varnsdorf in the territory of the Czechoslovak Republic
of 30 December 1950
2. Agreement between the Government of the Czechoslovak Republic and the Government of the German Democratic Republic on rail transport on continuous routes at national borders of 25 April 1956.
(1) This Agreement shall be concluded for five years.
(2) The Agreement shall be extended by a further year each time, unless it is terminated in writing by one of the Contracting Parties at the latest six months before the expiry date.
Made in Prague on 1 April 1981 in two copies, each in Czech and German languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Ing. Vladimir Blažek v. r.
(Minister for Transport)
For the Government
German Democratic Republic:
Ing. Otto Arndt v. r.
(Minister for Transport)
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 43 / 1982 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the German Democratic Republic on Railway Transport on the Transit Lines on the Common State Border and in the Privileged Rail Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1982 |
|---|---|
| Effective from | 13.10.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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