Decree No. 74 / 1956 Coll.
Ordinance of 13 January 1956 on the Transport Agreement between the Czechoslovak Republic and the People's Republic of Poland
Valid
Effective from 14.09.1956
74.
Decree of the Minister for Foreign Affairs
of 26 October 1956
on the Transport Agreement between the Czechoslovak Republic and the People's Republic of Poland of 13 January 1956.
A Transport Agreement with the Annex was negotiated between the Czechoslovak Republic and the Polish People's Republic in Prague on 13 January 1956.
The President of the Republic ratified the Transport Agreement with the Annex on 3 September 1956 and the instruments of ratification were exchanged in Warsaw on 14 September 1956.
Pursuant to Article 27 of the Transport Agreement with the Annex, the date on which the instruments of ratification were exchanged, i.e. 14 September 1956, became effective.
The Czech version of this Transport Agreement with the Annex is announced in the Annex to the Collection of Laws. *)
David v. r.
Annex to Decree of the Minister of Foreign Affairs No. 74 / 1956 Coll., on the Transport Agreement between the Czechoslovak Republic and the People's Republic of Poľská of 13 January 1956.
Transport Agreement
between the Czechoslovak Republic and the People's Republic of Poland.
Having regard to the universal development of Czechoslovak-Polish economic cooperation, in particular in the field of maritime and inland navigation and rail transport, the President of the Czechoslovak Republic and the Council of the Polish People's Republic, decided to replace the Czechoslovak-Polish Transport Agreement signed in Prague on 4 July 1947 with a new Transport Agreement corresponding to the current economic needs of both States, and to this end appointed their agents:
President of the Czech Republic:
Antonín Pospíšil,
Minister for Transport,
State Council of the People's Republic of Poland
ing. Mieczyslaw Popiel,
the Minister for Navigation,
who, having exchanged powers of attorney found in good and proper form, have agreed on the following provisions:
Sea traffic.
(1) Both Parties shall, in accordance with their economic needs, establish adequate conditions allowing the proper use of Czechoslovak and Polish seagoing ships.
(2) The Polish Party shall, in accordance with its economic needs in Polish maritime ports, ensure appropriate conditions allowing the Czechoslovak Party to use them as much as possible.
(1) Seagoing merchant ships under the Czechoslovak flag, hereinafter referred to as Czechoslovak ships, will be able to use Polish seaports as navigational technical bases.
(2) In particular, the Polish Party will ensure storage facilities for the goods needed for the operation and maintenance of ships by the Czechoslovak ships, the possibility of using repair services in workshops and docks and other technical and classification services, as well as the supply of fuel, food, water and the like, as appropriate.
(1) Czechoslovak ships, as well as ships hired by a Czechoslovak undertaking and the costs of those ships, will be treated in the same way in Polish maritime ports and in Polish internal and territorial maritime waters as in Polish ships and costs.
(2) Ships referred to in the preceding paragraph will not be authorised to carry out cabotage, fishing or other uses of the sea in Polish internal and territorial sea waters, or services in Polish ports, on ray and on beaches, in particular pilotage, tug, rescue services and ancillary services.
The ships referred to in Article 3 (1) shall, subject to the provisions contained in Article 5, be subject to the rules of Polish law in Polish maritime ports and in Polish internal and territorial maritime waters, in particular those relating to order and public security, customs, devis, health, veterinary protection, plant protection and the like.
(1) The nationality of Czechoslovak ships will be determined by Czechoslovak legislation.
(2) In maritime ports and internal and territorial maritime waters of the People's Republic of Poland, Czechoslovak ships will be subject to Czechoslovak legislation concerning equipment, equipment, security measures, marking and navigability, unless these regulations contradict the generally recognised principles of international law.
(3) In Polish maritime ports, Czechoslovak ships will not be subject to new measurements and the amount of port charges will be determined on the basis of a certificate of measurement issued or recognised by the Czechoslovak authorities.
(1
(2) Undertakings of each of the two Contracting Parties whose activities relate to maritime transport shall be able to establish and maintain in the territory of the other Contracting Party representative, agent, detour and other establishments under the conditions referred to in the preceding paragraph.
The Polish Party shall treat the Czechoslovak undertakings and the establishments referred to in Article 6 in the same way as the Polish undertakings and establishments with regard to free access to ports, the advantages granted in the course of commercial activities relating to ships and their costs, the facilitation of loading and unloading and the like.
(1) The undertakings of both Contracting Parties referred to in Article 6 shall carry out the transport of costs in close economic cooperation. This cooperation will also aim at mutual assistance and synergies in the purchase and construction of ships, in their repair, in the storage of costs, in the provision of assistance in the event of an accident and in the replenishment of ships and in the provision of experience in maritime commercial ships.
(2) The scope and conditions of cooperation referred to in the preceding paragraph will be agreed between the abovementioned undertakings. If necessary, these undertakings shall hold joint meetings.
Inland waterway transport.
(1) Each of the two Contracting Parties shall grant the undertakings of the inland navigation of the other Contracting Party the right to use the designated inland waterways on their territory for the carriage of goods and passengers and baggage between the two States, including in transit.
(2) Transport routes shall be determined by a separate agreement.
Vessels registered in one of the ports of one of the two Contracting Parties and corresponding to the technical conditions applicable on the relevant waterway shall be admitted to navigation on the inland waterways of each of the two Contracting Parties.
Inland waterway vessels of each of the two Contracting Parties shall use inland ports of the other Contracting Party as navigational technical bases.
(1) The vessels of each of the two Contracting Parties will be subject to the legislation in force in the territory to which they pass.
(2) Shipship operations carried out on the territory of either Contracting Party by inland waterway undertakings of the other Contracting Party shall be subject only to those restrictions resulting from legislation relating to public policy, public security, customs, health, veterinary protection and plant protection.
Both Parties will provide each other with all assistance, including assistance in workshops and shipyards, in accidents, collisions and collisions. This assistance will be provided to such an extent as to enable vessels to safely reach their own waterways.
Ships and crew documents issued by the competent authorities of one of the two Contracting Parties shall be recognised by the other Contracting Party.
Inland waterway undertakings of each of the Contracting Parties will be able to establish and maintain in the territory of the other Contracting Party:
(a) prosecutors, agents and turnovers;
(b) repair shops;
(c) warehouses of technical operational material, provided that they maintain the legislation in force in that territory.
Each of the two Contracting Parties shall treat the vessels and costs of inland waterway undertakings of the other Contracting Party, as well as their establishments referred to in Article 15, as well as the vessels and costs of domestic undertakings, as well as their premises as regards the use of river and sea ports, designated transport routes, repair and repair facilities, supplies and the like.
Rail traffic.
In order to further improve rail transport as well as the proper use of the railway park, each of the two Contracting Parties shall:
(a) ensure favourable rail connections for mutual and transit transport;
(b) ensure that all formalities relating to the carriage of passengers, baggage and goods through border crossing points are carried out expeditiously and shall endeavour, by mutual agreement, to simplify them in such a way that the retention of trains at border stations is as short as possible;
(c) ensure the rapid, safe and regular transport of passengers, baggage, goods and express services;
(d) ensure the prompt return of freight wagons of the other Contracting Party which are in its territory.
The two Contracting Parties shall endeavour to determine the number of routes and crossing points as well as the timetable ensuring the most favourable conditions for rail transport.
Common provisions.
Each of the two Contracting Parties shall submit to the other Contracting Party plans for the transit of goods through its territory. The quantity of goods contained in these plans shall be determined by mutual agreement, taking into account the economic needs of the State for which the transit is carried out and the capacity of the means of transport and equipment of the State through which the transit is carried out.
Undertakings and establishments of each of the two Contracting Parties, as referred to in Articles 6 and 15, shall be entitled to employ, in the territory of the other Contracting Party, nationals of both Contracting Parties and nationals of third States, in maintaining the provisions on crossing national borders and residence in the territory of the other Contracting Party.
Holders of Czechoslovak maritime books and inland navigation, as well as persons incorporated therein, will be able to cross national borders in places designated in accordance with the provisions agreed in a specific arrangement.
(1) The undertakings and establishments of each of the two Contracting Parties referred to in Articles 6 and 15 shall, on the basis of the principle of reciprocity, be exempt from taxes which affect the revenue or turnover from the operation of transport within the territory of the other Contracting Party or their property within that territory.
(2) The exemption referred to above shall not apply, subject to specific arrangements, to an activity which is not directly related to transport by undertakings and establishments referred to in the preceding paragraph, or to non-transit traffic between the river ports of the other Contracting Party (cabotage).
(1) The two Contracting Parties shall grant each other exemption from customs duties and duties, as well as from import and export restrictions, subject to compliance with public and health rules and regulations, as well as animal and plant protection rules:
(a) for seagoing ships and inland vessels with normal equipment and equipment, with spare parts, tools, propellants and lubricants in quantities corresponding to their normal needs, with meals for the crew of the ship or vessel and with other supplies needed on board or on board;
(b) for costs carried by means of means of transport of one of the two Contracting Parties in transit through the territory of the other Contracting Party;
(c) for items imported for the equipment, maintenance and repair of seagoing ships and inland waterway vessels, as well as items imported for the equipment of navigational undertakings, their representative offices, agencies, depots and other establishments for the purpose of carrying out navigational work.
(2) The detailed provisions on customs exemptions referred to in the preceding paragraph shall be determined in the arrangements of the customs administrations of the two Contracting Parties.
(3) Customs concessions and exemptions of crew members and members of their families in personal matters shall be agreed upon by the customs administration of the two Contracting Parties.
(1) The exemption from customs duties and duties does not apply to service charges.
(2) Articles exempt from customs duties and customs duties may not be disposed of in the territory to which they were imported. The customs authorities may check that these articles have been used for the appropriate purpose.
(3) The customs authorities of the Member State of transit may make the transit consignments subject to customs control or order an official escort.
In order to ensure the proper implementation of this Agreement, as well as to establish appropriate conditions for the further development of cooperation, the participating authorities or undertakings of both Contracting Parties shall hold joint consultations convened at the request of one of them.
Final provisions.
If, during the period of validity of this Agreement, one of the two Contracting Parties requests a revision of the whole of this Agreement or of some of its provisions, the other Contracting Party shall be obliged to negotiate within three months of receipt of the request for revision.
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 on which it comes into force. It shall be extended in silence for further five-year periods, unless either Party denies the Agreement at least one year before the end of the five-year period in question.
This Transport Agreement replaces the Czechoslovak-Polish Transport Agreement signed in Prague on 4 July 1947. As soon as it comes into force, the Czechoslovak-Polish Treaty negotiated in connection with the abovementioned Transport Agreement of 4 July 1947 will expire.
This agreement was drawn up in Prague on 13 January 1956 in two copies, each in the 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:
Antonín Pospíšil.
For the People's Republic of Poland:
Mieczyslaw Popiel.
ANNEX TO THE TRANSPORT AGREEMENT
List
agreements which expired by the entry into force of the Transport Agreement between the Czechoslovak Republic and the Polish People's Republic, negotiated in Prague on 13 January 1956.
1. Transport agreement between the Republic of Czechoslovakia and the Republic of Poland, negotiated in Prague on 4 July 1947, with all annexes;
2. Article VII of the Final Protocol signed in Prague on 4 July 1947 and forming the Annex to the Czech Republic. 13 the Convention between the Republic of Czechoslovakia and the Republic of Poland on Economic Cooperation, negotiated in Prague on 4 July 1947;
3. the Czechoslovak-Polish Additional Protocol to the Customs Procedure and Customs Control Agreement, as well as the documents for the crews of inland vessels, agreed in Warsaw on 16 October 1948;
4. the Czechoslovak-Polish Customs procedure and customs control arrangements, as well as the documents for the crews of inland vessels, agreed in Warsaw on 12 January 1949;
5. The Convention between the Republic of Czechoslovakia and the Republic of Poland on the rental of areas in the Szczecin port, negotiated in Prague on 15 July 1949, with the Final Protocol and the Annexes.
On page 161.
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Regulation Information
| Citation | Decree No. 74 / 1956 Coll., on the Transport Agreement between the Czechoslovak Republic and the People's Republic of Poland of 13 January 1956 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1956 |
|---|---|
| Effective from | 14.09.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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