Communication from the Ministry of Foreign Affairs No. 75 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic, the Government of the Russian Federation and the Government of Ukraine on the transit of military trains with military costs of the Western Group of Armed Forces of the Russian Federation from the Federal Republic of Germany to the Russian Federation through the territory of the Czech and Slovak Federal Republic and Ukraine
Valid
Effective from 18.12.1992
75
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs stated that on 18 December 1992 the Agreement between the Government of the Czech and Slovak Federal Republic, the Government of the Russian Federation and the Government of Ukraine on the transit of military trains with military costs of the Western Group of Armed Forces of the Russian Federation from the Federal Republic of Germany to the Russian Federation was signed in Prague through the territory of the Czech and Slovak Federal Republic and Ukraine.
The Agreement entered into force on 18 December 1992 pursuant to Article 14 thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech and Slovak Federal Republic, the Government of the Russian Federation and the Government of Ukraine on transit of military trains with military costs of the Western Group of Armed Forces of the Russian Federation from the Federal Republic of Germany to the Russian Federation through the territory of the Czech and Slovak Federal Republic and Ukraine
("the Agreement ')
The Government of the Czech and Slovak Federal Republic, the Government of the Russian Federation and the Government of Ukraine, hereinafter referred to as "the Contracting Parties',
in connection with the withdrawal from the Federal Republic of Germany of the Western Group of Armed Forces of the Russian Federation ("Western Army Group '),
reaffirming its strong commitment to all-round support for the consolidation of peace, stability and security in Europe and worldwide,
led by efforts to ensure proper security and the smooth implementation of railway transport of transit military trains Western groups of troops from the Federal Republic of Germany to the Russian Federation before the territory of the Czech and Slovak Federal Republic and Ukraine,
agree on the following:
Within the meaning of this Agreement:
(a) "military persons" - officers, ensigns and soldiers Western groups of troops with personal weapons and ammunition who carry out duties to protect military costs during their transport through the territory of the Czech and Slovak Federal Republic and Ukraine,
(b) "military cargo of the Western Military Group" means military equipment, equipment, munitions and other material resources which are the property of the Western Military Group, loaded into railway wagons and transported by transit from the Federal Republic of Germany to the Russian Federation through the territory of the Czech and Slovak Federal Republic and Ukraine,
(c) "transit military train" - a railway train, assembled as a separate train for the carriage of military cargo of the Western group of troops, accompanied by military persons of the Western group of troops from the Federal Republic of Germany to the Russian Federation through the territory of the Czech and Slovak Federal Republic and Ukraine.
Transit military trains will be transported by rail from the Federal Republic of Germany to the Russian Federation through the territory of the Czech and Slovak Federal Republic and Ukraine the military costs of the Western group of troops accompanied by military personnel, consisting of one or more guards or unaccompanied. The number of military persons on one transit military train is limited to twenty-four persons when transported by rail through the territory of the Czech and Slovak Federal Republic.
In the case of accompanied trains, the master of one of the guards shall be appointed as the commander of the transit military train by decision of the Western Military Command.
In transit military trains, it is prohibited to include railway wagons with cargo which is not the property of the Western Group of Troops when travelling through the territory of the Czech and Slovak Federal Republic. When transported through the territory of Ukraine, railway wagons may be included in transit military trains with other cargo as planned.
The management of transit military trains through the territory of the Czech and Slovak Federal Republic will be provided by the Czechoslovak Party and through the territory of Ukraine by the Ukrainian Party by its own authorities and means. In order to organise cooperation between the Head of the Transit Military Train and the administrative and railway authorities of the Czech and Slovak Federal Republic on transport matters, the Czechoslovak Party shall designate an escort to each transit military train consisting of members of the railway force and the Federal Railway Police of the Czech and Slovak Federal Republic. The commander of the transit military train is obliged to follow the instructions given by these persons and in Ukraine by military administrators on the railway on the transport of transit military trains through the territory of the Czech and Slovak Federal Republic.
In order to address issues relating to the transhipment of costs, cooperation and control of shipments, the Russian Federation shall establish an operational group in the transhipment area.
Transit military trains will enter the territory of the Czech and Slovak Federal Republic from the territory of the Federal Republic of Germany through the railway border station Děčín, Vojtanov or Rumburk, from the territory of Ukraine from the territory of the Czech and Slovak Federal Republic, and will enter the territory of the Russian border station Děčín, Vojtanov or Rumburk from the territory of the Czech and Slovak Federal Republic at a maximum of four entering transit military trains in the territory of the Czech and Slovak Federal Republic in 24 hours.
The competent authorities of the Czechoslovak Republic are authorised to regulate the entry of transit military trains from the territory of the Federal Republic of Germany into the territory of the Czech and Slovak Federal Republic through the Czechoslovak State Railways so that the total number of transit military trains, located simultaneously in the territory of the Czech and Slovak Federal Republic, does not exceed eight trains or the entry of transit military trains from the territory of the Federal Republic of Germany will not be stopped if transit military trains are taken by the railways of Ukraine.
The Russian Federation shall provide Ukraine with:
- empty railway wagons in complete sets to be created on the territory of Ukraine as required by its two-day advance,
- mobile military equipment or special railway wagons for the carriage of military escort, providing a permanent advance for monthly use,
- fastening material for fixing costs and technology.
The acceptance of transit military trains from the territory of the Czech and Slovak Federal Republic may be suspended if the Russian Federation does not provide the necessary fleet, suitable for transhipment, mobile military equipment and fastening material, which the Ukrainian Party will inform the Czechoslovak Party twenty-four hours in advance. Trains which will be in the territory of the Czech and Slovak Federal Republic at the time of suspension of the receipt will be taken over by the Ukrainian Party.
The Ukrainian Party shall ensure the transhipment of military trains with military cargo from the Western Group of Armies at the expense of the Russian Federation on the basis of a separate agreement between the Ministry of Defence of Ukraine and the Ministry of Defence of the Russian Federation.
Military persons will be checked on entry into and exit from the territory of the Czech and Slovak Federal Republic according to the rosters issued by the Western Military Group headquarters and the identity document. Identity document means a valid travel document or a military book. The roster shall include the number of the military unit and the name and surname of the commander of the guard unit. For individual military persons, the list shall include the serial number, the name and surname, the date of birth and the identity document number. For passport handling in the territory of the Czech and Slovak Federal Republic and Ukraine, the Russian Federation will transmit double-copy rosters to both parties (for entry and exit).
Customs and police control of military costs Western troops will be carried out in the territory of the Czech and Slovak Federal Republic and in the territory of Ukraine according to the regulations in force in these states.
In transit military trains, the current transport of ammunition and armaments in one railway vehicle will be excluded. The military technology will be transported without ammunition only with an operational fuel supply. Transport of radioactive materials through the territory of the Czech and Slovak Federal Republic and Ukraine is excluded. The Czechoslovak and Ukrainian parties have the right to check compliance with these conditions.
In order to ensure smooth transport of transit military trains through the territory of the Czech and Slovak Federal Republic and Ukraine, a tripartite protocol will be negotiated between representatives of the Czechoslovak State Railway Organisation, the Ministry of Railways of the Russian Federation, the Ministry of Defence of the Russian Federation, the State Administration of Railways of Ukraine and the Ministry of Defence of Ukraine.
The Czechoslovak and Russian Parties shall appoint representatives - agents who are entitled to deal with practical issues arising from the implementation of the relevant provisions of this Agreement.
The representative - Agent of the Russian Federation works with the representative - Agent of the Czech and Slovak Federal Republic. The competent authorities of the Contracting Parties shall provide the representatives - agents with all information concerning the transit of military trains.
Representatives - Agents will in particular:
(a) to represent the Contracting Party in liaison with the competent authorities and bodies of the other Parties;
(b) to discuss issues at issue concerning the interpretation and application of this Agreement;
(c) to address claims for damages by amicable means.
Military persons are obliged to respect sovereignty and comply with the rule of law of the Czech and Slovak Federal Republic and Ukraine, not interfere in their internal affairs and refrain from taking steps that would undermine the normal life of the inhabitants of the Czech and Slovak Federal Republic and Ukraine.
Military persons when transporting transit military trains through the territory of the Czech and Slovak Federal Republic shall not be subject to the jurisdiction of the Czechoslovak courts and administrative authorities in the performance of their duties in connection with the protection of military cargo.
The questions of jurisdiction relating to the residence of military persons during their transit through Ukraine are addressed as follows:
(a) in respect of offences and offences committed by military persons in the territory of Ukraine against persons who are not military persons, the rule of law of Ukraine shall apply and shall be dealt with by the Ukrainian courts, prosecutors and other bodies competent in the investigation of offences and offences;
(b) where military persons commit offences or offences against the Russian Federation or against military persons on a transit military train, the legal provisions of the Russian Federation shall apply and shall be dealt with by the authorities of the Russian Federation competent in the investigation of offences and offences.
Transfers of transit military trains shall take place through the territory of the Czech and Slovak Federal Republic under the Convention on International Rail Transport (COTIF). The withdrawal of transit military trains to the Ukrainian Railways will be carried out under the SMGS Agreement.
(1) The Russian Federation is responsible for the actions of military persons as well as for the damage caused by them and for the damage resulting from the military cargo of the Western military group.
The damage incurred in transporting transit military trains to the territory of the Czech and Slovak Federal Republic will be assessed in accordance with the Czechoslovak legal order and the Convention on International Rail Transport (COTIF) and in transit to the territory of Ukraine under the Ukrainian legal order and regulations applicable to the carriage of goods on Ukrainian railways.
(2) The Russian Party will pay damages which will be caused by military persons of the Czechoslovak State, the Ukrainian State, the natural and legal persons of the Czech and Slovak Federal Republic or Ukraine, as well as by foreign natural and legal persons in transit through the territory of those States.
(3) The representatives - agents of the Contracting Parties - are responsible for dealing with claims for damages.
If the claim for damages is not met within five months of its application or is not met to the extent required, the Czechoslovak or Ukrainian courts shall be responsible for resolving the claim.
The Russian Party recognises in these matters the powers of the Czechoslovak and Ukrainian courts and the enforceability of their judgments and undertakes, within three months of the legal power of the judgment, to make good the damage.
The Czechoslovak Party and the Ukrainian Party may temporarily suspend the implementation of all or part of this Agreement in order to ensure public order, safety and environmental protection or health. The introduction or revocation of such measures shall be notified in writing by the Czechoslovak or Ukrainian Party to the other Contracting Parties.
This Agreement shall enter into force on the date of signature. This Agreement shall expire on the date of the complete withdrawal of the Western Troop Group from the territory of the Federal Republic of Germany.
The Contracting Parties may terminate this Agreement. The Agreement shall expire three months after its written denunciation by diplomatic channels.
Dane in Prague on 18 December 1992 in three copies, each in the Czech, Russian and Ukrainian languages, each text being equally authentic.
For the Government of the Czech and Slovak Federal Republic:
P. Picked v. r.
For the Government of the Russian Federation:
V. P. Grebennikov v. r.
For the Government of Ukraine:
L. L. Železňak v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 75 / 1993 Coll., on the negotiation of the Agreement between the Government of the Czech and Slovak Federal Republic, the Government of the Russian Federation and the Government of Ukraine on the transit of military trains with military costs of the Western Group of Armed Forces of the Russian Federation from the Federal Republic of Germany to the Russian Federation through the territory of the Czech and Slovak Federal Republic and Ukraine |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.1993 |
|---|---|
| Effective from | 18.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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