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On The Agreement Between The Czechoslovak Socialist Republic And The Federal Republic Of Germany Concerning Inland Waterway Transport

Original Language Title: o Dohodě mezi ČSSR a SRN o vnitrozemské vodní dopravě

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330/1990 Coll.



The communication from the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 26 July. January 1988

was in the Prague agreement signed between the Government of the Czechoslovak Socialist

of the Republic and the Government of the Federal Republic of Germany on inland waterways

transport. Agreement entered into force pursuant to its article 19, paragraph. 1

on 4 December 2004. May 1990.



The Czech version of the agreement shall be published at the same time.



The agreement



between the Government of the Czechoslovak Socialist Republic and the Government of the Federal

Republic of Germany on inland waterways transport



The Government of the Czechoslovak Socialist Republic



and



the Government of the Federal Republic of Germany,



Desiring to further develop inland waterway transport between the two countries,



with regard to the final act of the Conference on security and cooperation in

Europe, in particular to its provisions on the development of transport,



have agreed as follows:



Article 1



Within the meaning of this agreement are:



and "ships"): river boats, officially registered in the scope of this agreement,

which may be carried out by the transport of persons and/or costs where there are

registered, without special traffic permits;



(b)), "lichtěry": a ship within the meaning of and), which are tlačnými boats without

the crew and they are not self-propelled;



(c)) "fairway": cruise operators, who have a permanent home in your

company or their permanent residence in the scope of this agreement;



(d)) "competent authorities": the Transport Minister of the Czechoslovak Socialist

Republic and the Federal Minister of transport of the Federal Republic of Germany, if the

each informs the other offices or places as appropriate;



(e)): "ports" ports and officially allowed in the scope of this

the agreement.



Article 2



1. In accordance with articles 3 to 6, the ships of one party to fly inland

waterways of the other party in the scope of this agreement, as well as the use of

ports and moorings are officially authorized. This also applies, mutatis mutandis, to

transport equipment and floating bodies floating, as well as for transporting

newly built vessels.



2. On the river Elbe remains present fairway practice with regard to article 3

paragraph 3 shall remain unaffected.



Article 3



1. ships of both sides can carry a person and/or costs between ports

one party of the other party and the ports, as well as vice versa, inland

waterways, which connect the (mutual). The Czechoslovak

the ship can carry a person and/or the cost between the Czechoslovak

ports and/or one of the following ports of the other party, as well as

on the contrary:



and maritime ports);



b) ports, which lies on the direct path to seaports;



c) ports, designated by the competent authority within the meaning of article 1 (d))

on the proposal of the Joint Committee.



2. In the transport sector are involved in shipping enterprises of both parties in

during the year, smoothly always half the volume of shipments. In the implementation of

the Division of cost calculation method will be determined by the Joint Committee.



3. paragraph 2 shall be exempted from the carriage by ships of the Czechoslovak party after

The Elbe River from the Czechoslovak Socialist Republic in sea port

Hamburg, and vice versa. Carriage of goods in transit through the other maritime

ports of the Federal Republic of Germany may, by derogation from paragraph 2, the

also perform better for the Czechoslovak side podílování volume

of the goods. As regards the loco and goods from the port of Hamburg, the

the Czechoslovak party seek to make companies other navigational

the parties involved in these shipments. The details of implementation will be

agreed upon in the Joint Committee.



4. at the request of the competent authority of one party shall, on a proposal of the joint

Committee approves binding economically justified the minimum-maximum

the carriage charge rates and secondary conditions.



5. Each Party may for a cruise on their waterways in the mutual

transport to lay down after consultation within the Joint Committee, the highest numbers of trips,

If you require special reasons that relate to the implementation of the

inland waterway transport.



6. Ships other than those listed in article 1 (a)), will be

admitted to participation in the mutual transport between ports of the two parties, only the

If the parties agree on the proposal of the Joint Committee.



Article 4



1. Without a breach of the existing multilateral treaty, ships

both parties carry a person and/or cost over the territory of the other party to the

track sections, of which the competent authorities shall agree on the basis of the

the design of the Joint Committee (transit traffic).



2. Each Party may, for the navigation on their inland waterways in transit

transport establish, after consultation within the Joint Committee, the highest numbers of trips,

If it requires extraordinary reasons in the transit transport sector.



Article 5



The ships of both sides can carry a person and/or the cost between the port of

the other party and the ports of the third State (třetízemní right) and vice versa only

on the basis of special authorisation from the competent authorities.



Article 6



Transport of persons and/or costs between the ports of the other party (cabotage)

allowed only by special permission of the competent authorities.



Article 7



1. A cruise shall be governed by the legislation of the parties, after which the Inland

waterways takes place.



2. However, the following exceptions Apply:



and on the Danube is recognized) certification of the crew (including the leader

the vessel), issued by the other party, as well as the ship's certificate.



(b)) for the navigation on the Elbe River from the lower limit of the port of Hamburg (Elbe km

639) upstream, Ilmenau, on the Labe and Vltava River-lübeckém channel is

recognises the Elbe lodnické and certificates of the ship (ship's certificate), issued by the other

party.



(c)) for navigation on inland waterways in the other-with the exception of

The Rhine, Moselle and maritime waterways-the competent authorities against the

the presentation of documents and certificates obtained in the territory of the other party, that

apply to the ship, its crew and cargo (e.g. ship's certificate and

the ship's patents), exhibiting the prescribed documents and certificates. A prerequisite for

for this is that the documents and certificates were granted on the territory of one party for the

the conditions, which comply with the regulations in force in the territory of the other party.



3. ships may carry dangerous goods only if they have to

the water path prescribed by the applicable certificate.



Article 8



Both parties will be treated equally with one ships and other

the application of the traffic rights granted to them under articles 2 to 6; It

applies in particular to:



and in collecting public sailing) and port charges;



(b)) when using a public port facility, quays, locks

Chambers and similar navigational equipment;



(c) the competent authorities when handling);



(d)) in obtaining fuel and lubricants.



Article 9



Both parties will be treated equally with one ships and the other party, if

as for the customs clearance of stocks of food and supplies delivered to

Board. The same applies to the fuel and lubricant substances intended for consumption or

the need for ships.



Article 10



1. Shipping companies from both parties may establish on the territory of the other party, in

accordance with the law there after approval by the competent authority on the basis of the

reciprocity, the Agency to ensure the care of the ship and the crew.



2. Shipping companies from both parties may, for the purpose of increasing of economy

your traffic to negotiate among themselves the arrangements for the operational, technical and

commercial cooperation.



3. the activities of the existing agencies will not be affected.



Article 11



Each Party shall give the other party the right firms shipping to

transferred their income freely on the territory of their party. Transfer shall be made on the

the basis of the official exchange rates in the normal time limit.



Article 12



1. The members of the ships ' crews of both parties need to border crossing travel

document and visa issued in advance.



2. The cargo ships may only be members of the crew. On personal and

cargo ships may, together with the members of the crew to cross the border

their spouses and their unmarried minor children, if they have the documents

referred to in paragraph 1, and visa. Children under the age of 15 years can be entered in the

the travel document of one of the parents.



3. On the Danube do not need members of ships ' crews of both parties for the crossing

borders and to stay on the Board and on the territory of the Danube ports of visa,

If you are the holder of swimming the Danube and books are listed in the list

members of the crew. The same applies to those members of the family members of the crew,

who are enrolled in their swimming book for the Danube, as well as those

family members, who hold their own swimming books

The Danube.



4. any person referred to in paragraphs 1 to 3 shall be entered

in the list of crew.



5. both parties shall exchange designs the documents referred to in paragraphs 1 and 3.



6. If the legislation of a party concerning the entry and residence of aliens

more favourable adjustments, gives them precedence.



Article 13



1. ships of both sides can be vyvazovány and can stay on these

locations:



and in ports), loading and unloading;



(b)) in the intermediate ports of call;



(c)) in places on the fairway, allowed shipping regulations.



2. In the event of an accident, an accident, severe illness, or of persons on board

other reasons that prevent the continuation of the voyage, the ships to land

at any suitable place. In such cases, the leader of the vessel

or authorized person immediately notify the nearest border,

Customs or Police Office.



3. the competent authorities shall provide the necessary assistance during accidents or accidents,

on which the other party is involved in the ship or persons on board such vessels.

Accidents or accidents during the heavy ships or persons on one side

these ships on the territory of the other party, it shall inform the party

the territory of this event occurred, without delay, to the other party, shall take the

the measures necessary for the examination of the causes of the event and the outcome shall inform the

the other side.



4. the members of the ship's crew and their families, who is

accompany, in a disease or an accident in the territory of the other

require medical attention or hospital treatment and

pharmaceuticals.



Article 14



1. the implementation and control of the implementation of this agreement establishes a Joint Committee,

which will meet at least once a year, alternately in the territory of one of the

of the parties. Each party will send three members who will always be designated

by the competent authorities. Each party may invite to the meetings of the Joint Committee

expert. The Joint Committee shall be determined by the rules of procedure. The Joint Committee shall be chaired by

the representative of the competent authority always alternately one and the other party.




2. the Joint Committee is responsible in particular:



and) to the competent authorities to submit proposals on the



-determination of inland transit routes (article 4, paragraph

1),



-determination of river ports [article 3, paragraph 1, point (c))],



-the fixing of minimum-maximum rates and the side of the carriage charge

conditions (article 3 paragraph 4),



-permits for ships from third countries to mutual Transport (article 3 of the

paragraph 6);



(b) to carry out consultations on the options) the determination of the maximum number of rides in

transit transport (article 4 paragraph 2) and transport (article 3 of the

paragraph (5)), as well as to carry out the measures referred to in article 3, paragraph 3, sentence 2

and (3);



(c) the register of ships) statistically the operation of both parties;



(d) if necessary, distribute) of goods to transport River voyages of both

parties under article 3, paragraph 2.



3. the minimum-maximum carriage charge rates, terms and conditions, including the

on which the Joint Committee agreed to submit to the Committee, the competent authorities of the

approval. The competent authorities shall agree on the conclusions of the joint

the Committee of the entry into force and shall notify immediately, when they enter into pursuant to

the effectiveness of national legislation.



4. the Joint Committee shall also submit to the competent authorities proposals on

adapting this agreement to the development of inland waterway transport and the solution

all questions that arise in the implementation of this agreement.



Article 15



1. the Arrangements envisaged for the



-determination of the inland waterways of transit (article 4, paragraph

1),



-determination of inland waterway ports [article 3, paragraph 1

Letter c)],



-the fixing of minimum-maximum rates and the side of the carriage charge

conditions (article 3, paragraph 4, and article 14, paragraph 3),



-participation of ships from third countries on mutual Transport (article 3, paragraph 6)

will be implemented by the competent authorities shall communicate to each other's consent to

the proposals, which they shall submit to the Joint Committee shall, if possible, within two

weeks.



2. If it is not possible to achieve the same opinions in the Joint Committee,

meet at the request of one party, the representatives of the competent authorities in the course of the

four weeks for consultations.



Article 16



The competent authorities shall forward to the Joint Committee at its request, the supporting documents,

It needs to carry out its tasks in accordance with article 14, paragraphs 2 and 4.



Article 17



Sports boats of both parties can use the inland waterways in

the scope of this agreement in accordance with the law, that there is true.



Article 18



Under the quadripartite agreement of 3 September. September 1971 this agreement in accordance

with established procedures extended to Berlin (West).



Article 19



1. This agreement shall enter into force on the date when the parties mutually

in writing through diplomatic channels that it has satisfied the national

the prerequisites for the entry into force of the agreement.



2. this agreement is concluded for an indefinite period.



3. this agreement can be in writing through the diplomatic channel of each party

is terminated within six months before the end of the calendar year. In this

When the agreement expires the end of the calendar year.



Done in Prague on 26. January 1988, in two original copies, each in the

Czech and German languages, both texts being equally authentic.



For the Government of the Czechoslovak Socialist Republic:



Ing. Vladimir Blazek in r.



For the Government of the Federal Republic of Germany:



Dr. Werner Schattmann in r.



Dr. Jürgen Warnke in r.