Decree of the Minister for Foreign Affairs No. 50 / 1972 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on cooperation in the exercise of control of persons, goods and means of transport crossing the Czechoslovak-Polish state borders in railway, road and the Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation in the exercise of control in railway and road traffic across state borders
Valid
Effective from 03.06.1972
50
DECLARATION
Minister for Foreign Affairs
of 2 June 1972
on the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on cooperation in the exercise of control over persons, goods and means of transport crossing the Czechoslovak-Polish state border in railway, road and the Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation in the exercise of control over state borders in railway and road traffic
On 23 September 1966, the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on cooperation in the control of persons, goods and means of transport crossing the Czechoslovak-Polish state border in railway and road traffic was signed in Warsaw.
The Treaty was approved by the Federal Assembly and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 4 May 1972. Pursuant to Article 17 of the Treaty, the Treaty entered into force on 3 June 1972.
On 8 July 1971 it was signed in Prague Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the exercise of control in railway and road traffic across national borders.
In accordance with Article 15 thereof, The Arrangement shall enter into force at the same time as the abovementioned Treaty on 3 June 1972.
The Czech texts of the contract documents are published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Polish People's Republic on cooperation in the exercise of control of persons, goods and means of transport crossing the Czechoslovak-Polish state border in rail and road traffic
The President of the Czechoslovak Socialist Republic and the State Council of the People's Republic of Poland, led by an attempt to further expand and deepen the friendly cooperation between the two states to facilitate and accelerate the movement of persons, goods and means of transport across the Czechoslovak-Polish state borders, have decided to conclude this Treaty and have appointed their agents to this end:
President of the Czechoslovak Socialist Republic
Dr. Antonín Gregor, First Deputy Minister of Foreign Affairs,
State Council of the People's Republic of Poland
Mariana Naszkowskiego, First Deputy Minister of Foreign Affairs,
who have agreed on the following provisions following the exchange of full powers which have been found to be in good and appropriate form:
1. This Treaty governs the principles of the exercise of passport, customs, veterinary and phytoquarantine control on persons, goods and means of transport crossing the Czechoslovak-Polish state border in rail and road traffic.
(2) The control referred to in paragraph 1, hereinafter referred to as "control," shall be carried out jointly by the competent authorities of the Contracting Parties, unless otherwise provided for in this Treaty.
1. The check in railway traffic shall be carried out at designated stations in the territory of one of the Contracting Parties or during the journey of the train in the designated sections of the railway lines in the territory of both Contracting Parties.
2. Road traffic checks shall be carried out at places designated in the territory of one or both Contracting Parties.
The authorities of one Contracting Party which carry out checks on the territory of the other Contracting Party shall carry out their professional activities in accordance with the laws of their State and with the same legal consequences as if they had carried out them on the territory of their State.
1. The first check shall be carried out by the authorities of the Contracting Party from whose territory the persons, goods and means of transport are removed; the laws of that Contracting Party relating to the exercise of control shall cease to apply when its authorities declare the check to be terminated unless there are exceptional cases where the check needs to be re-carried out.
2. Veterinary and Phytoquarantine checks shall normally be carried out at the same time by the authorities of both Contracting Parties.
3. Where the competent authorities of one Contracting Party find goods brought into the territory of that Party in breach of the legislation of the other Contracting Party, they shall inform its competent authorities thereof and allow them to apply their laws, unless such goods are subject to detention under the law of the Contracting Party whose authorities have detected them.
1. The authorities of one Contracting Party exercising control in the territory of the other Contracting Party may, in accordance with the laws of their State, interrupt the journey of the person crossing the national border and return or accompany him to the territory of the State from which he is leaving.
2. Where the journey, return or escort needs to be interrupted in accordance with paragraph 1, the local authorities shall, at the request of the authorities carrying out checks, provide the necessary assistance.
Goods debited, detained or confiscated by the authorities of one Contracting Party in the territory of the other Contracting Party, as well as customs duties and other charges collected therein, may be exported from that territory without authorisation and restrictions, duty-free and customs clearance.
The authorities of one Contracting Party carrying out an activity under this Treaty in the territory of the other Contracting Party shall, when crossing national borders, prove the documents provided for by the competent central authorities of the Contracting Parties by mutual agreement.
1. The authorities of one Contracting Party engaged in a professional activity in the territory of the other Contracting Party shall be assured of the uninterrupted pursuit of that activity and of the legal protection enjoyed by their own authorities.
2. Unless otherwise provided for in this Treaty, the authorities of one Contracting Party which, for the purpose of carrying out their business, reside in the territory of the other Contracting Party shall be required to maintain the legislation of the other Contracting Party.
The authorities of one Contracting Party engaged in a service activity in the territory of the other Contracting Party may wear a uniform of service or other service title. Those authorities shall also be entitled to carry a service weapon; use of service weapons is permitted only if necessary defence.
1. The authorities of one Contracting Party which transfer national borders in connection with the exercise of their duties shall be exempt from customs duties and other charges in respect of means of transport and items intended for the pursuit of their activities and of reasonable personal use. Their service documents are untouchable.
2. The authorities referred to in paragraph 1 shall be exempt from taxes and other charges as well as from personal and in-kind transactions with the exception of those unrelated to their professional activities.
The authorities of one Contracting Party may indicate the service facilities and rooms which are provided to them in the territory of the other Contracting Party, the inscriptions in their languages and the national emblem and flag of their State.
1. The competent authorities of the Contracting Party in whose territory control is carried out shall establish and maintain a telephone, telex or other connecting line to the national borders for the purposes of the other Contracting Party. The construction and maintenance of the terminal coupling device shall be carried out by the Contracting Party using it.
2. The authorities of one Contracting Party engaged in a professional activity in the territory of the other Contracting Party may use radio coupling devices which are customary for the performance of that activity in the territory of their State.
Services provided by one Contracting Party in connection with the implementation of this Treaty to the other Contracting Party shall be provided free of charge. The scope and type of such services shall be determined by the competent authorities of the Contracting Parties in mutual agreements.
The competent central authorities of the Contracting Parties may specify in mutual agreements cases where only the authorities of one of the Contracting Parties will exercise control.
The competent central authorities of the Contracting Parties may conclude the agreements necessary for the implementation of this Treaty.
The competent authorities of the Contracting Parties may directly discuss matters arising from the implementation of this Treaty.
This Treaty is subject to ratification and will enter into force 30 days after the date of exchange of the instruments of ratification to be implemented in Prague.
This contract shall be concluded for a period of five years; its validity shall be extended for a further period of five years each time, until either Contracting Party has notified its notice of termination six months before the expiry of the current period of validity.
This Treaty was drawn up in Warsaw on 23 September 1966 in duplicate, each in the Czech and Polish languages, the two texts being equally authentic.
To prove it, the appointed agents signed this contract and sealed it.
From the power of attorney
President of the Czechoslovak Socialist Republic:
Dr A. Gregor v. r.
From the power of attorney
State Council of the Polish People's Republic:
M. Naszkowski v. r.
ARRANGEMENTS
between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation in the exercise of control in railway and road traffic across national borders
The Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland, following the desire for a detailed adaptation of the issues envisaged in the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland to cooperate in the exercise of control over persons, goods and means of transport crossing the Czechoslovak-Polish state border in railway and road traffic, signed in Warsaw on 23 September 1966, decided to conclude this arrangement and appointed their agents to this end.
Government of the Czechoslovak Socialist Republic
Col Ing. Ján HANULIAKA
Deputy Minister of Interior
the Czechoslovak Socialist Republic,
Government of the People's Republic of Poland
Brigadier General Henryk SLABCZYK
Deputy Minister of Interior
the People's Republic of Poland,
who, following the exchange of full powers recognised as good and drawn up in the appropriate form, have agreed on the following provisions:
1. This arrangement provides for detailed principles of cooperation in the exercise of the control of passport, customs, veterinary and phytoquarantine, hereinafter referred to as "control ', at railway and road border crossing points.
2. The checks referred to in paragraph 1 shall be carried out by the authorities of the passport, customs, veterinary and phytosanitary checks, hereinafter referred to as the "authorities."
3. The term "passport control authority 'also refers to the customs authorities where they are entrusted with carrying out passport control.
4. Where the term "goods' is used in this arrangement, each movable item, including foreign exchange values, and" customs control 'shall also mean foreign exchange control.
Within the meaning of Article 5 (1) of the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on cooperation in the exercise of control over persons, goods and means of transport, crossing the Czechoslovak-Polish state borders in rail and road traffic, the journey, return or escort of a person may be interrupted in the territory of the State from which he leaves, in cases where a person is not entitled to cross the national borders, or where there are other legal reasons.
An overview of open border crossing points and types of border crossing points at these crossing points, railway stations and sections, as well as other places where the authorities of the two Contracting Parties carry out joint checks - Annex 1 to this Arrangement contains.
1. The passport control shall be initiated by the authorities of the Party whose territory the persons leave. The passport authorities shall accept the relevant documents from persons crossing national borders and, after checking them, transmit them without delay to the passport control authorities of the other Party which, after carrying out the check, return them to the holders.
2. The customs inspection shall be carried out in the same manner immediately after the passport inspection.
(3) Veterinary and Phytoquarantine checks shall be initiated by the authorities of the Contracting Party from whose territory the goods are exported.
4. In exceptional cases, the authorities of each Contracting Party, after having declared that the check has been completed, may carry out the individual work again.
1. The authorities of both Contracting Parties shall, as a general rule, initiate checks on rail passenger services at the beginning of a defined section of the railway line. If the conditions allow, the check must be completed at the specified time of the train's stay at the designated station.
2. The check on rail freight shall be carried out jointly at designated stations within the territory of one of the Contracting Parties.
1. Railway vehicles shall be checked by the authorities of the Contracting Party in whose territory a joint inspection station is situated.
2. The authorities of the other Contracting Party may participate in or carry out an inspection referred to in paragraph 1 separately.
3. The authorities of the Contracting Party in whose territory a designated station or place of joint control is situated shall ensure the protection of national borders at border crossing points.
4. The safety of the train during the checks carried out at the stations and sections of the railway lines at the time of travel shall be ensured by the authorities of the Contracting Party in whose territory the checked train is located.
1. The relevant provisions of Article 5 (2) and Article 6 shall apply when carrying out checks at road border crossing points.
2. Where joint control at a road border crossing is carried out in the territory of both Contracting Parties, the national border control at that border crossing shall be ensured by the authorities of one of the Contracting Parties.
The departure of railway vehicles from the control station and the departure of road vehicles from the control point may take place only with the agreement of the authorities of the two Contracting Parties.
1. The authorities carrying out official tasks in the territory of the other Contracting Party shall transfer national borders and stay at the place of service on the basis of documents drawn up in accordance with the internal rules of each Contracting Party. The models of these documents are set out in Annexes 2 and 3.
2. The authorities referred to in paragraph 1 may transfer national borders at border crossing points where they carry out checks with the corresponding means of transport.
3. In justified cases, other appropriate border crossing points may be indicated for this purpose.
4. Road vehicles used by the authorities of one of the Contracting Parties in the territory of the other Contracting Party shall be accompanied by appropriate documents.
In the event of a sudden illness or accident on the part of an authority of one of the Contracting Parties carrying out official duties in the territory of the other Contracting Party, first medical assistance shall be provided free of charge to that party's health service.
1. The authorities of one of the Contracting Parties carrying out checks on the territory of the other Contracting Party shall use the necessary service spaces free of charge, together with lighting, heating and sanitary facilities; do not bear the cost of using these facilities and cleaning the premises.
2. It shall also not cover the costs of general, occasional and routine repairs of premises, water resources and installations referred to in paragraph 1, both directly and indirectly.
The Heads of Passport Control Division and Customs Directors, as well as the heads of the veterinary and phytoquarantine posts of the two Contracting Parties, shall lay down the means of joint work at border crossing points, exchange the information necessary for the performance of the duties and, where necessary, agree on the principles of common procedure for the control of persons, goods and means of transport crossing national borders.
1. The terminal coupling device for the use of the authorities of one Contracting Party in the territory of the other Contracting Party shall be established in accordance with technical standards binding on that territory.
2. The establishments referred to in paragraph 1 may be set up by mutual agreement by the undertakings of the State in whose territory the control is carried out.
3. In order to ensure synergies at the stations and at the places of joint control, telephone links between the competent authorities of the two Contracting Parties shall be installed; a direct telephone connection shall be established between the passport control departments of the two Contracting Parties, enabling contact between the management authorities.
4. Permanent radio link facilities in the territory of the other Contracting Party may be established at their own expense; the competent authorities of the other State allow the construction and establishment of such facilities, provided that the essential interests of that State are not thereby undermined.
5. At railway border crossing points where checks are carried out during train travel, telephone connections to the stations where checks are initiated shall also be installed.
1. In order to ensure the operational handling of matters relating to the implementation of the Treaty of 23 September 1966 as well as to this arrangement, a Czechoslovak-Polish Joint Commission is hereby established.
2. The Joint Committee shall be composed of delegations from both Parties in their composition: the President, Vice-President and Members. The chairmen shall be appointed by the Home Ministers and the Vice-Chairpersons of each Contracting Party; the members of the delegation shall be appointed by the Heads of Delegation.
3. The Joint Commission shall, where necessary, discuss issues arising from Article 7 (2), Article 9 (3) and Article 13 (2) and (5) and propose other necessary measures to improve the control, synergy of the authorities of the two Contracting Parties and functional activities at border crossing points.
This Arrangement shall be subject to approval under the legislation of each Contracting Party, which shall be informed by exchange of notes. It shall enter into force at the same time as the Treaty of 23 September 1966.
This Arrangement shall remain in force for as long as the Agreement of 23 September 1966 is binding and is not terminated by one of the Contracting Parties; in that case, it shall cease to be in force six months after the date of termination.
This arrangement was drawn up in Prague, on 8 July 1971 in two copies, each in the Czech and Polish languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Col Ing. Ján Hanuliak v. r.
For the Government
The Republic of Poland:
Lt-Gen Henryk Slabczyk v. r.
Příloha č. 1
Annex No 1
| Poř. čís. | Druh a název hraničního přechodu | Druh pohraničního styku | Místo (úsek) společné kontroly | Poznámka |
|---|---|---|---|---|
| 1. | Silniční Vyšný Komárník-Barwinek | Pasový,*) pohraniční turistický styk, malý pohraniční styk | Barwinek | |
| 2. | Železniční Plaveč Muszyna | Pasový,*) nákladní, malý pohraniční styk | Plaveč | Pouze v cest. styku |
| 3. | Silniční Mníšek n. Popr.-Piwniczna | Pasový, malý pohraniční styk | Mníšek n. Popradem | |
| 4. | Silniční Lysá n. Dunajcem-Niedzica | Pohraniční turistický styk, malý pohraniční styk | Lysá n. Dunajcem | |
| 5. | Silniční Podspády-Jurgów | Malý pohraniční styk | Jurgów | |
| 6. | Silniční Javorlna-Lysa Polana | Pasový, pohraniční turistický styk, malý pohraniční styk, nákladní | Lysa Polana | |
| 7. | Silniční Suchá Hora-Chocholow | Pasový,*) pohraniční turistický styk, malý pohraniční styk | Suchá Hora | |
| 8. | Silniční Trstená-Chyžne | Pasový, pohraniční turistický styk, malý pohraniční styk, nákladní | Chyžne | |
| 9. | Silniční Český Téšín (most Družby)-Cieszyn | Pasový, nákladní | Český Těšín Cieszyn | |
| 10. | Silniční Český Těšín (most svobody) - Cieszyn | Malý pohraniční styk | Cieszyn | |
| 11. | Železniční Český Těšín-Cieszyn | Nákladní | Český Těšín | Pouze pasová kontrola |
| 12. | Silniční Horní Lištná-Leszna Góřna | Malý pohraniční styk | Leszna Górna | |
| 13. | Silniční Dolní Marklowice- Marklowice | Malý pohraniční styk | Dolní Marklowice | |
| 14. | Silniční Karviná-Ráj I-Kaczyce Górne | Malý pohraniční styk | Karviná Ráj I | Pouze celní kontrola |
| 15. | Silniční Karviná-Ráj II-Kaczyce Dolně | Malý pohraniční styk | Karviná Ráj II | Pouze celní kontrola |
| 16. | Silniční Závada-Golkowice | Malý pohraniční styk | Golkowice | |
| 17. | Železniční Petrovice u Karviné-Zebrzydowice | Pasový, malý pohraniční styk, nákladní | Petrovice u Karviné, osobní na úseku Katowice- Ostrava a Katowice-Český Těšín | Kontrola veterinární v Zebrzydowice, fytosanitární v Zebrzydowice a v Zabrzegu - Czarnolesie |
| 18. | Železniční Nový Bohumín-Chalupki | Nákladní | Chalupki | |
| 19. | Silniční Starý Bohumín- Chalupki | Pasový, malý pohraniční styk, nákladní | Chalupki | |
| 20. | Silniční Mikulovce-Glucholazy | Pasový,*) pohraniční turistický styk, malý pohraniční styk | Mikulovce | |
| 21. | Silniční Šilhéřovice- Rudyszwald | Malý pohraniční styk | Šilhéřovice | |
| 22. | Silniční Otovice-Tlumaczów | Malý pohraniční styk | Otovice | |
| 23. | Silniční Náchod-Kudowa Slone | Pasový, pohraniční turistický styk, malý pohraniční styk, nákladní | Kudowa Slone | |
| 24. | Železniční Lichkov-Miedzylesie | Pasový, malý pohraniční styk a nákladní | Miedzylesie Osobni na úseku Kamieniec Zabkowicki-Hradec Králové | |
| 25. | Silniční Dolní Lipka-Boboszow | Pasový,*) malý pohraniční styk | Dolní Lipka | |
| 26. | Železniční Meziměstí-Mieroszow | Nákladní | Meziměstí | |
| 27. | Silniční Meziměstí-Golinsk | Malý pohraniční styk | Meziměstí | |
| 28. | Silniční Královec-Lubawka | Pasový,*) malý pohraniční styk | Královec | |
| 29. | Silniční Pomezní Boudy- Przelecz Okraj | Pasový,*) pohraniční turistický styk | Pomezní Boudy | |
| 30. | Silniční Harrachov-Jakuszyce | Pasový, pohraniční turistický styk. malý pohraniční styk, nákladní | Jakuszyce | |
| 31. | Železniční Frýdlant v Čechách- Zawidów | Nákladní | Zawidów | |
| 32. | Silniční Habartice-Zawidów | Pasový,*) malý pohraniční styk | Habartice |
Příloha č. 2
Annex No 2
Příloha č. 3
Annex No 3
*) Citizens of the Czechoslovak Socialist Republic only travel to or from the states listed in the note: - only citizens of the People's Republic of Poland, - only citizens of the People's Republic of Bulgaria, - only citizens of the People's Republic of Hungary, - only citizens of the German Democratic Republic, - only citizens of the Socialist Republic of Romania, - only citizens of the Union of Soviet Socialist Republics.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 50 / 1972 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on cooperation in the exercise of control of persons, goods and means of transport crossing the Czechoslovak-Polish state borders in railway, road and Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation in the exercise of control in railway and road traffic across state borders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.07.1972 |
|---|---|
| Effective from | 03.06.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0