43/1982 Sb.
DECREE
Minister of Foreign Affairs
of 3 July 2003. February 1982
on the agreement between the Government of the Czechoslovak Socialist Republic and the Government
The German Democratic Republic on rail transport to průvozních
the lines of the common State border and in a privileged transit
rail transport
On 1 May 2004. April 1981 was in the Prague agreement signed between the Government of
The Czechoslovak Socialist Republic and the Government of the German Democratic
Republic of rail transport on the průvozních lines to the common State
border and in a privileged transit rail transport. The agreement entered
into force, pursuant to article 30 on 13 November. October 1981.
The Czech version of the agreement shall be published at the same time.
First Deputy:
Ing. Book v.r.
The AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German
the Democratic Republic of the průvozních railway lines to the
the common State border and transit rail transport in a privileged
The Government of the Czechoslovak Socialist Republic and the Government of the German
the Democratic Republic of
starting from the Treaty of friendship, cooperation and mutual assistance between the
The Czechoslovak Socialist Republic and the German Democratic
Republic of 3. October 1977,
in accordance with the Treaty between the Czechoslovak Socialist Republic and the
The German Democratic Republic on cooperation in the field of transport and the
immigration, customs and other inspection at the border crossing of 21 June.
December 1970 and the Treaty between the Czechoslovak Socialist Republic
and the German Democratic Republic on cooperation in joint Government
the border and on mutual assistance on border issues of 8 March. September
1976,
Desiring to modify rail transport on the průvozních lines on the
the common State border and privileged transit rail transport,
have agreed as follows:
(I).
GENERAL PROVISIONS
Article 1
The agreement modifies the
and the railway traffic on railway) lines, operated by railway
the administration of a Contracting Party, located partly on the territory of
the other party (hereinafter called the "transit traffic");
(b) the carriage of persons and goods) including baggage and express services, as well as postal
shipments by rail from the sovereign territory of the Czechoslovak Socialist
States on the territories of the Czechoslovak Socialist Republic in
free transit through sovereign territory of the German Democratic Republic,
as well as of the sovereign territory of the German Democratic Republic to the sovereign base
the territory of the German Democratic Republic in a free transit through the territorial
the territory of the Czechoslovak Socialist Republic, known as
privileged transit rail transport (hereinafter called
"privileged").
Article 2
Within the meaning of this agreement mean
a) "Transit train railway train railway authorities of a Contracting
the parties, who, in transit or in privileged traffic passes through the territorial
the territory of the other State;
(b)) "transit territory" sovereign territory of the country that you are travelling onward journey in trains
the railway authorities of the other party;
(c)) "transit line" section of the railway line is dedicated for transit or
a privileged transport and travel onward journey in trains;
(d)) "railway authorised to conduct the operational management of transport"
the railway administration of one party to be entitled to ride onward journey
the sovereignty of the territory of the other State trains.
Article 3
Transit routes for transit transport within the meaning of article 1 (a). and) are
and the stretch of railway line) Oberoderwitz-Bautzen between km 21.031 and km
run by the railway administration 22.053 German Democratic Republic
(German Imperial railway), located on the territory of the Czechoslovak
Socialist Republic of Vietnam;
(b) the section of the railway line), located on the territory of the Czechoslovak
the Socialist Republic between Plauen (Vogtland) the mountains. water tank. -Bad
Brambach, between km and km 48.137 47.610, operated by the German Imperial
excluded;
(c)) part of the track we will station of Vojtanov, located between km 59.259 and km
59.459 railway line Bad Brambach-Preston on the territory of
The German Democratic Republic, operated by the railway administration
The Czechoslovak Socialist Republic (Czechoslovak State
lanes);
d) sections of railway line between Vojtanov-Bad Brambach km 51.897 and km
52.085, as well as between km and km 59.459 55.525, located on the territory of
The German Democratic Republic, operated by the Czechoslovak Government
tracks from the border at km 51.325 (tariff item).
Article 4
Transit lines for a privileged transport within the meaning of article 1 (a). (b))
are
and) between the Gross-Schönau (Sachs) and a stretch of railway line Seifhennersdorf
Czechoslovak State Railways from km to km 13.707 9.688, on which
the station is located Downtown and
(b)) between Varnsdorfem and Liberec a stretch of rail line German
the track from km to km 24.528 9.688, on which lies the station Gross-Schönau
(Sachs) and Zittau.
Article 5
Railway Administration authorised to conduct transit transport has on the
průvozních tracks the right to carry people and goods including baggage and
express services, as well as mail from the sovereign territory of the Czechoslovak
the Socialist Republic of the sovereignty of the territory of the German Democratic Republic
on the sovereign territory of the Czechoslovak Socialist Republic, respectively. from
sovereign territory of the German Democratic Republic the sovereignty of the territory
The Czechoslovak Socialist Republic on the sovereign territory of the German
the Democratic Republic in the free transit.
Article 6
(1) in this agreement, unless otherwise specified, shall be subject to the operational and
privileged traffic regulations prevailing in the State territory.
(2) on the maintenance of order and security on the transit route care authorities
responsible for the operational territory.
(3) on the průvozních lines of trains may be accompanied by members of the
border, passport or of the Customs authorities of the Contracting Party whose
the railway administration is authorised to carry out transit traffic.
(4) the railway administration Train staff authorised to carry out the operational
transport carries out supervision in the průvozních railway trains. Is obliged to
to keep tabs on it that, when an unplanned stop in the territory of the State of
passengers nenastupovali or not arbitrarily.
Article 7
(1) the Transit and the privileged right not subject to passport control, and
the customs inspection. These transport have the same force as national
to the right.
(2) the prohibitions on the import, transit or export valid on the territory of the State of
does not apply to persons and goods transported in the průvozních trains. The seizure
the goods to the competent authorities for the operational territory is not permitted.
(3) persons from the průvozních trains or they commit a criminal
activities may be the competent authorities for the operational territory of the excluded from the
free transit. The competent authorities of the other Contracting Party shall be
It informed.
Article 8
(1) on the průvozních lines are not allowed to stand out or get in,
as well as deliver or receive objects. This does not apply for train
staff in the performance of services and in the case of paragraph 2, and article 10
paragraph. 5, article 16, paragraph 2. 2 and article 22.
(2) the Transit trains a privileged transport used for the carriage of
people may be with the agreement of the competent authorities of both Contracting Parties
used for personal transportation, the Interstate if embarking or
disembarking passengers, as well as the loading or unloading of baggage and
express services, as well as postal items carried out in some of the border
the station at the border crossing, which is intended as a place of common
checks referred to in the annex to the agreement between the Government of the Czechoslovak
Socialist Republic and the Government of the German Democratic Republic on
joint control on the State borders of 16 June. February 1973.
(3) Transit trains a privileged transport may be used
the workers of railway administrations and members of the border, the passport and
the Customs authorities, for the drive to service and back on the territory of the other
State. Entering and exiting the territory of German
Democratic Republic is only allowed in the border station of Zittau.
Details then the competent authorities of both Contracting Parties.
Article 9
(1) the two Contracting Parties shall ensure that, in transit, and in the
a privileged transport avoid failure.
(2) the railway authorities of the Contracting Parties shall inform each other about all
problems hampering, restrictive or that prevent the transit or
the favoured transport.
(3) Deficiencies in the transit line removes the railway administration, which is
responsible for the operation and maintenance of this track.
(4) in cases of accidents, interruptions in service, etc. on the průvozních lines of the
the railway authorities of the Contracting Parties shall provide each other on request and for
reimbursement of cost of assistance for its own personnel, vehicles and materials in
to such an extent, which allows custom service.
Article 10
(1) the Workers of railway administrations credentials through the establishment, supervision, maintenance,
odrušováním or the restoration of the railway or the media and
security devices on the průvozních lines on the territory of the State
the other party must own a license for the crossing of the State
borders.
(2) members of the border, the passport and customs authorities, workers
railway administrations and staff of the other institutions of the Contracting Parties
participating in the inspection, check-in and to ensure the operational and privileged
transport, can carry out its work with neverthe
identification for crossing State borders.
(3) auxiliary Crew trains and snow ploughs, as well as other persons,
for the purpose of providing emergency assistance in cases of accidents, interruption
traffic, etc. cross the State border with a personal ID card.
(4) to the crossing of the State border may occur in the cases referred to in
paragraphs 1 to 3 to the intersection of the railroad and the State border
referred to in articles 3 and 4.
(5) a person referred to in paragraphs 1 and 3 shall be authorised to import and
export material, means of transport, working equipment and tools, as well as
and articles of personal use to perform the tasks that they have been saved
and food and edibles in reasonable numbers, the length of their stay without
permits and free of duty.
Article 11
(1) Every railway administration shall be entitled to for the implementation of transit transport
will cater the transport trains your průvozních traction units, their
cars and their workers. Train staff in the sense of it must
applicable regulations to know the track and local conditions.
(2) Vehicle průvozních trains must comply with the relevant technical
regulations and must guarantee safe operation. Responsibility it is the responsibility
the railway administration of authorised to carry out transit traffic.
(3) a driver of a vehicle may be equipped with průvozních train radiotelefonními
devices which can be used in another territory, if necessary,
for the connection with local services.
(4) Transit trains between railway administrations shall not transfer or
do not report.
Article 12
(1) passengers and goods including baggage and express services will be in transit and
privileged traffic odbavováni under applicable regulations and tariffs
the railway authorities authorised to carry out transit traffic.
(2) the Tariff income from transit and privileged transport fall
the railway administration of authorised to carry out transit traffic.
Article 13
(1) in the průvozních trains are transported free of charge mailing
of all kinds in the mail, postal sections or in the
railway wagons with an escort or unaccompanied personnel
postal administrations.
(2) postal mailbox průvozních cars in the trains must be on
State of the territory sealed. Workers in postal administrations shall not
State of the territory nor abandon cars, or receive or deliver
any mail; the derogation is to edit in article 8
paragraph. 2.
Article 14
(1) the Contracting Party of the State in whose territory is situated the operational
the track under article 3 provides a railway administration of the other party
authorised to carry out operational transport free of charge, free transit, as well as
I use kolejišť, building construction and auxiliary equipment, including
the needed space.
(2) for the use of průvozních lines in article 4 and for the performances of railway
průvozního management of the territory associated with the privileged transportation will be
Railway Administration authorised to conduct the operational transport pay compensation
based on the number of driven axle kilometres. The amount of this compensation (rate per
axle mile) will be determined based on its own costs of the railway
průvozního management of the territory and separately agreed between railway administrations
of the Contracting Parties.
The railway authorities of the Parties shall agree on the method of detection
driven axle kilometres, as well as the method of deduction and vyrovnávky.
II.
SPECIAL PROVISIONS FOR TRANSIT TRANSPORT
Article 15
(1) the Transit route in accordance with article 3 (b). ) to c) railway
the Administration justified to carry out operational transport operated,
checked, maintained and restored with their own forces and means
According to its provisions and its costs. For track Bad Brambach-Preston
in accordance with article 3 (b). (d)), the provisions of article 17.
(2) the railway authorities of the Contracting Parties will inform each other of
the proposed adjustments on the railway premises or the media and
signalling equipment on průvozních lines, as well as about construction
Edit the lines in the vicinity of průvozních, where the modifications to the
affect the implementation of transit transport.
(3) If the transit line dopravny, závorářská Habitat or
the track call Office, it should be between the railway administrations of both
the Contracting Parties shall agree on the necessary adjustments for the cast, go,
maintenance, cleaning, etc.
(4) the railway management authorised to carry out transit traffic is on the
průvozních lines are allowed to operate in the interests of traffic remote
telephone connection of all kinds of outdoor leadership or earth cables
along the railway.
Article 16
(1) the railway authorities of both Contracting Parties shall be mutually
inform you about timetables of trains scheduled transport to průvozních
lines. Trains must comply with the rule, that will be the operational track
drive through without a stop at the speed specified in the timetable.
(2) If, for reasons of an accident or other unforeseen events be shown
the need for the emergency train stop on the line and other transit ride
is not possible, is performing allowed under the supervision of the competent authorities.
The railway administration shall be entitled to for the implementation of transit transport in the agreement
with the border agent, appointed on the basis of the contract between the
The Czechoslovak Socialist Republic and the German Democratic
Republic on cooperation at the common borders and the mutual
help on border issues of 8 March. September 1976, shall immediately arrange
everything needed for the further transportation of passengers. It is necessary to ensure that
the personnel of the postal administrations ensuring the necessary assistance.
Article 17
For the operation, supervision, maintenance and rehabilitation of the track Vojtanov-Bad Brambach (article
3, subparagraph (a). (d))), the following special provisions
and) traffic management and vozba in transition and connecting service is governed by the
provisions of the agreement between the Government of the Czechoslovak Socialist Republic
and the Government of the German Democratic Republic concerning cooperation in the field of
rail transport of 23 December 2003. June 1972;
(b)) and on the transit between the Vojtanovem line, in accordance with article 3 (b). (d)),
station of Plesná carried Czechoslovak State Railways trains its own
personnel and with their own vehicles and passing through for this purpose in accordance with article
5 the operational track, situated on the territory of the German Democratic
Republic;
Czechoslovak State Railways (c)) it is for the supervision, maintenance and renewal
railway equipment on the transit lines from the border in km
up to Preston station 51.325. The use of the level crossing at km 59.210 must be
guaranteed. The German Imperial railway may, under the Czechoslovak State Railways and on
their expense, to assume the supervision, maintenance and rehabilitation of railway equipment
situated on the territory of the German Democratic Republic between km
55.525 and km 59.459; method of implementation is to be agreed between the
railway administrations of both parties;
(d)) the railway authorities of both Contracting Parties shall separately agree way
and the range of communication and security devices between Vojtanov
and Bad Brambach, as well as a connection with the stations, závorářskými unit,
track-side phone hovornami lying on the border of the track. This
communication equipment may not be connected to the public network. Supervision, maintenance,
Troubleshooting and restoration of designated communication and security
the device belongs to the Czechoslovak State Railways průvozních lines
from the border in to the station 51.325 km Vojtanov. German Imperial
coaster may, under the Czechoslovak State Railways and at their expense, to assume
supervision, maintenance, troubleshooting, and recovery of the media and
security devices, located on the territory of the German
Democratic Republic between km and km 55.525 59.459. Method of implementation is
to be agreed between the railway administrations of both parties.
Article 18
(1) accident investigation to be carried out along the lines of průvozních
Railway Administration authorised to conduct the operational transport and relevant
authorities of the two Contracting Parties.
(2) the Elimination of consequences of accidents or other unforeseen events on the
It is the responsibility of the railway lines of the průvozních management authorised to carry out
transit transport.
(3) the railway administration and other authorities of a Contracting State in which the
the territory is the operational track, to provide, within its capabilities
the railway administration of authorised to carry out transit traffic on its
request and by payment of the costs of their own help and support when you are troubleshooting
the consequences of accidents or other unforeseen events.
III.
SPECIAL PROVISIONS FOR A PRIVILEGED TRANSPORT
Article 19
(1) the railway authorities of the Contracting Parties are obliged to comply with the operational
the track specified in article 4 for a privileged transport, in
working order and carry out supervision, maintain and restore them to the
their own costs.
(2) the railway authorities of the Contracting Parties shall provide each other with phone
guidance needed on průvozních lines for transit transport and will
maintain at its own expense.
Article 20
(1) the timetables for transit trains in a privileged transport assembles
průvozního territory of the railway administration, in agreement with the railway administration
authorized for the implementation of transit transport. A planned stop in
State of the territory is determined only for the cases referred to in article 8 (2). 2 and
3.
(2) a change to the timetable must be new timetables notified to the
the border, eliminating passport and customs authorities at least 15 days in advance. Each
other change schedules, cancellation of trains, train delays longer
thirty minutes and the ride of the special train they must be communicated in a timely manner.
Article 21
(1) For transit trains transit transport apply to the track and signalling
regulations, as well as the instructions of railway administration průvozního of the territory, with the exception of
train signal, that signal regulations Railway Administration
authorised to carry out transit traffic.
(2) creation of trains and delivery vehicles on the transit trains with
be carried out in agreement with the railway administration of the průvozního territory in accordance with the needs and
regulations, the railway authorities authorised to carry out transit traffic.
(3) the railway authorities of the contracting parties must each other in a timely manner, and
free pass for transit transport traffic and signalling
regulations, guidelines and timetables, as well as their changes.
Article 22
(1) where, for reasons of an accident or other unforeseen event is not possible
next ride the train průvozního, the railway administration of the průvozního territory
in agreement with the competent border agent, appointed on the basis of
The Treaty between the Czechoslovak Socialist Republic and the German
Democratic Republic on cooperation at the common borders
and mutual assistance on border issues of 8 March. September 1976, arrange
together with the railway administration of the other party, everything needed for
further transport of passengers and goods.
(2) Passengers, railway workers and postal administrations, as well as
members of the border, the passport and customs authorities must be
injuries provide the necessary assistance, support and medical care. These
people must obey the instructions of the competent authorities of the territory of průvozního.
Article 23
(1) in cases where the transit line has become a vehicle průvozního
train traffic, the railway administration incapable of Contracting Parties
agree on specific arrangements (e.g. the method of repair, replacement
parts or return).
(2) the disposal of vehicles from průvozních in the State of the territory of the trains is permissible
only in the case that the technical damage to the cars or the loading on the
cars-threatening traffic make it impossible for further transport. The Customs authorities of the
průvozního territory on decommissioning must be informed.
(3) If a loaded wagon has to be translated because of corruption or loading lists
defects, must be done under the supervision of the Customs authorities of the territory of the průvozního.
IV.
PROVISIONS ON LIABILITY
Article 24
For damage and accidents that occur on the territory of the State of transportation průvozních
trains, matches against third rail management authorised to conduct
transit transport.
Article 25
If the workers of the railway or postal administration of a Contracting
the parties in the performance of their services on the territory of the other Contracting State
the Parties shall be borne by the damage the damage of a railway or postal administration, which
the workers belong.
Article 26
For the application of mutual claims between the railway administrations of the Contracting
the Parties shall apply the following principles
and) for damage caused by the staff of the railway administration in the performance of
their work corresponds to the railway administration, that these
the workers belong;
(b)) for damages caused by a defective State of the railway buildings, equipment or
driving vehicles corresponding to the railway administration, which it is for the Administration,
maintenance and renovation of these buildings, equipment or vehicles;
(c)) for damage caused to the State territory of the defective condition of the cars průvozních
trains or improper loading corresponds to the railway administration authorized to
the implementation of transit transport;
d) damages caused by force majeure shall stipulate that each other;
(e)) if the damage caused by the staff of the railway administrations of both Contracting
the parties in the performance of their job duties, or if you cannot figure out who
the damage was caused, are responsible for her both in equal parts by the railway authorities.
Article 27
The railway administration of a Contracting Party has the right to recourse against the railway
the administration of the other party, if the rightful decision
sentenced to pay compensation, for which the second railway administration according to
Article 26 fully or partially responsible. The same law penalty arises in the
When the two railway administrations agree that one of them will discuss
claims for compensation still, article 26 of the second railway administration
He is responsible in whole or in part. Settlements, recognition and judgments by default
However, when it comes to penalties, mandatory for the second railway administration only
When this proved to them in advance written consent or when the
to them on the question of the railway administration, which claims for compensation
hearing, did not comment in spite of a reminder in the on-demand, at least
the fifteen-day time limit.
Article 28
The railway authorities of the Contracting Parties shall adjust the relevant arrangements for the
the implementation of this agreement, the procedure for the detection of the causes and extent of the damage.
In the.
FINAL PROVISIONS
Article 29
(1) the competent authorities of the Contracting Parties shall conclude the implementation of this agreement
the corresponding arrangement.
(2) all payments and deductions arising from the implementation of this agreement will be
the payment carried out under agreements in force for each party.
Article 30
(1) this Agreement shall be subject to approval in accordance with national law
regulations of the Contracting Parties and shall enter into force on the date of exchange of notes about this
approval.
(2) shall expire at the same time
1. the arrangements agreed between the Czechoslovak Republic and the German
Democratic Republic on privileged transit railway transport
and from the territory of the Czechoslovak Republic) into the territory of the Czechoslovak Republic
in the area of Liberec-Zittau in the territory through the city: the German Democratic
Republic,
(b)) from the territory of the German Democratic Republic in the territory of the German Democratic
States in the field of Seifhennersdorf-Gross-Schönau over Varnsdorf
the territory of the Czechoslovak Republic
of 30 March 2004. December 1950;
2. the agreement between the Government of the Republic and the Government of the German
Democratic Republic on rail transport to the intermediate routes for
national borders of 25 June. April 1956.
Article 31
(1) this Agreement shall be concluded for five years.
(2) the validity of the agreement shall be extended for a further year, unless
one of the Contracting Parties not later than six months before the expiry of
the validity of the termination in writing.
Drawn up in Prague on 1 May 2004. April 1981 in two copies, each in the
the Czech and German languages, both texts being equally authentic.
For the Government of for the Government of
Czechoslovak Socialist German Democratic
States: States:
Ing. Jump in Ing. Otto Arndt v.r.
(Minister for transport) (Minister for transport)