Communication from the Ministry of Foreign Affairs No. 6 / 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 cooperation in relation to the consequences of migration movements and the Arrangement to the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on cooperation in relation to the consequences of migration movements
Valid
Effective from 01.01.1995
6
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 cooperation in the field of consequences arising from migration movements
and
Arrangement to the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on cooperation in the field of consequences arising from migration movements of 3 November 1994.
The Agreement entered into force on 1 January 1995 pursuant to Article 5 thereof. The Arrangement, in accordance with the text of its Article 7, 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 cooperation in the area of consequences
from migration movements
Government of the Czech Republic and Government of the Federal Republic of Germany ("the Contracting Parties')
- seeking constructive cooperation in the spirit of the Treaty between the Czech and Slovak Federal Republic and the Federal Republic of Germany on good neighbourhood and friendly cooperation of 27 February 1992,
- in the belief that the integration of the Czech Republic into the European Union, including its participation in Member States' cooperation on asylum law, is in the interests of both States and European cooperation,
- having regard to its obligations under 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 and the Convention on the Protection of Human Rights and Fundamental Freedoms of 4 November 1950,
- seeking to establish a regional and in the future a pan-European system of readmission agreements,
- having regard to the consequences of the measures taken by the Member States of the European Union and the amendment of the asylum law in the Federal Republic of Germany, and to the fact that 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 will result in an increase in the number of returnees from the Federal Republic of Germany to the Czech Republic,
agree as follows:
In this Agreement, the Contracting Parties are based on their mutual obligations under 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 (hereinafter referred to as the Readmission Agreement).
(1) The Government of the Federal Republic of Germany will, in cooperation, participate in the costs incurred by the Czech Republic in:
- the extension of the technical system for securing the national borders of the Czech Republic,
- the increased financial burden on the Government of the Czech Republic associated with the dispatch of foreigners taken from the Federal Republic of Germany,
- the dissemination of asylum infrastructure, including the area of refugees and other aliens seeking protection,
- the creation and modernisation of a central system for the recording of data on foreigners,
- training of foreign and border police officers,
- the acquisition and exchange of information on the countries of origin of asylum seekers, refugees and other aliens seeking protection.
(2) The type and scope of the assistance referred to in paragraph 1, as well as other details of the programme and its implementation, shall be determined for the three-year period of the Ministry of Interior of the Contracting Parties in a separate arrangement.
(1) The competent authorities of the Contracting Parties shall inform each other of trends and events that may lead to mass immigration movements in their respective territories.
(2) If exceptional events lead to a mass influx of refugees or illegal immigrants in the sovereign territory of the Czech Republic, which will no longer be able to be stopped by normal means of border police, the Government of the Federal Republic of Germany will allow a certain number of such persons to enter the sovereign territory of its state.
(3) The Contracting Parties shall, by mutual agreement, provide that the conditions set out in paragraph 2 are met and shall adjust the number and procedure for the admission of such persons.
(4) In the cases referred to in paragraph 2, the Contracting Parties may agree other forms of assistance.
The Committee of Experts established under Article 9 of the Readmission Agreement will also:
(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) examine reports on the use of funds provided under this Agreement.
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, with the exception of Article 2. Article 2 shall cease to apply by fulfilling the obligations set out therein.
(2) Each Contracting Party may, upon notification of the other Contracting Party, notify the suspension of the application of this Agreement if serious reasons so require, in particular the protection of state security, 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 of the Federal Ministry
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. 6 / 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 cooperation in the aftermath of migration movements and the Arrangement to the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on cooperation in the aftermath of migration movements |
|---|---|
| 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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