Decree of the Minister for Foreign Affairs No. 99 / 1960 Coll.
Decree on the Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic
Valid
Effective from 12.04.1960
99
DECLARATION
Minister for Foreign Affairs
of 8 June 1960
concerning the Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic
The Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic was negotiated in Prague on 4 July 1959.
The President of the Republic ratified the Convention on 28 November 1959 and the instruments of ratification were exchanged in Warsaw on 12 March 1960. Pursuant to Article 16 of the Convention, the Convention entered into force on 12 April 1960.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONVENTION
between
Czechoslovakia and the People's Republic of Poland on border traffic
The President of the Czechoslovak Republic and the State Council of the People's Republic of Poland, led by an attempt to further deepen close and lasting friendship between the peoples of the two socialist states, decided to conclude a Convention on Border Relations and appointed for this purpose by their agents:
President of the Czech Republic
Henry Kotal,
Deputy Minister of Interior,
State Council of the People's Republic of Poland
Julius Hibner,
Deputy Minister of Interior,
Those who exchanged their powers of attorney and found them in good and proper form agreed as follows:
The Contracting Parties agree to facilitate the crossing of national borders between each other on the basis of the principles laid down in this Convention.
1. Under this Convention, territories situated on both sides of the common national borders, each 15 km wide, shall be considered as border traffic zones. If the border traffic zone thus established is crossed by a municipality (city) in the territory of one of the Contracting Parties, the rest of the municipality (city) also falls within that zone.
2. The competent authorities of the Contracting Parties may, by mutual agreement:
(a) include in the border traffic zone certain municipalities (cities) situated more than 15 kilometres from the national border, if they conclude that this is necessary because of the economic or other important interests of the residents of the border territory of the Contracting Parties;
(b) exclude certain municipalities (cities) from the border traffic zone either permanently or temporarily.
3. The competent authorities of the Contracting Parties shall jointly draw up and supplement the lists of municipalities (cities) within the border traffic zones in accordance with paragraphs 1 and 2 of this Article.
1. Border traffic may take place only between opposite sections of border traffic zones.
2. The opposite section referred to in paragraph 1 of this Article shall mean a section in the border traffic zone of the other Contracting Party, situated within a radius of approximately 40 kilometres from the point at the national border closest to the residence of the holder of the pass.
1. Persons resident in the border traffic zone may receive passes authorising them to cross national borders and stay in the border traffic zone of the other Contracting Party, where justified by family reasons, employment, land management or other serious reasons.
2. Children under 15 years of age may, without a pass, cross national borders and stay in the border zone of the other Contracting Party, accompanied by one of the parents or the adopter, if they are registered in their pass.
1. The passes are disposable and permanent.
2. Discharge forms shall be drawn up in the languages of the two Contracting Parties. The passes shall be completed in the language of the Contracting Party whose authority issues the pass. However, the names of the places shall be entered in the language of the Contracting Party in whose territory the place lies. Official records in the pass shall be entered in the language of the Contracting Party whose authority makes the alert.
3. The passes shall bear the signature and stamp of the issuing authority as well as the signature and photographs of the holder. A photograph is not required if the holder of the pass also carries a identity card or another officially issued photo card.
4. Forms of redundancies shall be established by the competent authorities of the Contracting Parties by mutual agreement.
1. A single pass may be issued for reasons of family or for other serious reasons.
2. A one-off pass shall be issued within 14 days and shall be entitled to stay in the border zone of the other Contracting Party for a period of 3 days, the date of crossing of the national borders shall not count until that period.
1. A permanent pass may be issued
(a) staff employed or carrying out work in the border zone of the other Contracting Party;
(b) persons managing land in the border zone of the other Contracting Party;
(c) exceptionally for other serious reasons.
2. By way of derogation from the agreement of the competent authorities of the Contracting Parties, permanent admission may also be granted to persons residing outside the border traffic zone or to places situated beyond that zone. Such an agreement may also provide for exceptions to the principle referred to in paragraph 1 of Article 3 of this Convention.
3. A permanent pass shall be issued within 12 months and shall be entitled to re-stay in the border zone of the other Contracting Party for 7 days, not including the first day of crossing the national borders. In justified cases, the authorities issuing the pass may allow the stay to be extended within two months. A permanent pass issued for land management purposes entitles the other Party to re-stay in the border zone on one calendar day; a longer period of residence is justified by such a pass in cases of urgent and seasonal agricultural work and in other cases agreed upon by the competent authorities of the Contracting Parties.
1. Permits shall be issued by the competent authorities of the Contracting Parties.
2. The authorities issuing passes shall inform the competent authorities of the other Contracting Party of any request for a permanent pass if they intend to issue a pass. The notification shall include the name, surname, date and place of birth and the place of residence of the applicant, as well as the grounds for the issue of the pass. The release shall not be issued if the competent authorities of the other Contracting Party have notified within 14 days of notification that they do not agree to its issue and give reasons for this.
3. If the authority issuing the pass does not consider the disagreement to be sufficiently justified, its superior authority may request the competent authority of the other Contracting Party to re-examine the case.
4. The competent authorities of each of the Contracting Parties shall, at the request of the competent authorities of the other Contracting Party, cancel or withdraw the pass.
5. The authorities which issued the pass shall cancel it if it appears that one of the conditions for its issue is missing.
6. The arrangements for the cooperation of the institutions in implementing the provisions of paragraphs 2, 3, 4 of this Article shall be adapted by mutual agreement between the competent authorities of the Contracting Parties.
1. Allowances shall entitle the holder to cross the national borders only at the crossing points indicated therein and at the places or municipalities indicated on the passes.
2. The number of transitions, their species and locations, as well as the time for crossing national borders at each crossing point, shall be determined by mutual agreement between the competent authorities of the Contracting Parties taking into account the needs of the population.
3. Persons crossing national borders on a pass shall be subject to border and customs control.
1. The residents of the border traffic zone which operate on land situated in the border traffic zone of the other Contracting Party may take with them without export and import authorisation and without customs duties and other charges of agricultural equipment, fertilisers, seeds and other needs for the operation of their agricultural holding, as well as crops thereof. These concessions also apply to towing livestock, wagons and agricultural machinery (tractors, harvesters, sowing machines, etc.) if they are to be recorded and provided they are returned.
2. The residents of the border traffic zone which are users of forests situated in the border traffic zone of the other Contracting Party may export wood and other forest products extracted from those forests without export authorisation and free of duty and other charges, while maintaining national forest management rules.
3. In cases justified by local conditions, it may be possible, without export and import authorisation and without customs duties and other charges, to transfer to the border zone of the other Contracting Party farmed animals on pasture, for drinking or bathing provided that such animals return and that no restrictions resulting from the rules on the fight against animal infectious diseases in the places where they come from or where they are transported are prevented. The animals shall be recorded and the competent authorities of the Contracting Parties may require that appropriate measures be taken to identify the animals or carry them out themselves.
4. Products and chicks of animals which, pursuant to paragraph 3 of this Article, are in the border zone of the other Contracting Party may be exported without export authorisation and without customs duties and other charges.
5. The competent authorities of the Contracting Parties may, by agreement, introduce an obligation, where necessary, for persons transporting animals and plant or animal products across the border to have appropriate veterinary and phytopathological attestations.
The transport of the physical remains of persons to be buried in a cemetery in the border zone of the other Contracting Party shall be carried out on the basis of a medical certificate without the need for other documents, except where death has occurred as a result of a contagious disease.
1. In the event of a natural disaster in the border zone of the other Contracting Party, the rescue sections of each Contracting Party may cross the national borders without release if the authorities of that other Contracting Party request assistance. This request shall be handled by the border authorities. In forest fires at national borders, fire protection sections - if there is a risk of delay - may also intervene if they are not asked for assistance.
2. National borders may also be crossed without redundancies by health and veterinary service workers when they are asked for assistance in cases of a threat to life or to human or animal health.
3. The persons referred to in paragraphs 1 and 2 of this Article may cross national borders at any appropriate place and are entitled to stay in the border traffic zone of the other Contracting Party as long as they are needed there. When they return, they are obliged to use the nearest transition.
4. In the event of flooding, fire or other justified cases, the residents of the border traffic zone may cross national borders to save their life or health without release and in any appropriate place. However, they shall be obliged to report to the local authorities of the other Contracting Party.
1. Persons crossing national borders on the basis of this Convention may take with them the necessary quantities of food, tobacco products and medicines and, subject to their return, the items necessary for the performance of their employment in the territory of the other Contracting Party without an export and import permit and without customs duties and other charges.
2. The persons referred to in paragraph 1 of this Article may take with them, in the territory of the other Contracting Party, without an export and import permit and without customs duties and other charges of the wheel, car or other means of transport, subject to their return and fuel, as well as animal feed, necessary for the duration of their stay in that territory. Means of transport shall be recorded without lodging a security.
3. The customs duties and all customs formalities shall be exempt from the means of transport and rescue carried across national borders, as provided for in Article 12 of this Convention, subject to their return and the necessary propellants and animal feed.
4. The natural benefits of any kind received by the residents of the border traffic zone in connection with their employment in the border traffic zone of the other Contracting Party shall be exempt from export authorisation and from customs duties and other charges provided that the employer's certificate is submitted.
5. The arrangements for carrying out the records referred to in paragraph 2 of this Article and in paragraphs 1 and 3 of Article 10 of this Convention, as well as detailed provisions concerning the quantities and types of objects carried across national borders under this Convention, shall be established by common accord of the competent authorities of the Contracting Parties.
Each Contracting Party may, where necessary for reasons of health, veterinary and plant protection, temporarily restrict the benefits granted under this Convention. The competent authorities of the other Contracting Party shall be informed of the restrictions made without delay.
The Parties shall inform each other by diplomatic means of which authorities are to be considered competent in the context of this Convention.
1. This Convention shall be subject to ratification and shall enter into force one month after the date of exchange of the instruments of ratification in Warsaw.
2. This Convention may be denounced by each of the Contracting Parties and shall expire one year after the date on which the other Contracting Party receives notification of denunciation of the Convention.
3. The date of entry into force of this Convention shall be the date of expiry of the Convention between Czechoslovakia and Poland on the facilitation of border traffic, signed at Prague on 30 May 1925, and the Protocol implementing the Convention between Czechoslovakia and Poland of 30 May 1925 on the facilitation of border traffic, signed at Prague on 7 December 1926.
This Convention was drawn up in Prague on 4 July 1959 in two original copies, each in the Czech and Polish languages, each of which have the same validity.
To prove it, the appointed agents signed this Convention and sealed it.
From the power of attorney
President of the Czech Republic:
Kotal v. r.
From the power of attorney
State Council of the Polish People's Republic:
Hibner v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 99 / 1960 Coll., on the Convention between the Czechoslovak Republic and the People's Republic of Poland on border traffic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.07.1960 |
|---|---|
| Effective from | 12.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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