Decree No. 56 / 1958 Coll.
Decree on the Agreement between the Czechoslovak Republic and the People's Republic of Poland on mutual rail transport
Valid
Effective from 31.05.1958
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56
Decree of the Minister for Foreign Affairs
of 28 August 1958
concerning the Agreement between the Czechoslovak Republic and the People's Republic of Poland on reciprocal rail transport
The Agreement between the Czechoslovak Republic and the People's Republic of Poland on mutual rail transport was negotiated in Prague on 31 January 1958.
The President of the Republic ratified the Agreement on 28 May 1958. The instruments of ratification were exchanged in Warsaw on 31 May 1958.
Pursuant to Article 25 of the Agreement, the Agreement entered into force on 31 May 1958.
The Czech version of the Agreement is published in the Annex to the Collection of Laws. * *)
David v. r.
AGREEMENT
between the Czechoslovak Republic and the People's Republic of Poland on mutual rail transport
Having regard to the universal development of Czechoslovak-Polish cooperation in the field of rail transport, the President of the Czechoslovak Republic and the State Council of the Polish People's Republic, they decided to replace the Treaty between the Czechoslovak Republic and the Republic of Poland on the arrangements for mutual rail traffic, signed in Prague on 30 May 1927 by a new Agreement, corresponding to the current needs of both States, and to this end they appointed their agents:
President of the Czech Republic:
Dr. František Vlasák,
Minister for Transport,
State Council of the People's Republic of Poland
Mr Ryszard Strzelecký,
Minister for Transport,
who have exchanged powers of attorney found in good and proper form have agreed on the following provisions:
General provisions
1. Rail transport between the Czechoslovak Republic and the People's Republic of Poland shall take place at railway crossing points open for such transport.
2. At each railway crossing point, one of the border stations serves as an exchange station in which railway workers of the Contracting Parties perform joint surrender operations.
3. The Railway Administration of the Contracting Parties shall, in agreement with the competent authorities, provide for a specific agreement:
(a) railway crossings and the mode of transport at such crossings;
(b) exchange stations.
When determining exchange stations, account should be taken of the fact that, as far as possible, mutual actions are the same for each Contracting Party.
4. In addition to the railway surrender operations, the Contracting Parties may jointly carry out acts related to passport, customs, veterinary and phytopathological checks in exchange stations as well as other acts as appropriate.
5. The competent authorities of the Contracting Parties shall establish specific agreements in which exchange stations and the extent to which joint operations related to passport, customs, veterinary and phytopathological checks shall be carried out, as well as other operations.
Operation on the railway line section between the exchange station and the national borders (border section) shall be carried out by the Railway Administration of the Contracting Party in whose territory the section is located. However, the service of trains by locomotives and train crews shall be performed on this section by the Railway Administration of the other Contracting Party for the reimbursement of its own expenses. The method of deduction shall be determined by the Railway Administration of the Contracting Parties.
1. Participating administrations of the Contracting Parties and their staff shall use their official language in writing and oral contact. Implementation agreements may provide for exceptions to this principle.
2. The Contracting Parties shall ensure that their staff serving in exchange stations and border sections within the territory of the other Contracting Party control the official language of the State in whose territory the exchange station is situated, at least to the extent that they can reach agreement with that State's staff in its official language.
1. The Contracting Parties shall be entitled to indicate their service rooms in exchange stations in the territory of the other Contracting Party with the inscriptions in their official language as well as their national characters and colours. The entries in these service rooms should be arranged in such a way that the text in the official language of the State of which the staff members use them is placed before the official language of the other State.
2. The Contracting Parties shall be entitled to post their national flags in service rooms used in the territory of the other Contracting Party and to decorate them.
1. Citizenship and employment of staff shall not be altered by their official secondment to the territory of the other Contracting Party.
2. The staff of the Contracting Parties shall be responsible for the misdemeanour committed in the territory of the other Contracting Party, prosecuted by administrative or disciplinary action, exclusively to their offices.
3. Staff of the Contracting Parties engaged in official activities in the territory of the other Contracting Party shall perform their duties under the laws and regulations of their State. Their activities will have the same legal consequences as if they were carried out in their own country.
4. However, railway staff of the Contracting Parties shall be required to comply with the provisions of international railway conventions on which both Contracting Parties are involved.
5. Unless otherwise provided for in this Agreement, employees of one Contracting Party working in the territory of the other Contracting Party shall be required to maintain the laws and regulations in force there and the regulations of the local authorities.
6. Staff of the Contracting Parties engaged in official activities in the territory of the other Contracting Party shall be exempt from all persons in that territory directly charged benefits, taxes and charges, as well as from all public transactions, other than those which are not in connection with the performance of their service in the territory of the other Contracting Party.
1. The Contracting Parties undertake to ensure that the staff of the other Contracting Party, in the exchange stations or at border sections, has the uninterrupted performance of their service. In actions against these employees, local authorities are obliged to provide them with the necessary assistance upon request.
2. Staff working in the territory of the other Contracting Party shall be granted the same legal protection as their own staff.
1. The staff of the Contracting Parties serving in an exchange station or at the border section shall act in a spirit of friendly relations between the two Socialist States and act both in and out of the service in a manner appropriate to this.
2. Each Contracting Party shall immediately withdraw its staff member working in the territory of the other Contracting Party if requested by the competent authorities of that Contracting Party. The request for appeal does not need to be justified.
3. If a member of the staff working in the territory of the other Contracting Party is subject to a provisional link, the official office of that member of staff shall be informed immediately. A Contracting Party whose authorities have established a provisional link shall, in such a case, take the steps necessary to protect the interests of the other Contracting Party and in particular ensure the uninterrupted performance of the service.
1. Staff of one Contracting Party serving in the territory of the other Contracting Party shall be subject to social insurance under the law of their State. For this social insurance, the social insurance holders, the courts and administrative offices of that State are responsible.
2. In the event of a sudden illness or accident of a staff member operating in the territory of the other Contracting Party, first medical assistance shall be provided free of charge to that staff member of the Party in whose territory such a case has occurred.
Staff working in the second territory The Contracting Parties shall be entitled to wear their uniform or a service badge in and out of service on their territory. They are also entitled, if their service regulations so provide, to carry their service weapon.
The Contracting Parties shall use in the territory of the other Contracting Party their staff in the number of employees strictly necessary for the performance of the service.
1. The Contracting Parties shall ensure that cross-border rail transport, both neighbourhood and transit, is carried out as best as possible without obstacles and delays.
2. Railway administrations of the Contracting Parties are required to draw up timetable for border transport so that passengers and consignments are not detained at the border stations beyond the time necessary for the service of rail, border and customs.
3. Railway administrations of the Contracting Parties shall notify each other of any obstacles which may adversely affect the rail transport of the other Contracting Party.
4. The removal of transport barriers in the exchange stations or at border sections shall belong to the railway administration in whose territory these barriers have been created. Railway administrations of the Contracting Parties shall, upon request, provide each other, as far as possible, with assistance from their personnel, equipment, vehicles and material to compensate for their own costs.
Special implementing agreements shall be negotiated by the competent authorities of the Contracting Parties to implement the various provisions of this Agreement.
At the appropriate moment, the Contracting Parties shall take account of the new arrangements for mutual rail transport on the principles of common border stations.
1. In cases justified by the specific circumstances of their railway network, the Contracting Parties shall grant each other free transit for passengers, baggage, express services, goods, mail and railway vehicles across the border rail lines of the other Contracting Party in accordance with the principles of privileged transit.
2. On a case-by-case basis, the Contracting Parties shall agree on a privileged transit.
Railways and mail
1. The construction and installation of exchange stations, including the rooms and premises required for the Contracting Parties' border inspection services, shall be carried out by the Railway Administration of the Contracting Party in whose territory there is an exchange station. This Railway Administration will take into account the justified requirements of the other Contracting Party and the needs of rail contact when building and interchange stations.
2. The Railway Administration of the Contracting Parties shall, in a special agreement, determine for which acts in exchange stations compensation shall be paid, as well as the method of deduction and payment.
3. The Railway Administration of the Contracting Party in whose territory there is an exchange station shall provide the railway staff of the other Contracting Party with an appropriate rest and overnight location.
1. The supervision of the border section and the exchange station, as well as the maintenance and renewal of railway equipment, shall be the responsibility of the Railway Administration of the Contracting Party in whose territory there is an exchange station.
2. Railway administrations of the Contracting Parties shall negotiate specific agreements on the supervision, maintenance and renewal of railway structures and facilities intersected by national borders.
1. Railway administrations of the Contracting Parties shall establish their tariffs from or to national borders.
2. The tariff revenue from the transport on the border section belongs to the Railway Administration of the Contracting Party in whose territory there is a border section.
3. Service consignments of offices of a neighbouring State active in an exchange station shall be carried free of charge at the border section.
1. Railway administrations of the Contracting Parties are obliged to build and maintain the communication and signalling lines of the transport of trains necessary for the implementation of rail transport between border stations in their territory.
2. Telegraph and telephone lines connecting Contracting Parties border stations must be completed in these stations and must not be connected to the inland network.
3. Railway administrations of the Contracting Parties may, if necessary, establish a telecommunications link between the other Railway Authorities of the two Contracting Parties.
4. Staff of Contracting Parties serving in exchange stations or at border sections shall be entitled to use for service purposes free of charge railway telecommunications equipment of the other Contracting Party.
1. The surrender of postal consignments in rail transport shall be governed by the provisions of the World Postal Union, as well as by the provisions of the arrangements negotiated between the Contracting Parties' postal administrations.
2. The Postal Administration of the Contracting Parties shall, in agreement with the Railway Administrations, provide for a station for the submission of mail to each other. The points for the submission of mail to each other should normally be the same as the exchange stations.
1. The railway order service shall be provided by the competent authorities of the Contracting Party within the territory of which the stations and sections are located in the exchange stations and at border sections, in accordance with their respective rules.
2. Railway order services on trains on border sections shall be provided by teams of such trains, in accordance with the provisions of the Contracting Party in whose territory they are located. The competent local authorities will provide all support and protection to these train crews.
1. The Railway Administration of the Contracting Party in whose territory the damage or accident occurred shall be responsible for damage or accidents caused by rail transport in the exchange stations or border sections.
2. In relation to the Railway Administrations of the Contracting Parties, the liability and the right of penalty shall be governed by the arrangement of these Railway Administrations.
3. Special agreements shall apply to liability for damage resulting from the transport contract.
Border and customs provisions
1. Border and customs inspection of passengers, baggage, express and goods may be carried out at rail crossings day and night.
2. Railway administrations of the Contracting Parties are obliged to take account of delays in timetables in border stations which are necessary for the performance of border and customs procedures for trains crossing national borders. The timetable for scheduled trains shall be notified at least 15 days before their validity to the competent border and customs authorities. These authorities should also be notified immediately of changes in timetable, delays in trains, terminal trains and the introduction of emergency trains.
3. In the exercise of common control services (Article 1 (5)), the principle is that the authorities of the State from which the train leaves and the authorities of the State to which the train goes first carry out checks.
4. The control authorities of the Contracting Party which operate in exchange or border stations within the territory of the other Contracting Party shall be entitled to free transport by trains operating between such stations.
5. The Contracting Parties' inspection authorities shall be entitled to accompany trains on the line between the exchange and border stations of the other Contracting Party.
6. Railway administrations of the Contracting Parties shall provide the border and customs authorities of the other Contracting Party with appropriate rooms in exchange stations where control services are jointly carried out (Article 1 (5)) and, at their request, allow them to build their own telephone lines on their own territory on the premises of railway administrations.
1. Staff of the Contracting Parties, serving in exchange stations or at border sections within the territory of the other Contracting Party, may, in order to perform their duties, cross national borders on the basis of licences.
The model shall be annexed to this Agreement.
2. The authorities authorised to issue licences and the manner in which they are issued shall determine the internal rules of each Contracting Party.
3. In exceptional cases where the need to obtain a pass could jeopardise a continuous service, staff members may be seconded to an exchange station or border section without the licence referred to in paragraph 1. However, in such cases it is necessary to obtain the agreement of the local border authorities, which shall inform the border authorities of the other Contracting Party accordingly.
4. Staff of auxiliary trains and snowploughs crossing the territory of the other Contracting Party for the purpose of providing assistance may cross national borders on the basis of the registration in the register.
5. Staff employed in the exchange stations or border sections shall be obliged to report immediately to local border authorities upon arrival in the territory of the other Contracting Party.
6. The departure of trains on border sections is not permitted, except for the necessary departure from the train for operational reasons. This provision shall not apply to border and customs authorities.
7. The provisions of the Contracting Parties concerning the residence of foreigners in their territory shall not apply to staff serving in exchange stations or border sections.
8. Staff serving outside the exchange stations or border sections within the territory of the other Contracting Party shall cross national borders on the basis of valid passports.
1. Staff of Contracting Parties serving in exchange stations or at border sections within the territory of the other Contracting Party shall be subject to customs and foreign exchange control at any time when crossing national borders. Similarly, all items imported into or exported from exchange stations shall be subject to customs control, subject to paragraph 4.
2. Staff of Contracting Parties serving in exchange stations or at border sections within the territory of the other Contracting Party may import and export personal goods, food, beverages and other consumables without authorisation, customs duties and other benefits in a quantity of their service in the territory of the other Contracting Party. The provisions of each Contracting Party shall apply to the import and export of foreign exchange values.
3. The facilities of the service rooms, the items needed for the performance of the service, the tools and the material needed to repair and maintain the equipment in the exchange stations in the territory of the other Contracting Party may be imported and exported without special authorisation, customs duties and levies.
4. Official files, as well as items, means of payment and other values stored, detained or confiscated by the control authorities of one Contracting Party in exchange stations or at border sections in the territory of the other Contracting Party, as well as amounts collected on the pledges and levies shall be exported from the exchange centre or border sections and imported into exchange stations without authorisation and restrictions, duty and levies and without control.
Final provisions
This Agreement shall be subject to ratification and shall become effective on the date of exchange of instruments of ratification to be implemented in Warsaw.
This Agreement shall be negotiated for a period of five years from the date of entry into force. Its validity shall be extended in silence for a further five-year period, unless one of the Contracting Parties denies the Agreement at least one year before the end of the five-year period.
The date of entry into force of this Agreement shall cease to be the date of entry into force of the Treaty between the Czechoslovak Republic and the Republic of Poland on the arrangements for mutual rail traffic, signed in Prague on 30 May 1927, together with the Protocols signed by both Contracting Parties in Prague on 18 June 1930 and 17 February 1933 amending or supplementing this Treaty.
This Agreement was drawn up in Prague on 31 January 1958 in duplicate, each in Czech and Polish languages, in which both texts are equally authentic.
In evidence of the aforementioned agents signed this agreement and sealed it.
For the Czechoslovak Republic
Hair Inc.
For the Republic of Poland
Strzelecki v. r.
Příloha č. 1
Annex No 1
Model of licence
Page 1
CZECH REPUBLIC
ANNEX
_
for crossing state borders between the Czechoslovak Republic
and the Republic of Poland
_
uprawniajaca do przekroczenia granicy panstwowej miedzy Polska
Rzeczaspolita Ludow and the Republic of Czechoslowack
Identification number
Numer przepoduki
(Stamp of office issuing the licence)
(Pieczec urzedu, wystawiajacego przevulke)
Page 2
Surname
Nazwisko
Name
Imia
Date and place of birth
Data i miejsce urodzenia
Employment (function)
Zawód (funccija)
Permanent residence
Still miejska zamieszkania
Person description:
--------------------------------------------------
Rysopis:
Figure
--------------------------------------------------
Wzrost
Face
--------------------------------------------------
Twarz
Photo 4 x 4 cm
Photography 4 x 4 cm Hair
--------------------------------------------------
Wlossy
Eyes
--------------------------------------------------
Oczy
Specific signs
--------------------------------------------------
Znaki szczególne
Handwritten signature of the licence holder
Wlasnoreczny signature posiadacza przevukki
Page 3
The licence holder is entitled to cross national borders
Posiadacz przepoduki jest uprawniony do przekroczenia granicy
panstwowej
for the purpose of:
w cell
in place - section
w miejscu - on the odcinka
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Regulation Information
| Citation | Decree No. 56 / 1958 Coll., on the Agreement between the Czechoslovak Republic and the People's Republic of Poland on mutual rail transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.1958 |
|---|---|
| Effective from | 31.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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