Decree of the Minister for Foreign Affairs No. 69 / 1987 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 Hungary on rail transport
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Effective from 10.04.1987
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69
DECLARATION
Minister for Foreign Affairs
of 26 May 1987
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on rail transport
On 24 November 1986, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Hungarian People's Republic on rail transport was signed in Budapest. The Agreement entered into force on 10 April 1987 pursuant to Article 34 (1) thereof. This date expired the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on Mutual Rail Transport of 22 October 1963, established by No. 156 / 1964 Coll.
The Slovak 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 People's Republic of Hungary on rail transport
The Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary (hereinafter referred to as the "Contracting Parties'), taking into account the constant development of rail transport and the fact that its previous arrangements were no longer fully in line with the current requirements, decided to conclude a new rail transport agreement.
To this end, it appointed its agents:
for the Government of the Czechoslovak Socialist Republic
Vladimir Blazka, Minister of Transport
For the Government of the People's Republic of Hungary
Lajosa Urbana, Minister of Transport,
who, after the exchange of power, found them in good and proper form, agreed as follows:
GENERAL PROVISIONS
Preliminary provisions
1. Rail transport between the Czechoslovak Socialist Republic and the Hungarian People's Republic takes place at railway border crossing points open for such transport. The Contracting Parties shall ensure that rail transport between them is carried out smoothly, undisturbed and in view of the interests of both Parties.
2. The connection and transition service on railway lines connecting the territories of the Czechoslovak Socialist Republic and the Hungarian People's Republic shall take place in exchange stations. The exchange station is one of the border stations at each railway border crossing point. The competent authorities of the Contracting Parties may designate two exchange stations at each railway border crossing point.
3. The competent authorities of the Contracting Parties may agree on which exchange stations, on which sections of the railway lines and to what extent and how the transition and connection services will be jointly secured. The competent authorities of the Contracting Parties shall be equally responsible for the smooth provision of common services.
Explanation of terms
The terms used in the Agreement shall be as follows:
1. "Territorial State" means the State within the territory of which the connection and transition services are performed; "neighbouring State 'is the second State;
2. "Railways" are Czechoslovak State Railways (CSD) and Hungarian State Railways (MÁV);
3. "ownership railway" means the railway of the Contracting Party in whose national territory there is an exchange station; "neighbouring railway 'means the railway of the other Contracting Party;
4. 'connection and transition service' means a summary of railway activities to be carried out in accordance with international agreements binding both Parties in order to allow the crossing of passengers, baggage, express goods, goods, containers and means of transport from one Contracting Party to the other Contracting Party's rail;
5. "border services" shall mean the activities of the competent authorities of the Contracting Parties consisting of the conduct of passport, customs, foreign exchange, veterinary, phytokarantenic and epidemiological checks on persons, goods and means of transport;
6. "exchange station" is the railway station where the connection and the transition service are performed;
7. "border station" is generally the last railway station in the territory of the neighbouring State;
8. "data station" means a workstation equipped with a device which allows the remote processing of data to be carried out by means of a remote processing system, a copy, inspection, coding, operation and preparation, as well as a link with the railway computer;
9. "border line" is the railway line between the exchange and border station; at border crossing points with two exchange stations it is the line between them;
10. "border link" means a part of a border line between national borders and an exchange station;
11. "border line section" is part of the border line between the national borders and the border station;
12. "staff of the competent authorities" means those persons who ensure the performance of the tasks arising from this Agreement;
13. "privileged transit" means a means of rail transport between railway stations of one Contracting Party through the national territory of the other Contracting Party.
Railway border crossing points
1. The following border lines are open for railway border crossing:
Rusks - Rajka
Komarno - Komarom
Stórovo - Szob
Fižakova - Somosköujfalu
Lenartovce - Bánréve
Chanya - Hidasnémeti
Slovenské Nové Mesto - Sátoraljaughely.
2. On the border lines referred to in paragraph 1:
Tomato
Komarom
Rock
Somosköujfalu
Bánrév
Hidasnémeti
Slovenské Nové Mesto.
3. On the border lines referred to in paragraph 1, border stations shall:
Rusks
Comárno
Szob
_
Lentils
Kenya
Sátoraljaughely.
4. On the border line Štúrovo - Szob is the Kamenica nad Hronom.
5. The tariff point for all railway border crossing points is at national borders.
6. The competent authorities of the Contracting Parties shall agree on the type of transport to be carried out on each border line. They may agree to restrict the operation of the individual crossing points referred to in paragraph 1 as well as to re-designate the exchange and border stations referred to in paragraphs 2 and 3. When determining exchange stations, they shall ensure that they are distributed evenly within the territory of both Contracting Parties so that the performance and services are, as far as possible, the same for each Contracting Party.
Operation on the border link
1. The transport of interstate trains to an exchange station along the border line is ensured by the neighbouring railway with its train facilities. The competent authorities of the Contracting Parties may agree differently.
2. The transport of local trains on a border line which do not cross national borders is ensured by both railways on their territory.
Service language
1. The official language of the territorial State shall be used in exchange stations for oral and written contact between the staff of the competent authorities. All telegraphic and telephone messages concerning rail transport shall be made in contact with the railways of the Contracting Parties in the official language of the neighbouring State. This is without prejudice to the provisions of Article 15 (1) of this Agreement.
2. Workers of the competent authorities serving at railway stations and trains in the territory of the neighbouring State shall be required to control the official language of the State to the extent that they can reach agreement with the staff of the competent authorities of the other Contracting Party and with the passengers.
3. Staff regulations and forms to be exchanged between the Contracting Parties' railways need not be translated.
The entries drawn up and signed by the staff of the competent authorities shall be bilingual.
Ensuring mutual transport
1. The Contracting Parties' railways shall inform each other, in accordance with the provisions of the relevant international agreements, of any obstacle which could restrict, prosecute or prevent the flawless operation of rail transport between the two States or which could in any way adversely affect rail transport of the other State.
2. Obstacles arising in an exchange or border station or on a border line shall be required to remove the railways of the State in whose territory they were created. When removing obstacles to transport, the Contracting Parties' railways shall, upon request, assist each other as much as possible, in particular by providing the necessary equipment, vehicles and materials as well as the workforce. Assistance will be provided for payment.
Railway order service
1. The railway order service shall be provided by the competent authorities of the State in whose territory the station or, where applicable, the relevant section of the border line is situated, in the exchange and border stations and on the border lines, as their rules.
2. Railway traffic services on trains which are carried by one State's rail to the territory of another State shall be performed by the railway staff in accordance with the relevant provisions of the Contracting Party on whose national territory the train is located.
Service rooms in the exchange station
The necessary service rooms and, where appropriate, other premises suitable for the performance of the service shall be provided for the competent authorities of the neighbouring State at the exchange station. The rooms shall be marked with appropriate inscriptions drawn up in the official languages of the Contracting Parties, so that the wording of the inscription of the neighbouring State comes first. The competent authorities of the neighbouring State shall be entitled to designate these rooms by their own State emblem and pledge.
Posting of competent authorities' staff and establishing representation
1. The competent authorities of the Contracting Parties may, in order to carry out the tasks arising from this Agreement, transmit to the national territory of the other Contracting Party the necessary number of workers for an unavoidable period of time.
2. The neighbouring railway may establish representations on its cargo in exchange stations. The details will be governed by the Convention between the railways of the Contracting Parties.
Legal status of staff of competent authorities in the neighbouring State
1. Staff of the competent authorities shall carry out official tasks in the territory of the neighbouring State in accordance with the laws and regulations in force in their territory. However, in the context of these laws and regulations, the competent authorities of the other Contracting Party shall also follow the instructions. The professional activities of the staff of the competent authorities of one Contracting Party carried out in the territory of a neighbouring State shall have such legal consequences as if they had been carried out in the territory of their State.
2. The staff of the competent authorities shall be solely responsible for the offences committed in the territory of the neighbouring State to their superior authorities.
(3) Workers of the competent authorities who are on official duty in the territory of the neighbouring State shall be immediately dismissed if requested by the competent authorities of that other Contracting Party. There is no need to justify an appeal.
4. Where a worker of a competent authority of a Contracting Party is detained, arrested or his personal freedom is otherwise restricted in the territory of a neighbouring State, his post shall be notified immediately. At the same time, it is necessary to take the necessary measures to ensure the uninterrupted performance of the service and to protect the interests of the Contracting Parties.
5. Workers of the competent authorities of one Contracting Party who are seconded to the territory of a neighbouring State, as well as their spouses and minor children living with them in the common household, shall be exempt from direct taxes and charges in that territory unless they are citizens of a neighbouring State.
Protection and assistance of staff of competent authorities in the neighbouring State
1. Staff of competent authorities active in the territory of a neighbouring State will be granted legal protection within the meaning of the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the regulation of legal relations in civil, family and criminal matters signed in Prague on 2 November 1961.
2. The competent authorities of the Contracting Parties shall ensure that the staff of the competent authorities of the other Contracting Party ensure the uninterrupted performance of the service on their territory and, if necessary, provide them with protection and assistance on request.
3. The competent authorities of the Contracting Parties shall ensure that the workers of the competent authorities of the other Contracting Party, when they are in service in the territory of their State, are provided with adequate catering and accommodation, as well as other similar social benefits under the same conditions as their own workers.
Social security of the staff of the competent authorities
1. The provisions of the Convention between the Czechoslovak Republic and the People's Republic of Hungary on cooperation in the field of social policy signed in Budapest on 30 January 1959 shall apply to the social security of workers of the competent authorities when staying in the neighbouring State.
2. The staff of the competent authorities, as well as their spouses and minor children living with them in the common household, shall be provided free of charge in the territory of the neighbouring State with medical assistance for illness or accident within the meaning of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on cooperation in the field of health and medical sciences signed in Budapest on 22 December 1981.
Use of uniform
Railway workers shall be entitled to wear a uniform or a service badge when travelling on the territory of a neighbouring State.
RAILWAY AND POSTAGE PROVISIONS
Building, maintenance and performance of supervision of railway structures and installations
1. Supervision on the border link and in the exchange and border stations, as well as the maintenance and renewal of railway structures and installations, shall be carried out by the owner rail on its load, unless otherwise provided for in the Agreement.
2. The supervision, maintenance and renewal of railway structures and equipment which intersect the border line shall be regulated by the railways and, where appropriate, by other authorities of the Contracting Parties in a specific convention.
Railway service on the border link and in the exchange station
1. The carriage of trains from the national borders to the entry signal of an exchange station shall be carried out in principle in accordance with the regulations of the railway undertaking which carries out the transport of such trains in accordance with the provisions of Article 4 of this Agreement; the official language of the railway undertaking shall be used in such cases in the course of service. The rules of the neighbouring railway shall apply to the assembly and transport of trains to be transmitted at the neighbouring rail exchange station. An exception to this provision is the implementation of rail transport at the border crossing point of Štúrovo- Szob; the details shall be agreed by the railway undertaking in the specific convention.
2. The railway service in the exchange station shall be performed by the owner rail, unless otherwise agreed by the competent authorities of the Contracting Parties.
3. A train may not leave the exchange station until the competent authorities of both Contracting Parties have agreed to leave.
4. Traction vehicles of one railway can only be used in the railway network of the other rail after prior approval of the other rail.
5. Unless otherwise agreed between railways, railway traction vehicles of one Contracting Party shall not be used for the needs of the other Contracting Party. The same applies to the workers of the neighbouring railway.
Timetables
1. Timetables for trains travelling on border lines shall be agreed between railways after consultation with the competent authorities of both Contracting Parties. It is necessary to secure the train connections of the same type when compiling them.
2. When drawing up the timetable for trains crossing national borders, the length of the train's stay in an exchange or border station necessary for the performance of border services shall be ensured.
Submission and acceptance of railway wagons
Cargo and passenger wagons, transport cabinets, containers, transport aids and pallets, as well as rail consignments, shall be surrendered and taken over in accordance with international agreements binding on both Contracting Parties. The competent authorities of the Contracting Parties may agree on concessions only for transport between them.
Service telex and service consignments
1. Transport of service telex and correspondence, as well as other service mail, shall be carried out in accordance with the international treaties and conventions in force between the railways.
2. Service correspondence and other service consignments shall be submitted to the designated rail worker of the neighbouring State at the exchange station together with the list. They shall be transported free of charge on both railways.
Notification and security equipment service
1. The construction and maintenance of reporting and signalling equipment for border transport purposes, as well as other facilities serving the notification of both railways, shall be ensured by each railway in its national territory. Different details may be agreed by the competent authorities of the Contracting Parties.
2. The maintenance and repair of non-portable signals located in the territory of the neighbouring State and of the safety equipment, as well as of telephones, shall be the responsibility of the railway undertaking in whose territory there is a place of service.
3. The provision, assembly and maintenance of railway data stations for the preparation, processing, transmission and recording of data with any air-conditioning equipment is the task of the railway station serving the data station. The installation of the data station by the appropriate technology, such as telephones and radios, as well as their maintenance, is a duty of the ownership railway.
4. Those notification and signalling devices which serve to secure and manage traffic on the border line between the exchange and border stations shall end at those stations and cannot be connected to the rail network. It shall not be possible to combine the notification facilities other than to the district of an exchange or border station in the territory of a neighbouring State, as well as to switch to a public telephone and telex network of the other State.
5. With the agreement of the competent authorities of the Contracting Parties, railways may agree to establish:
(a) railway notification links from an exchange station connected to the adjacent rail network;
(b) rail notification links between railway management bodies.
6. When establishing and operating railway radio circuits in an exchange station as well as between an exchange and a border station, the rules of reference shall be those of the State in whose territory the installation is in operation.
7. Staff of the competent authorities may use the notification facilities of neighbouring railways for service purposes free of charge. The use of such facilities for private purposes is not permitted. The connection referred to in paragraphs 4 and 5 shall not be linked to a public (postal) notification network.
8. The railway shall be adapted in a specific convention to the issues of operation and maintenance of the management of reporting and signalling equipment across national borders.
Postal service in the exchange station
1. The reciprocal exchange of mail carried across national borders shall be carried out in accordance with the World Postal Convention and its implementing conventions binding on the Contracting Parties, as well as the conventions between the competent postal authorities of the Contracting Parties.
2. The competent postal authorities of the Contracting Parties shall, in agreement with the railways, designate railway stations suitable for the exchange of mail. This exchange shall normally take place in exchange stations.
3. Railway workers may also exchange postal closures if agreed by the competent authorities of the Contracting Parties.
PROVISIONS ON FOREIGN SERVICES AND THE TRANSFER OF STATE BORDERS
Performance of border services
Border services shall be carried out by the competent authorities of the Contracting Parties in the exchange stations referred to in Article 3 (2) of this Agreement under the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on joint control at national borders signed in Prague on 18 June 1976.
Crossing state borders
1. The personnel of the competent authorities of the Contracting Parties shall cross national borders in order to carry out the tasks arising from this Agreement on a cross-border licence (hereinafter referred to as "the licence '), the models of which are set out in Annexes 1 and 2. The models of such cards shall be exchanged by the competent authorities of the Contracting Parties before the entry into force of this Agreement.
2. In justified cases, in particular when auxiliary trains, snowploughs and in cases where there is a need for rapid intervention and a licence cannot be issued for personnel of the competent authorities of the Contracting Parties, those workers may cross the national border into a namelist, the models of which are set out in Annexes 3 and 4.
3. In exceptional cases, personnel from the competent authorities of the Contracting Parties who are neither licence holders nor listed may, after prior notification to the border authorities of the other Contracting Party and with their agreement on the flag, cross national borders.
4. Persons crossing national borders under this Agreement shall comply with their laws and other legislation during their stay in the territory of the other State. The competent authorities of the other Contracting Party may terminate or refuse entry to those persons who have infringed its laws or other legislation. This Decision does not need to be justified.
Card for crossing national borders
1. The card shall be issued by the competent authorities of the Contracting Parties with a validity of up to five years, which may be extended for another five years.
(2) The document shall not be subject to vision by the competent authorities of the other Contracting Party.
3. The loss or destruction of the licence shall be notified without delay to the issuing authority by the holder. The loss or destruction of the licence in the territory of the other Contracting Party shall be notified without delay by the holder of the licence to the nearest competent authority of that Contracting Party, which shall issue a certificate for return.
4. The card authorises the crossing of state borders in unlimited numbers.
Name list
1. The name list shall be displayed by rail and may include up to 20 persons.
2. The persons listed in the list shall be required to present a photo card or identity card when crossing national borders to prove their identity. Only holders of a licence may cross national borders and stay on the territory of a neighbouring State.
3. The list shall be drawn up in four copies in the official language of the Contracting Party making the list. One copy of the name list shall be retained by the issuing authority by the other holder of the licence, by one border authority of both Contracting Parties.
Stay in the territory of the other State
1. The holder of the licence shall be entitled to cross national borders to carry out the tasks set out in this Agreement at the crossing points referred to in Article 3 (1) of this Agreement, at the crossing point specified in the licence. The licence holder may, in an exceptional case, cross the national border at the nearest road crossing point if the tasks set out in this Agreement so require. It can only cross national borders on foot along the border line on the basis of the prior agreement of the border authorities of both parties.
2. The holder of the licence shall be entitled to leave, during his stay in the territory of the other State, an exchange or border station within the administrative territory of the municipality where the exchange or border station is located. It shall notify its departure to the competent border authorities or to that end to the designated authorities.
Departure and boarding on the border line
Railway workers shall be allowed to leave trains and board trains on the border line solely for service reasons with the agreement of the border authorities, except where the safety of rail traffic is inevitably required.
Import and export of official documents and other items and tender related to the performance of the service
1. Railway workers shall be entitled to carry out their duties in the territory of a neighbouring State or to export from there:
(a) official documents;
(b) articles and material required in the course of the service and other items used in the facilities of the service rooms.
2. Railway workers shall be entitled to ensure that their duties are carried out to export from the territory of the neighbouring State the tender obtained for the fees and sales of travel tickets.
(3) The import and export of the goods and charges referred to in paragraphs 1 and 2 shall be effected without import and export authorisation, free of customs duties and charges.
Customs provisions concerning rail workers
1. Railway workers serving in the territory of a neighbouring State shall be subject to customs control when crossing national borders.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 69 / 1987 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Hungarian People's Republic on Rail Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.08.1987 |
|---|---|
| Effective from | 10.04.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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