Decree No 46 / 1972 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on the Implementation of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on Cooperation and Mutual Assistance in Border Affairs
Valid
Effective from 05.05.1972
46
DECLARATION
Minister for Foreign Affairs
of 22 May 1972
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on the implementation of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on cooperation and mutual assistance on border issues
On 17 December 1971, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on the implementation of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on cooperation and mutual assistance on border issues was signed in Warsaw.
Pursuant to Article 26 thereof, the Agreement entered into force on 5 May 1972.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on the implementation of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on cooperation and mutual assistance on border issues
The Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic, led by the wish to adjust the conditions for the implementation of the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on legal relations at the Czechoslovak-Polish state borders, on cooperation and mutual assistance on border issues signed in Prague on 2 December 1967 (hereinafter referred to as the Treaty), decided to conclude the following agreement:
Border agents
1. The Contracting Parties shall notify each other by diplomatic channels within 30 days of the entry into force of this Agreement of the names, surnames, rank and registered offices of the principal border agents.
2. The main border agents shall, within 60 days of the entry into force of this Agreement, exchange lists containing the names, surnames, rank and registered office of the representatives of the main border agents, border agents and their representatives.
3. Border agents shall exchange at their first meeting after the entry into force of this Agreement lists of names, surnames, rank and registered offices of their assistants.
4. The Parties shall immediately inform each other through diplomatic channels of any change in the capacity of the principal border agent.
5. The main border agents shall immediately notify themselves of changes in the functions of their representatives, border agents and their representatives.
6. Border agents shall immediately notify themselves of changes in the functions of their assistants.
1. The principal border agents and their representatives, border agents and their representatives and their assistants shall be equipped for the performance of their duties within the meaning of the Treaty and this Agreement by an authorisation drawn up in the Czech, Slovak and Polish languages.
2. Empowerment Exhibit
(a) for the main border agent of the Czechoslovak Socialist Republic - Prime Minister of the Czechoslovak Socialist Republic, for the main border agent of the Polish People's Republic - President of the Council of Ministers,
(b) to the representative of the principal border agent, the border agent and his representative, the competent minister;
(c) for helpers of the border agent - border agent.
3. The models of authorisation are set out in Annex 1 to this Agreement.
The main border agents shall carry out the tasks arising from the Treaty for them, in particular:
(a) establish principles for the exchange of experience concerning the control of national borders;
(b) specify the types of signs and signals agreed upon;
(c) discuss plans for the joint construction and use of existing connecting and other technical equipment to protect national borders;
(d) lay down models of certificates and other documents to be drawn up when persons, documents, animals and objects are taken over;
(e) evaluate and coordinate the joint work of border agents and border authorities.
Border agents shall carry out their tasks under the Treaty, in particular:
(a) evaluate the situation of crime at national borders and implement joint measures to combat such crime;
(b) discuss issues of cooperation in the performance of services at border crossing points, their security and maintenance;
(c) communicate without delay the unauthorised landing (or, where appropriate, the force majeure) of river vessels at the shore of the other State and the unauthorised crossing of national borders by aircraft and their landing in the territory of the other State and, by mutual agreement, implement measures to return river vessels and aircraft to the territory of their own State;
(d) communicate without delay any natural or other disasters arising in the territory of one State which may endanger the territory of the other State; in the case of fires, carry out measures in cooperation with the competent authorities to ensure that the fire does not spread to the territory of the other State;
(e) ensure the crossing of national borders by rescue teams in the event of natural disasters and other disasters, in accordance with the principles laid down in the relevant agreements; they may, at the request of the other Contracting Party, release through national borders organised rescue units in other cases not covered by agreements;
(f) in urgent cases, provide medical assistance to the citizens of the other Contracting Party and, if necessary, to the nearest hospital;
(g) implement measures to avoid the crossing of national borders by domestic animals;
(h) transmit to the principal border agent questions concerning central authorities and offices and issues within the competence of several border agents.
If the border agents fail to assess the settlement of the situation at the national borders, they shall, within 14 days, refer the matter to the principal border agents or through them to a diplomatic solution. The Protocol on this must state the position of the border agents of both parties on this case and their proposals for solutions.
1. When implementing the provisions of Article 21 of the Treaty, border agents shall draw up protocols specifying: the state, extent and cause of the damage, the culprit, the injured party and, where appropriate, the method of disposal.
2. Protocols for damages shall be made in Czech or Slovak and Polish, each in triplicate. Such protocols shall be signed by border agents of both Parties and transmitted to the competent authorities.
3. The measure provided for in this Article shall be implemented if the event affected by the national border scheme is affected.
In other cases of damage suffered, border agents shall jointly implement measures to clarify the case, ensuring that the evidence is provided and transmitted to the competent authorities.
Where it appears that cases or materials held by the border authorities of the other Party are needed for the investigation carried out by the border agent, the border agent of that party shall lend such a case or material for the request of the border agent of the other Party for the investigation period.
1. The negotiations of the main border agents and the meetings of border agents, as well as the meetings and meetings of their representatives, shall take place alternately on the territory of the two States.
2. Where further negotiations or meetings are needed, they shall normally take place in the territory of the State whose border agent has initiated them.
3. The draft agenda and the envisaged composition of the delegation shall be forwarded to the other Party at the same time as the proposal for a meeting or meeting.
The other Party shall promptly communicate its opinion on the proposed agenda, on the time and duration of the meeting, and at the same time send a list of participants.
4. A representative of the Party in whose territory the meeting or meeting is held shall be led by the hearing or meeting.
5. Negotiations or meetings may discuss problems which are not listed on the agenda adopted only with the agreement of both Parties.
1. The main border agents shall be held once a year. They may also meet more often in a year to discuss questions whose solutions do not suffer delay.
2. When necessary to clarify the various issues, representatives and other bodies may be invited to the meetings.
3. The first meeting shall take place within six months of the entry into force of this Agreement.
Meetings of border agents on the protection of national borders shall be held twice a year. In justified cases, further meetings may be held. Meetings may also be held on the initiative of the principal border agent.
1. Meetings of border agents shall be held on the proposal of one of them and, if possible, within the proposed deadline. The reply to the invitation shall be communicated without delay and in any event no later than 48 hours after receipt of the invitation. If the proposed date of the meeting cannot be accepted, another date should be proposed in response.
2. If a border agent of one Party submits a proposal to arrange a meeting with the agent of the other Party, that agent shall appear in person if his absence is not justified by serious causes. In this case, the border agent shall carry out the duties of his representative, which the border agent shall inform the border agent of the other Contracting Party in due time.
3. With the agreement of the border agent, meetings of their representatives may be held, unless otherwise provided by other provisions.
4. Meetings of the helpers shall be held only by agreement of border agents or their representatives.
5. Experts, translators or other persons whose participation is required in the hearing may attend meetings of border agents, their representatives or assistants from both sides.
The main border agents, their representatives, border agents and their representatives, as well as their assistants, shall draw up a record of each meeting or meeting carried out; The minutes shall include, in short, the main details of the course of the meeting, the measures taken and, where appropriate, the deadlines for their implementation. The model of the Protocol is set out in Annex 2 to this Agreement.
Matters of minor importance may be dealt with in writing or by means of means of means of communication, unless one of the parties insists on resolving the matter solely at a joint meeting or meeting.
1. Border agents shall agree on the manner and places in which their official documents, transfers of persons and property are exchanged. The place and time of each transmission shall be agreed in due time by border agents, their representatives or their assistants. The transfer of persons shall, as a general rule, be carried out at border crossing points as close as possible to the place where they have breached national borders.
2. The transfer of persons shall be carried out in person by border agents, their representatives or assistants; the transmission of documents and property may also be carried out by officers of the border authorities of the two Contracting Parties at the direction of border agents.
3. Official documents, persons and property shall be accepted continuously for 24 hours, including holiday days and other working days.
4. The transmission of animals shall be carried out in accordance with the principles agreed by the competent veterinary authorities of the two Contracting Parties, which shall be substantially closer to the place where the animals crossed national borders.
1. In the event that border traffic needs to be stopped or restricted in relation to epidemiological diseases of humans or animals, irrespective of whether they are communicated by other authorities of the Contracting Parties, the competent border agents shall inform each other of the time when border traffic is stopped or restricted.
2. Similarly, border traffic shall be restored.
1. Border agents shall carry out the tasks assigned to them by border agents or their representatives; In particular, they shall jointly examine the sites of breaches of national borders and, as a general rule, organise local searches in order to detain intruders of national borders.
2. Decisions taken by assistants at joint meetings shall take effect after approval by border agents.
(3) The matters of which no agreement has been reached between the assistants shall be referred to border agents.
Crossing state borders
1. The main border agents and their representatives, border agents and their representatives and their assistants may cross national borders on the basis of their respective mandates.
2. Experts, translators and persons whose participation is necessary to discuss questions or to carry out work under the instructions of border agents shall cross national borders on the basis of an authorisation issued by their respective border agent. The forms of authorisation are set out in Annex 3 to this Agreement.
The main border agents and their representatives, border agents and their representatives and their assistants, as well as their accompanying translators, experts and other persons, may, in the performance of their duties, within the meaning of the Treaty and this Agreement, in justified cases cross national borders and beyond border crossing points.
1. Persons carrying out activities at national borders related to the maintenance of national borders and border features, regulatory work at border waterways, measurement work, bridge and water construction work and other work contained in agreements concluded between the two Contracting Parties may cross national borders on the basis of an appropriate licence (hereinafter referred to as a border licence).
2. The rules of each Contracting Party shall be laid down by the authorities empowered to issue border cards and the manner in which they are issued.
3. The border card authorises residence in the territory of the other Contracting Party within a distance of 150 m from the national border.
The competent authorities of one Contracting Party may, on a proposal from the competent authorities of the other Contracting Party, agree to increase this distance. In this case, the new distance shall be indicated on the border licence by the authority which issued the border licence.
4. Staying in the territory of the other Contracting Party shall in principle only be permitted during the day. If work must be carried out at night, local border authorities should be informed in due time.
5. Before commencing work or other activities at the national border or within the territory of the other Contracting Party, the authorities carrying out such work or activity shall communicate to their competent border authorities the place and time of commencement and termination of such work or activity. Such border authorities shall immediately inform the border authorities of the other Contracting Party thereof.
6. The persons referred to in paragraph 1 shall be required to present a border card to the border authorities of the two Contracting Parties at each border crossing point. If there is a need to cross national borders several times in one day, the border card shall only be presented at the first and last crossing of national borders.
7. Border card holders shall be entitled to use service vehicles in the territory of the other Contracting Party where such authorisations are indicated on the border card.
8. The competent authorities of one Contracting Party shall, on a proposal from the competent authorities of the other Contracting Party, not issue border cards to certain persons and shall withdraw them already issued.
9. The competent authorities of the two Contracting Parties shall agree between each other on principles which exempt from import and export restrictions, customs duties and other charges objects carried by the persons referred to in paragraph 1.
The competent authorities of the Contracting Parties shall inform each other of the expiry of the border authorisation, the authorisation for the crossing of national borders or the border licence.
1. The right to cross national borders within the meaning of this Agreement shall be suspended in whole or in part if the borders are closed for health, veterinary or other reasons. The competent authorities of the two Parties shall inform each other in good time of the prohibition on border crossing.
2. Paragraph 1 shall not affect the crossing of national borders by border agents.
The border authorities of one Contracting Party may, on a proposal from the border authorities of the other Contracting Party, assist in prosecuting by sending a service dog with a dog port. The crossing of borders will take place in this case in a place agreed by border authorities.
If a person within the meaning of Article 17 of the Treaty has been prosecuted, the patrol commander shall draw up a protocol, indicating the time, place of crossing the border and the return of the patrol which has carried out the prosecution and the course of the prosecution. The Protocol shall be signed by the patrol commander and the nearest border authority of the other Contracting Party; If the authority of the other Contracting Party is not present close to the place where the prosecution has been completed, the Protocol must be signed at the next joint meeting of border agents.
1. A record shall be drawn up of the transfer or takeover of persons. The Protocol shall include, in addition to personal data relating to the person transferred, details of where and when he or she has disturbed the national borders, for what reasons, where and by whom he or she has been detained, and, where appropriate, what offences or offences he or she has committed following crossing the national borders, and whether or not he or she has been prosecuted for such offences or offences. Where possible, a copy of the decision of the prosecutor, court or administrative authority shall be attached to the Protocol. In addition, any complaint or request of the person transferred and the opinion of the competent authorities on such complaints or requests shall be indicated in the report. The record shall also list the items carried by the person transferred at the time of detention.
2. The transmission of domestic animals and the property found shall be agreed separately by border agents for each case. The transfer of animals and property shall be carried out in a protocol. The transmission of goods subject to control within the meaning of veterinary or other rules shall be carried out in accordance with principles established jointly by the competent authorities of the Contracting Parties.
3. When transferring persons, animals or property, border agents may agree on additional evidence to be transmitted to the other Party.
Final provisions
Protocols pursuant to Articles 12, 23 and 24 of this Agreement shall be drawn up in duplicate, each in the Czech, Slovak and Polish languages.
1. This Agreement shall be subject to approval under the laws of the Contracting Parties and shall enter into force on the date of the exchange of notes confirming such approval.
2. This Agreement shall apply for the duration of the Treaty unless one of the Contracting Parties denies it. In that case, it shall cease to be valid six months after the date of its notification.
Done at Warsaw, 17 December 1971, in duplicate, each in the Czech and Polish languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Ján Pješčak v. r.
For the Government
The Republic of Poland:
Tadeusz Pietrzak v. r.
Příloha č. 1a
Annex No 1a
Model of authorisation for the principal border agent
Příloha č. 1b
Annex No 1b
Model of authorisation for the representative of the principal border agent
Příloha č. 1c
Annex No 1c
Model of authorisation for border agent
Příloha č. 1d
Annex No 1d
Model of authorisation for the representative of the border agent
Příloha č. 1e
Annex No 1e
Model of authorisation for the assistant border agent
Příloha č. 2
Annex No 2
Příloha č. 3
Annex No 3
Authorisation to cross the Czechoslovak-Polish state borders
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Regulation Information
| Citation | Decree No 46 / 1972 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on the Implementation of the Treaty on Legal Relations at the Czechoslovak-Polish State Borders, on Cooperation and Mutual Assistance in Border Affairs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.1972 |
|---|---|
| Effective from | 05.05.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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