Decree of the Minister for Foreign Affairs No. 85 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of the border crossing of railways
Valid
Effective from 02.03.1964
85
DECLARATION
Minister for Foreign Affairs
of 9 March 1964
concerning the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of the border crossing of railways
On 22 September 1962, the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of the railway border crossing was signed in Prague.
The President of the Republic ratified the Agreement on 18 March 1963 and the instruments of ratification were exchanged in Vienna on 17 February 1964.
Pursuant to Article 26 (1) of the Agreement, it entered into force on 2 March 1964.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of the border crossing of railways
The President of the Czechoslovak Socialist Republic and the Federal President of the Republic of Austria, led by their wish to regulate the border crossing of railways between the two states, decided to negotiate an agreement and to this end appointed their agents:
President of the Czechoslovak Socialist Republic
Mr Dr. František Vlasák,
Minister for Transport and Communications,
Federal President of the Republic of Austria
Mr Dr. Heinrich Calice,
the special envoy and authorised Minister of the Republic of Austria; and
the Ministerial Council of Dr Erich Jarisch,
Head of Legal Service of Department II of the Federal Ministry of Transport and Electricity,
who have exchanged their powers of attorney, which have been found in good and proper form, have agreed on the following provisions:
General provisions
1. Both Contracting States undertake to allow border crossing of railways. They shall take all measures to adjust the transition effectively and simply.
2. To this end, a connection and transition service will be carried out on railway lines crossing national borders in exchange stations.
Determination of terms
The following terms shall be laid down within the meaning of this Agreement:
(a) 'territorial State' shall be the State in whose territory the railway connection and transit service is performed, 'neighbouring State' being the second State;
(b) "exchange station" means the station in which the rail transport connection and transit service are performed;
(c) "border connection line" means a line between national borders and an exchange station;
(d) "ownership" means the railway administration of a territorial State;
(e) "neighbouring management" shall mean the railway administration of a neighbouring State;
(f) "connection and transition services" shall mean the transport and transport services of both railway administrations required to carry out the border crossing of railways;
(g) "border handling" is a procedure foreseen by the laws of the Contracting States for the entry, exit and transit of persons, baggage, goods, valuables and mail.
Border crossing
1. The following lines are open for border crossing:
a) Upper Dvořiště - Summerau
(b) České Velenice - Gmünd
(c) Shatov - Retz
(d) Breclav - Hohenau
e) Nine New Ves - Marchegg.
2. The following exchange stations shall be designated for the lines referred to in paragraph 1:
(a) Summerau
(b) Gmünd
(c) Shatov
(d) Breclav
(e) Marchegg.
3. Within the meaning of this Agreement, border stations shall be:
(a) Upper Doubles
b) České Velenice
(c) Retz
(d) Hohenau
(e) Nine New Ves.
4. Railway administrations may agree that individual trains with driving vehicles and staff of the other railway administration can also travel behind an exchange station. In such cases, the provisions of Articles 4 (5), (7), (11), (14), (16) and (19) shall apply mutatis mutandis, by adjusting the connection and the transition service on the border link and in the exchange station.
General provisions concerning connection and transition services; tariff point
1. Railway administrations shall adjust the connection and transition service by special arrangements to ensure the rapid and proper performance of the service.
2. The surrender and acceptance of travel baggage, express baggage, goods, wagons, means of transport, transport boxes, pallets and relevant accompanying documents shall be carried out in exchange stations, without prejudice to the provisions of Article 3 (4) of this Agreement.
3. Trains running on border connecting lines will, when crossing national borders, be led by the neighbouring administration to an exchange station according to the traffic regulations of this administration by its driving vehicles and its personnel.
4. In exchange stations the rules of ownership apply. However, railway administrations may agree that the rules of the adjacent administration shall apply to certain sections of the rail service.
5. The authorisation of driving vehicles and the tests of staff in the territory of one Contracting State shall also apply to the territory of the other Contracting State. Railway administrations shall agree on the necessary security of operation.
6. The tariff point for all border crossing points lies at national borders.
Equipment
1. Each railway administration shall control, maintain and renew all the facilities of the exchange stations and border connection lines on its territory with regard to the needs of the railway border crossing.
2. In agreement with the neighbouring administration, the property administration shall provide the facilities, rooms and equipment necessary for the performance of the service of the neighbouring administration.
Security and communication equipment
1. Railway administrations are required to establish and maintain in their national territory the safety and communication facilities necessary for the border crossing of railways in good condition. Railway administrations may agree to derogations.
2. The communication lines crossing the national border connecting the exchange stations and border stations shall end at those stations and shall not be connected to the inland network.
3. Railway staff of the neighbouring administration shall be entitled to use the communication equipment referred to in paragraphs 1 and 2 for service purposes free of charge.
4. The use of rail communication equipment for private purposes is not permitted.
Principles for balancing performance
1. The actions performed by one railway administration for the other shall be balanced in kind, if possible. If full compensation is not possible, its own costs shall be reimbursed.
2. Where the management of ownership helps the neighbouring administration, at its request, by railway staff, means of operation or material, the ownership management shall be reimbursed its own costs.
Border handling
Border handling [Article 2 (g)] shall be carried out by the competent authorities of each of the two Contracting States in their own national territory.
Maintaining safety and order
1. If the railway staff of a neighbouring State finds breaches of the safety and order of the railway operation in the course of service on trains while travelling on border connecting lines, they shall notify as soon as possible the circumstances relating to the case of the relevant railway service of the territorial State.
2. This provision does not give railway workers the right to use coercion.
3. The provisions of paragraphs 1 and 2 shall also apply mutatis mutandis in exchange stations, unless the authorities of the territorial State are there.
Use of language
1. In exchange stations and on border connection lines it is used in contact with railway staff of the adjacent administration of the official language of that administration. In particular, any telephone, written and oral communications relating to train transport shall be made in the language of the adjacent administration. Staff members who are eligible shall have control over this language of service to the extent necessary for the performance of the service.
2. The rooms intended for the exclusive use of the staff of the neighbouring administration shall be indicated bilingual. The designation in the official language of the neighbouring administration shall be in first place.
3. Service regulations and service printed matter intended for the second railway administration shall be surrendered without translation.
Legislation for railway staff
1. Railway staff of a neighbouring administration operating in a territorial State shall act in a spirit of good neighbourly relations between railway administrations and act accordingly in service and outside.
2. Railway staff of a neighbouring administration operating in a territorial State shall, without prejudice to the provisions of international private law, be subject to the legislation of the territorial State.
3. The employment relationship of railway workers referred to in paragraph 1 shall be determined solely by the rules in force in the neighbouring State, in particular as regards disciplinary proceedings.
4. The railway staff referred to in paragraph 1 shall be exempt from all direct taxes, levies and charges against the other Contracting State if they are imposed in connection with the income from the performance of their duties.
5. The railway staff member shall be informed immediately through the competent authority of the territory of the Member State of the criminal proceedings committed in the territory of the Member State by the superior service of the railway staff member.
6. The local administration shall limit the number of railway staff in the territorial State to the extent necessary for the performance of the service. It may entrust one of these railway staff to represent it against the Railway Administration of the Territorial State. At the request of the ownership administration, the railway staff member shall be excluded or withdrawn from activity in the territorial State.
Assistance and criminal protection of railway workers
1. Servants and railway workers of a Contracting State shall be obliged to provide the necessary assistance to railway staff of the neighbouring State in the performance of their duties and to comply with their requests in the same way as similar applications of their own railway staff.
2. The criminal provisions of the Territorial State for the protection of professional conduct and the protection of railway workers shall also apply in criminal proceedings in the Territorial State against railway workers of the neighbouring administration active in the implementation of this Agreement, if these railway workers are in service or if an act takes place in connection with that Service.
3. In the event of a disease or accident on a border link or in an exchange station, the railway staff of a neighbouring State will receive the necessary first aid.
Service uniform
Railway staff of the neighbouring administration operating in an exchange station or on a border connection line shall be entitled to wear in or outside the service a uniform or a visible service sign.
Staff articles and personal goods of railway staff
1. Articles which import or export, for their professional use, railway workers of neighbouring administrations operating in a territorial State shall be exempt from customs duties and other benefits.
2. Exempted from customs duties and other benefits are also items of personal need, including food brought with them by railway staff of a neighbouring administration operating in a territorial State and needed in their official stay in the territorial State.
3. Import and export prohibitions and import and export restrictions of an economic nature shall not apply to the articles referred to in paragraphs 1 and 2.
Articles for service
Room facilities and other items required for the purposes of adjoining administration in exchange stations may be imported and exported without special authorisation, duty-free and other benefits; The same applies to tools and material needed for the repair and maintenance of all these objects.
Customs control and foreign exchange regulations
The provisions of Articles 14 and 15 shall be without prejudice to the provisions of both Contracting States on customs control and on import and export of values subject to foreign exchange legislation.
Service consignments
(1) Service letters and service packages, as well as service cash consignments, which are intended for or dispatched by the services of the neighbouring administration to the neighbouring State, may be carried by railway staff of the neighbouring administration without the intermediary of the postal administration and without postal charges.
2. In order to prevent abuse, such consignments shall bear the official stamp of the place of dispatch; Customs and foreign exchange controls shall be subject only to suspicion of acts contrary to the rules.
Cross-border and residence in the territory of the second Contracting State
1. Railway staff, including supervisory and investigating railway staff, who, in the course of their service, exceed the national border in the connection and transition service, shall have bilingual licences for crossing the national borders in accordance with the model of Annex 1a or 1b, as appropriate. Such laissez-passer shall entitle the crossing of national borders on one or more of the lines referred to in Article 3 (1) and stay in the territorial State for the duration of the service.
2. Passengers for crossing national borders shall be issued for a period of five years. The licences for crossing state borders are issued by the Czechoslovak Ministry of Interior for Czechoslovak railway staff and are seen by the Austrian Security Directorate. Licences for crossing national borders for Austrian rail workers are issued by the competent Austrian Security Directorate and seen by the Czechoslovak Ministry of Interior. Vision is valid for one calendar year.
3. Vision may be denied without giving reasons; the vision already made may be withdrawn at any time without giving a reason. The refusal or withdrawal of vision shall be notified without delay to the authority which issued the cross-border certificate and, where applicable, to the interchangeable border station referred to in that document.
4. Passengers for crossing national borders must be presented on request to the competent official authorities of the territorial State.
5. Passengers for crossing national borders shall be issued and recorded without benefits and fees.
6. For rail staff of auxiliary trains and snowboard crossing national borders, the Chief of an exchange or border station shall issue names in triplicate on a form conforming to the model in Annex 2a or Annex 2b, as appropriate. The nominal lists shall bear the signature of the chief and the official stamp of the exchange or border station. The stamp shall be affixed immediately under the last name entry. In addition, these railway workers must have a service card with a resemblance. The lists of railway staff referred to therein shall be authorised to cross the national borders on one of the lines referred to in Article 3 (1) and to stay in the territorial State for the duration of the service.
7. The competent border authorities of the other Contracting State shall be notified before crossing the national borders referred to in paragraph 6.
8. When crossing the national borders referred to in paragraph 6, railway staff shall be required to prove to the border authorities by means of names and service cards. In doing so, the border authorities of the two Contracting States shall be forwarded in one copy of the names. The third copy shall be returned to the chief of the exchange or border station which issued the lists upon return. All railway workers listed in the list must cross national borders simultaneously. If this is not possible in exceptional cases, the railway staff member responsible for the management of the auxiliary train or snow clearance plow shall, as soon as possible, inform the border authorities or the nearest safety authorities of that State, giving reasons, by taking into account the incoming railway services of the territorial State. In this case, a railway worker who was unable to return must return to the neighbouring State without delay after the obstacle has been lifted, and it is sufficient for him to return only with a form of service.
9. Railway staff of the second Contracting State who have only national border passes or are listed only in their names shall not leave the perimeter of the exchange station and the border connection line or the perimeter of the border station and the line between the border station and the state border.
10. All other rail workers need valid visa passports to cross national borders.
Guarantee
1. If, in the course of the operation of the railway in the connection and the transitional service on the border link or in the exchange station, the railway administration of a territorial State is liable, unless otherwise provided for in the next provision, to kill or harm a person or damage or destroy a thing.
2. Where the liability for loss and damage to travellers' luggage, express baggage, goods, operating equipment, means of transport, transport boxes and pallets, as well as for exceeding the delivery period, is regulated by the special international arrangements applicable to both Contracting States, this special arrangement shall apply.
3. Where the railway staff member of the adjacent administration is killed or injured in the performance of a service related to the connection and transition service in the operation of the railway on a border link or in an exchange station, or where the damage or destruction of the item carried or carried by that railway staff member is caused, the legal status of compensation shall be assessed as if damage had occurred on the lines of the railway operator to which that railway staff is responsible.
4. Railway administrations shall agree on the arrangements for the mutual procedure and the obligation of compensation.
Exchange of postal consignments
1. The exchange of postal, parcel and money mail in transport between the two States and in transit shall be carried out in accordance with arrangements concluded between the Czechoslovak and Austrian postal administrations on the basis of the provisions of the World Postal Convention and their arrangements.
2. The exchange of mail shall be carried out in exchange stations, unless otherwise agreed between postal administrations.
3. The postal exchange is provided by postal staff. The exchange of letters may also be carried out by railway staff.
4. Postal consignments may be transported by postal wagons, railway service wagons or railway freight wagons.
5. The relevant administrations of the two Contracting States will be agreed on which wagons and in which relations will be used and whether the escort will be provided by postal or rail staff.
Postal staff and liability for postal items
The provisions of Articles 11 to 14, 16, 18 and 19 of this Agreement shall apply mutatis mutandis to postal staff active in the rail postal service in the territory of the second Contracting State; the provisions of Article 19 for the loss and damage of postal items.
Exemption from arrangement fees
Arrangements negotiated under this Agreement shall be exempt from fees in both Contracting States.
Specific arrangements
The relevant points of the Contracting States may, if necessary, conclude, in addition to the arrangements already foreseen, specific arrangements for the implementation of this Agreement.
Dispute resolution
1. Disputes concerning the interpretation or implementation of this Agreement shall be addressed at the respective points of both Contracting States. This does not preclude a solution through diplomatic channels.
2. If it is not possible to resolve the dispute in this way, it shall be submitted at the request of one of the Contracting States to the arbitration panel.
3. The arbitration panel shall be established on a case-by-case basis by designating each of the two Contracting States within three months after one of them has notified its intention to contact the arbitration panel, by one arbitrator, and by agreeing on a third-State national as chairman. Unless an agreement on the President is reached within six months of one of the two Contracting States notifying its intention to refer to the arbitration panel and unless otherwise agreed, the provisions of Article 45 of the Convention of 18 October 1907 on the peaceful settlement of international disputes shall apply to the designation of the President, insofar as they apply to the choice of the President.
4. The arbitration panel shall act under this Agreement, as well as through international ordinary law and generally recognised legal principles.
5. The arbitration panel shall act by a majority vote. His decisions are binding. Each Contracting State shall pay its arbitrator's expenses; the other expenditure shall be borne by both Contracting States equally. In the rest, the arbitration panel shall adjust its own proceedings.
6. As regards the summons and interviews of witnesses and experts, the provisions on legal assistance applicable between the two Contracting States shall apply mutatis mutandis.
Duration of the Agreement; notice
This Agreement shall be negotiated for an indefinite period. It may be terminated with notice of six months at the end of the calendar year.
2. In the event of termination, both Contracting States shall immediately enter into negotiations on the new arrangements.
Ratification
This Agreement shall be subject to ratification.
It shall enter into force 14 days after the replacement of the instruments of ratification.
3. The replacement of instruments of ratification will be carried out in Vienna.
To prove it, the agents signed this agreement and sealed it.
Dane in Prague on 22 September 1962 in duplicate, in Czech and German languages, both texts being equally authentic.
For the Czechoslovak Socialist Republic
Hair Inc.
The President
Calice v. r.
Jarisch v. r.
Příloha 1a
Annex 1a
Příloha 2a
Annex 2a
Příloha 1b
Annex 1b
Příloha 2b
Annex 2b
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 85 / 1964 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on the adaptation of the border crossing of railways |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.05.1964 |
|---|---|
| Effective from | 02.03.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0