Communication from the Ministry of Foreign Affairs No. 5 / 1995 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the readmission of persons at the common national borders and the Agreement on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on readmission of persons at the common national borders
Valid
Effective from 01.01.1995
5
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 3 November 1994 the following were signed in Bonn:
Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on readmission at the common national borders
and
Arrangements for the implementation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the readmission of persons at the common national borders of 3 November 1994.
The Agreement entered into force on 1 January 1995 pursuant to Article 11 thereof. The Arrangement, in accordance with the text of its Article 6 (1), entered into force at the same time as the Agreement.
The Czech version of the Agreement is hereby published at the same time. The Czech version of the Arrangement can be consulted at the Ministry of Foreign Affairs and the Ministry of Interior.
AGREEMENT
between
Government of the Czech Republic
and
Government of the Federal Republic of Germany
on the readmission at common national borders
Government of the Czech Republic and Government of the Federal Republic of Germany ("the Contracting Parties')
led by efforts to facilitate readmission at common national borders and transit of persons in a spirit of cooperation and good neighbourhood and on a reciprocal basis,
agree as follows:
TRANSFER OF OWN STATE CITIZENS
(1) Each Contracting Party shall, without special formalities, take over, at the request of the other Contracting Party, a person who, in the territory of the State of the requesting Contracting Party, does not, or no longer, fulfil the applicable conditions for entry or stay, provided that it is demonstrated or demonstrated in good faith that he or she has the nationality of the State of the requested Contracting Party.
(2) The requesting Contracting Party shall take that person back under the same conditions if it is subsequently established that, at the time of leaving the State of the requesting Contracting Party, that person did not have citizenship of the State of the requested Contracting Party.
SURVEILLANCE OF CITIZENS OF THIRD STATES IN THE CASE OF INFRINGEMENT
(1) Each Contracting Party shall, at the request of the other Contracting Party without special formalities, take over a person who does not have the nationality of a State of any Contracting Party (hereinafter referred to as "a citizen of a third State") if it is established or demonstrated in good faith that he has travelled illegally from the State of the requested Contracting Party to the State of the requesting Contracting Party. Such entry shall be unlawful if, at the time of entry into the territory of the requesting Contracting Party, a citizen of a third State does not fulfil the applicable conditions for entry under the national provisions of the requesting Contracting Party.
(2) The readmission obligation referred to in paragraph 1 shall not apply to a citizen of a third State who, on entry into the territory of the State of the requesting Contracting Party, had a valid visa or other valid residence permit issued by that Contracting Party or to whom a visa or other residence permit has been issued by that Contracting Party after its entry.
(1) Each Contracting Party shall take over, without special formalities and after prior notification to the citizen of a third State, the readmission of which has been requested by the other Contracting Party within 72 hours of its unlawful entry.
(2) Where a takeover is requested after the expiry of the period referred to in paragraph 1, the request for takeover shall be submitted within six months of the date on which the competent authorities detect the unlawful entry of a citizen of a third State. The requested Contracting Party shall reply to the request for takeover addressed to it without delay and within eight days at the latest. The takeover of a third-State citizen shall take place without delay and no later than three months after the acceptance of the acceptance by the requested Contracting Party. This period shall be extended at the request of the requesting Contracting Party only in the case of legal obstacles to take-over, only for the period during which such legal obstacles remain. The taking-over may not be carried out for those third-country citizens who have been demonstrably present in the territory of the requesting Contracting Party for more than 12 months after the unlawful entry.
(3) The requesting Contracting Party shall, without special formalities, take back a citizen of a third State if the requested Contracting Party finds within 30 days of receipt that:
(a) has not entered the territory of the requesting Contracting Party from the territory of its State; or
(b) has been demonstrably present within the territory of the requesting Contracting Party for more than 12 months after the unlawful entry.
(1) A residence permit within the meaning of this Part shall be deemed to be any authorisation issued by the competent authority of one of the Contracting Parties which authorises residence in its territory. They shall not be considered as a temporary consent to stay in the territory of a State of one of the Contracting Parties for the purpose of discussing an application for asylum or an application for a residence permit.
(2) The competent authorities of the Contracting Parties shall inform each other of the legislation governing the authorisation of entry and residence in their territory.
TRANSPORT
(1) The Contracting Parties shall take over a citizen of a third State for police transit through the territory of their State if the other Contracting Party so requests and has secured the takeover in any Member State of transit and in the destination State.
(2) Police transit may be refused if:
(a) that person would be in danger of political persecution in another transit State or in a destination State or would be expected to be prosecuted or prosecuted; or
(b) there is a threat of criminal prosecution in the territory of the State of the requested Contracting Party; the requesting Contracting Party must be informed of this fact before the police transit takes place.
(3) The transit visa of the requested Contracting Party shall not be required.
(4) Notwithstanding the consent granted, the other Contracting Party may be referred back to persons taken over for transit if they subsequently occur or become aware of the facts within the meaning of paragraph 2 which prevent the transit or if no further journey or takeover by the target State is ensured.
DATA PROTECTION
(1) Where the transfer of personal data is necessary for the implementation of this Agreement, this information may relate exclusively to:
(a) personal data of the person transferred and, where applicable, of his family members (surname, surname and, where applicable, former name, alias or pseudonym, date and place of birth, sex, present and former nationality);
(b) a personal card or passport (number, duration, date of issue, issuing office, place of issue, etc.);
(c) other data needed to identify the transferred persons;
(d) the place of stay and the route to be used;
(e) residence permits or visas granted by one of the Contracting Parties;
(f) where appropriate, the places where the application for asylum is lodged;
(g) where appropriate, the dates of the submission of the previous application for asylum, the dates of the submission of the current application for asylum, the state of the procedure and the likely outcome of the procedure.
COSTS
(1) The costs of transporting persons taken over in accordance with Articles 1 to 3 shall be borne by the requesting Contracting Party until the border crossing at the common national borders.
(2) The transit costs to the national border of the destination State referred to in Article 5 and, where appropriate, the costs associated with the re-shipment shall be borne by the requesting Contracting Party.
IMPLEMENTING PROVISIONS
Arrangements necessary for the implementation of this Agreement, in particular provisions on:
(a) means of mutual communication;
(b) the particulars, supporting documents and evidence necessary for taking over;
(c) the authorities responsible for implementing this Agreement,
(d) border crossing points intended for readmission;
(e) reimbursement of the costs referred to in Article 7;
(f) conditions governing the transit of third-State citizens by police
The Ministry of Interior of the Czech Republic and the Federal Ministry of Interior of the Federal Republic of Germany shall negotiate an implementing arrangement for this Agreement.
THE EXPERTS COMMITTEE
(1) The Contracting Parties shall support each other in the implementation and interpretation of this Agreement. To this end, it shall set up a committee of experts, which shall:
(a) monitor the implementation of this Agreement;
(b) make proposals to address issues related to the implementation of this Agreement;
(c) to process proposals for amendments and additions to this Agreement;
(d) prepare and recommend appropriate measures to combat illegal immigration of foreigners.
(2) The consent of the competent authorities of the Contracting Parties to these proposals and measures is reserved.
(3) The Committee is always composed of three representatives of the Czech and German parties. The competent authorities of the Contracting Parties shall designate a chairperson and a representative thereof; the persons representing them will also be designated. Other experts may be invited to the consultations.
(4) The Committee shall meet on a proposal from one of the Presidents, at least once a year.
FINAL PROVISIONS
(1) The implementation of the Convention on the Status of Refugees of 28 July 1951, as amended by the Protocol on the Status of Refugees of 31 January 1967, is without prejudice.
(2) The obligations of the Contracting Parties under the Interstate Treaties are without prejudice.
This Agreement shall enter into force on the first day of the second month following its signature.
(1) This Agreement shall be concluded for an indefinite period.
(2) Each Contracting Party may, after informing the other Contracting Party, notify the suspension of the application of this Agreement, with the exception of Article 1, where serious reasons so require, in particular the protection of the security of the State, public policy or the health of citizens. The Contracting Parties shall immediately inform each other of the withdrawal of such measure by diplomatic means.
(3) Each Contracting Party may, after informing the other Contracting Party, terminate this Agreement by means of a diplomatic note for serious reasons, in particular those referred to in paragraph 2.
(4) The suspension or termination of this Agreement shall take effect on the first day of the month following that in which the notice was received to the other Contracting Party.
Done at Bonn on 3 November 1994 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government
Czech Republic:
Jan Ruml v. r.
Minister of Interior
For the Government
Federal Republic of Germany:
Dieter Kastrup v. r.
State Secretary
Federal Ministry of Foreign Affairs
Manfred Kanther v. r.
Federal Minister for Interior
Manfred KANTHER
Federal Minister for Interior
Federal Republic of Germany
Bonn, November 3, 1994
Dear colleague,
in the context of today's signing of the Agreement between the Government of the Federal Republic of Germany and the Government of the Czech Republic on readmission at the Common State Borders (Readmission Agreement) and the Agreement between the Government of the Federal Republic of Germany and the Government of the Czech Republic on cooperation in the field of consequences arising from migration movements (Cooperation Agreement), I have the honour to inform you that the following declarations have been made during the negotiations:
1.
Government of the Federal Republic Germany states that the readmission agreement does not apply to persons who have unlawfully arrived in the sovereign territory of the Federal Republic of Germany demonstrably before the entry into force of the Agreement.
2.
The Parties agree that the financial assistance provided in connection with the readmission agreement is to be used also for the purposes of the current end-of-period assistance programme for the provision of material equipment for the police services and the drug unit agreed between 1992 and 1994. In this context, the planned assistance will be included in the first two instalments of the financial assistance provided under the Cooperation Agreement.
3.
The Committee of Experts, which is set up under Article 9 of the Readmission Agreement, will also develop proposals to address those problems that the Czech Republic will create in general as a transit country, which is subject to illegal migration flows to Germany. This area includes in particular:
- adaptation of visa practices and visits to foreigners,
- preventing illegal entry through Prague Airport,
- penalties against airlines.
I would like to be given the consent of your government to the contents of this letter. Our exchange of letters will thus further complement the readmission agreement and the cooperation agreement.
Allow me, dear colleague, to assure you of my deep respect.
Manfred Kanther v. r.
The Minister for the Interior
Czech Republic
Mr Jan Rumlo
Prague
Minister for the Interior
Czech Republic
Jan RUML
Done at Bonn, 3 November 1994.
Dear Minister,
in the context of today's signing of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the readmission of persons at the common national borders (Readmission Agreement) and the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on cooperation in the field of the consequences of migration movements (Cooperation Agreement), I have the honour to inform you that the following declarations have been made during the negotiations:
1.
Government of the Federal Republic Germany states that the readmission agreement does not apply to persons who have unlawfully arrived in the sovereign territory of the Federal Republic of Germany demonstrably before the entry into force of the Agreement.
2.
The Parties agree that the financial assistance provided in connection with the readmission agreement is to be used also for the purposes of the current end-of-period assistance programme for the provision of material equipment for the police services and the drug unit agreed between 1992 and 1994. In this context, the planned assistance will be included in the first two instalments of the financial assistance provided under the Cooperation Agreement.
3.
The Committee of Experts, which is set up under Article 9 of the Readmission Agreement, will also develop proposals to address those problems that the Czech Republic will create in general as a transit country, which is subject to illegal migration flows to Germany. This area includes in particular:
- adaptation of visa practices and visits to foreigners,
- preventing illegal entry through Prague Airport,
- penalties against airlines.
I would like to be given the consent of your government to the contents of this letter. Our exchange of letters will thus further complement the readmission agreement and the cooperation agreement.
Allow me, Minister, to assure you of my deep respect.
Jan Ruml v. r.
Mr
Manfred Kanther
Federal Minister for Interior
Federal Republic of Germany
Bonn
Manfred KANTHER
Federal Minister for Interior
Federal Republic of Germany
Bonn, November 3, 1994
Dear colleague,
I have the honour to confirm You received your letter marked today, which you handed me as an addition to the agreements (readmission agreement and cooperation agreement) concluded today between the Government of the Federal Republic of Germany and the Government of the Czech Republic.
At the same time, I would like to convey On behalf of the Government of the Federal Republic of Germany, I agree with the content of your letter.
Allow me, dear colleague, to assure you of my deep respect.
Manfred Kanther v. r.
The Minister for the Interior
Czech Republic
Mr Jan Rumlo
Prague
Minister for the Interior
Czech Republic
Jan RUML
Done at Bonn, 3 November 1994.
Dear Minister,
I have the honour to confirm You received your letter marked today, which you handed me as an addition to the agreements (readmission agreement and cooperation agreement) concluded today between the Government of the Czech Republic and the Government of the Federal Republic of Germany.
At the same time, I would like to convey On behalf of the Government of the Czech Republic, I agree with the content of your letter.
Allow me, Minister, to assure you of my deep respect.
Jan Ruml v. r.
Mr
Manfred Kanther
Federal Minister for Interior
Federal Republic of Germany
Bonn
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 5 / 1995 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on the readmission of persons at the common national borders and the Arrangement on the implementation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on readmission of persons at the common state borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.01.1995 |
|---|---|
| Effective from | 01.01.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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