521/1992 Sb.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 27 October. February 1992

the contract was signed in Prague between the Czech and Slovak Federal

Republic and the Federal Republic of Germany on good neighbourhood and

friendly cooperation.



With the Treaty expressed their consent of the Federal Assembly of the Czech and Slovak

Federative Republic and the President of the Government of the Czech and Slovak Federal

Republic on behalf of the President of the Czech and Slovak Federal

Republic has ratified it. The instruments of ratification were exchanged in Bonn the day

September 14, 1992.



Treaty has entered into force, pursuant to article 35, paragraph. 2 day

September 14, 1992.



Czech text of the Treaty and the letters přináležejících to it shall be published at the same time.



CONTRACT



between the Czech and Slovak Federal Republic and the Federal Republic of

Germany on good neighbourhood and friendly cooperation



The Czech and Slovak Federal Republic and the Federal Republic of Germany



determined to build on centuries-old traditions of common history and fruitful on the

the results of the existing cooperation, as well as build their mutual relations in the

the spirit of good neighbourhood and friendly cooperation on the basis of focusing on

the future,



conscious of the numerous victims, which the reign of violence, war and

the expulsion, and heavy suffering that was caused by the many innocent people,



in the fixed will put an end once and for all with the use of force, lawlessness and

injustice injustice and wages a new collective effort to overcome

the consequences of the miserable chapters of common history in this century,



convinced that the fulfillment of the desires of their peoples after understanding and reconciliation

significantly contributes to the consolidation of peace in Europe,



deeply convinced of the need to definitively overcome the Division of Europe and

to create a fair and lasting European peace arrangement, including

cooperative security structures,



aware of the common responsibility, as neighbors in Central Europe, for the

the construction of this new Europe, United by common heritage and common

values,



recognising the fact that since 1918 the Czechoslovak State never

ceased to exist,



Reaffirming the Treaty of 11 July. December 1973 on mutual relations between the

The Czechoslovak Socialist Republic and the Federal Republic of

Germany also regard nulity Munich agreement of 29. September 1938



Bearing in mind the significant benefits that mean the democratic transformation

in the Czech and Slovak Federal Republic and the completion of the unification of Germany

for a United democratic Europe,



Recognizing the Treaty of 12 June. September 1990 on the final arrangement in relation

to Germany,



aware of the importance of the membership of the Federal Republic of Germany in the

The European Community and the enhancement of cooperation between the European

the communities and the Czech and Slovak Federative Republic of Brazil for their

future relations, and appreciating the membership of both States in the Council of Europe,



Bearing in mind the contribution of their Nations to a common cultural

the heritage of Europe and the deep mutual enrichment of their cultures, as well as

the importance of cultural exchanges for mutual understanding,



convinced that the young generation will fall a special role in the new creation

relations and cooperation between their peoples,



have agreed as follows:



Article 1



(1) the Contracting Parties will shape their relations in a spirit of good neighbourhood

and friendship. To strive for a comprehensive peace and a partner

cooperation in all areas. They will further expand and deepen

the dialogue in an atmosphere of mutual trust.



(2) to seek the creation of such a Europe, in which they will be respected

human rights and fundamental freedoms, as well as the principles of democracy and the rule of

the State in which the border dividing line loses the nature on the basis of mutual

understanding and eliminating economic and social disparities.



Article 2



The Contracting Parties shall in the shaping of their relations and peace,

Security and cooperation in Europe and the world will follow, in particular, the following

the principles:



The ultimate goal of the policy is to maintain and consolidate peace, as well as

effectively prevent armed conflicts and all types of wars.



The focus of their policy is the man, his dignity and rights, a concern for

the survival of humanity and the preservation of the environment.



Acting in accordance with international law, in particular, with the Charter of the Organization

the United Nations and its international commitments conscientiously and in

good faith. Governed by the Helsinki Final Act of 1 August. August 1975 and

later documents adopted by the Conference on security and cooperation in

Europe, in particular the Charter of Paris for a new Europe of 21 November. November

1990.



Mutually respect their sovereign equality, territorial integrity,

the integrity of its borders, its political independence, as well as

the principle of non-interference in the internal affairs and the principle of the prohibition of threats

or use of force.



Confirm the right of all Nations to determine their destiny freely and without external

interference and organize their political, economic, social and cultural

development according to their own wishes.



Article 3



(1) the Contracting Parties confirm the existing border between them.

Confirm that they have no territorial claims against each other and not be such

the claims raise in the future.



(2) they undertake to respect the sovereignty of the unlimited and territorial integrity

the other Contracting Party.



(3) have concluded a contract on the findings during the clarify, assessment, designation of

and the maintenance of the common border on the basis of the common

Cartographic documentation, as well as on the establishment of a permanent joint border

of the Commission.



Article 4



(1) the Contracting Parties confirm that they refrain from the threat or use of

of force against the territorial integrity or political independence

the other Contracting Parties or in any other manner incompatible with the

the objectives and principles of the Charter of the United Nations or the Helsinki

The final act.



(2) all their disputes will be resolved exclusively by peaceful means, and never

apply the weapons with the exception of individual or collective self-defence.

Never and under no circumstances shall not be used against each other armed forces as

the first.



Article 5



(1) the Contracting Parties shall promote the process of security and cooperation in

Europe, on the basis of the Helsinki Final Act and the following

documents of the Conference on security and cooperation in Europe, in particular

The Paris Charter for a new Europe, and will be for the interaction of all

Member States to further strengthen and develop, particularly the use of appropriate

expansion of the newly created institution.



(2) the aim of these efforts is the consolidation of peace, stability and security, and

the unification of Europe in a single area of human rights, democracy and the

the rule of law.



Article 6



The Contracting Parties shall facilitate the all-round strengthening of the safety and

the creation of pan-European cooperative security structures. For

this purpose will be to support the establishment and operation of permanent institutions and

authorities. They will, in particular, cooperate in the exploitation of new possibilities for

joint efforts in the field of security.



Article 7



In the event that a situation which in the opinion of one of the Contracting

the parties represents a threat to or breach of the peace or may cause

dangerous international complications, both parties will be

cooperate in the framework of the CSCE, as well as the United Nations. Weigh together immediately

connection and will seek to coordinate their positions and to achieve consensus on a

appropriate measures to improve or control the situation.



Article 8



The Contracting Parties shall strive to be on the way of binding and

controllable agreements effectively reduced stocks of armed forces and armaments

on the lowest level sufficient for Defense, but non-

the attack. They will also jointly promote multilateral and bilateral

the expansion of measures to strengthen confidence and stability, as well as other

policy measures of arms control, which strengthen the stability and

confidence and will lead to greater openness.



Article 9



The Contracting Parties agree that the process of economic transformation

launched in the Czech and Slovak Federal Republic is to be supported by the

international cooperation. The Federal Republic of Germany is ready

Act as bilaterally and multilaterally in favour of aid

economic development in the Czech and Slovak Federal Republic in the framework of the

fully developed a social market economy. It should also be

created the conditions for a substantial reduction of the differences in the economic and

social development in Europe.



Article 10



(1) the conclusion of the association agreement between the Czech and Slovak Federal

Republic and the European communities creates a European

communities, its Member States and the Czech and Slovak Federal

Republic of the basis for the political and economic involvement of the Czech and

Slovak Federal Republic to the European communities.



(2) the Federal Republic of Germany will support the efforts of the Czech and Slovak

The Federal Republic on the creation of conditions for its full integration into the

Of the European communities.



Article 11



(1) the Contracting Parties shall hold regular consultations on various

levels with the aim of securing the further development and deepening of their

bilateral relations and coordination of opinions on international issues.
(2) the consultation at the level of Heads of Government, will be held as often as

It will be necessary, at least once a year.



(3) the Ministers for Foreign Affairs will monitor the overall implementation of this

Of the Treaty. At least once a year to meet for consultations. The head of the

the staff of both ministries of Foreign Affairs, responsible for

the political, economic and Cultural Affairs, will be regularly

meet for consultations at least once a year.



(4) other Ministers, including the Ministers of Defense, will be regularly

carry out consultation. The same is true of line managers of their

ministries.



(5) the already existing Joint Commission will be, as far as their activities

intensify. The new Joint Commission will be created according to the needs of the

by mutual agreement.



Article 12



The Contracting Parties shall encourage contacts and exchange of experience between the

parliaments for the purpose of the development of bilateral relations and strengthening cooperation

in Europe.



Article 13



(1) the Contracting Parties shall encourage and facilitate cooperation between the Czech

Republic and the Slovak Republic on the one hand, and the countries of the Federal

Republic of Germany, on the other, as well as bilateral and multilateral

cooperation between the regions and other local services, in particular in the border areas.



(2) for this purpose, the Joint Commission will be created, which will be attended by

in particular, representatives of regional and municipal councils in

close the borders, as well as non-governmental organizations.



(3) the details of this cooperation, in particular the composition and setting tasks

The Mixed Commission, a specific agreement will be adjusted based on the

the international experience, in particular from the practice of the Council of Europe.



(4) the Contracting Parties shall facilitate partner collaboration and direct

contacts between the cities and the villages.



Article 14



The Contracting Parties will intensify their cooperation in the framework of the international

organisations, especially in Europe. They will help each other in the development of

cooperation with international organisations, in particular the European and

institutions, which is a member of one of the Contracting Parties, if it

the interest of the other Contracting Party.



Article 15



(1) the Contracting Parties shall continue to develop in all areas of mutual

Economic and financial cooperation. In the framework of their legislation and their

the commitments on the basis of international agreements, including the obligations of the Federal

Republic of Germany, stemming from its membership in the European

community, natural and legal persons to create

the most favourable framework conditions, in particular in the financial, legal and

the business area for business and economic activity.



(2) the Contracting Parties, taking into account their mutual interests and to

cooperation with other States, confirms its willingness to cooperate in the framework of the

multilateral financial institutions, in particular the International Monetary

the Fund, the World Bank and the European Bank for reconstruction and development.



(3) the Contracting Parties shall assist in particular developing cooperation to support

and mutual protection of investments, as well as industrial co-operation in the

full use of all the applicable resources. Special attention will be

given to cooperation between the smaller and medium-sized companies and businesses.



(4) in addition, to promote and expand cooperation in substantially

preparation for the profession and further education of professionals and managers

farm workers.



Article 16



(1) the Contracting Parties shall, on the basis of the concluded arrangement to expand

cooperation in exploiting the potential of modern science and technology for good

people and for peace.



(2) will support the initiative of scientists and research facilities aimed to

These objectives.



(3) facilitating access to the archives, libraries, research institutes and

similar devices.



Article 17



(1) the Contracting Parties agree that the defense before the preventive

the dangers that threaten the environment, and the sustainable conservation of the

the natural foundations of life are prerequisites for the successful

Economic and social development. Confirmed their commitment to continue

in the cooperation in the field of environmental protection on the basis of the

the existing arrangements and also further extend the contract.



(2) special attention will be paid to the protection of the environment in the

border areas, as well as the protection of the environment in excess of the

the boundaries.



(3) Furthermore, it will encourage the development of coordinated strategies

international and regional environmental protection, which aims to

the goal of a lasting and environmentally acceptable development throughout Europe.



(4) they will provide each other with assistance in disasters and heavy

accidents.



Article 18



(1) the Contracting Parties shall endeavour to extend mutual transport

the concentration in air, rail, sea, River and road, as well as

pipeline transport, using the latest technologies.



(2) in accordance with the principles of good neighborhood to work on

common borders on the establishment and construction of what the greatest number of

border crossings for rail and road transport and the pedestrian.

Doing so will also have regard to the protection of the environment and

local transport planning.



(3) will seek to improve and accelerate customs and passport

handling, as well as the further development of the cooperation of customs and passport

authorities.



(4) Adopt appropriate measures for the purpose of promoting and facilitating travel

and tourism.



(5) to work also on the extension, improvement and harmonisation of the

communication links between the two countries with regard to international,

in particular, the European development in the area of standards and technologies. This is true

in particular for telephone and telex links, as well as for the connection for

electronic transmission of data.



Article 19



The Contracting Parties agree that, in the unifying Europe is

spatial planning policy coordination, in particular between the immediately

neighbouring States, required. They will therefore cooperate on all levels

in the preparation of regional land use plans and forecasts, in particular on issues

which by their nature extend beyond national boundaries.



Article 20



(1) the Contracting Parties shall carry out at least the political commitments enshrined in the

the CSCE documents, particularly in document of the Copenhagen meeting on the human dimension

The CSCE from 29 June. June 1990 as legal obligations.



(2) therefore, the members of the German minority in the Czech and Slovak Federal

Republic, it means the person having the Czechoslovak citizenship,

that have a German origin or reports to the German language, culture or

tradition, in particular the right-either individually or in community with others

members of their group-on freedom of expression, the preservation and development of their

ethnic, cultural, linguistic and religious identities without any

attempts at assimilation against their will. They have the right to exercise their human

rights and fundamental freedoms fully and effectively, without any discrimination and in

full equality before the law.



(3) belonging to the German minority in the Czech and Slovak Federal

The Republic is a matter of personal choice of each person, with

You may not bring him any handicaps.



(4) Every member of the German minority in the Czech and Slovak Federal

The Republic is in accordance with the above provisions shall be

as each State citizen, it is governed by the obligations arising from the

the laws of this State.



(5) the Czech and Slovak Federal Republic allows easier and within the

their applicable laws of the Federal Republic of Germany supporting measures

in favour of the German minority or its organizations.



Article 21



(1) persons of Czech or Slovak origin in the Federal Republic of Germany

they have the right-either individually or in community with other members of their group

-to maintain and freely develop their ethnic, cultural, linguistic and

religious peculiarity. They have the right to exercise their human rights and

fundamental freedoms fully and effectively, without any discrimination and in full

equality before the law.



(2) the exploitation rights referred to in paragraph 1 is a matter of personal

each person's decision, which it may not bring any

handicap.



(3) the Federal Republic of Germany allows and facilitates in the framework of their

the applicable laws of the Czech and Slovak Federative Republic supporting the

measures in favour of the persons referred to in paragraph 1, or of their

organizations.



Article 22



(1) the Contracting Parties shall, in particular, on the basis of the existing between them

agreements and programs, intensify and expand cultural exchanges in all

areas and at all levels and thus contribute to the European

cultural identity.



(2) the existing Joint Commission will meet at least once in the future

a year to review the status of cultural exchanges in all areas and

agreed on other plans.



(3) the Contracting Parties shall promote cooperation between cultural

institutions and organisations and art associations, as well as direct contacts between

the artists of the two countries.



Article 23



The Contracting Parties will make full use of the agreement on the mutual establishment of and

the activities of cultural and information centres for the versatile activities

These institutions.



Article 24



(1) the Contracting Parties shall cooperate in maintaining the European

cultural heritage and taking care of him. Special attention will be paid to the

the care of monuments.



(2) in a spirit of understanding and reconciliation will carry out joint
initiatives in this area.



(3) Will take care, in particular, about places and cultural monuments, located on the

their territory, reminiscent of the historical events, cultural and scientific works and the

the tradition of the other party and allow them free and unimpeded access.

Those places and cultural monuments are protected by law.



Article 25



(1) the Contracting Parties affirm their willingness to allow all persons to

It shows interest, wide access to the language and culture of the other country and will be

promote the relevant public and private institutions and initiatives.



(2) shall make every effort to extend the teaching of the language of the other country on

schools and other educational institutions. They will also support the

incentives for the establishment of schools in which the teaching is carried out in both languages.

They will also support the initiatives for the establishment of schools in which the teaching

conducted in both languages. Will seek to ensure that their high

schools expand opportunities of studying the culture, literature and languages of the other

the country, Czech and German slovakistiky respectively.



(3) cooperate in the broadcast of university lecturers, preparation

and the further training of teachers, as well as in the preparation and provision of

teaching materials, including the use of television, radio,

audiovisual and computer technology.



Article 26



(1) the Contracting Parties shall intensify the cooperation in the field of education.

Expand the broadcast of teachers, as well as the exchange of students and teachers and

support the establishment of partnerships between schools.



(2) to seek a substantial expansion of scientific cooperation on all

levels and between the competent institutions of both parties. They will assist the

direct cooperation between the universities and the scientific research

devices and continue to expand it, both in the form of exchanges of students and

Scientific and teaching staff, as well as in the form of joint actions.



(3) the Contracting Parties attach great importance to cooperation in vocational

education and it therefore significantly extend and deepen.



Article 27



The Contracting Parties shall encourage all activities which contribute to the

a common understanding of the Czechoslovakia-German history, particularly the

of the century. This also includes the work of the Joint Commission of historians and

independent Czechoslovakia-German Conference on school textbooks.



Article 28



(1) the Contracting Parties shall promote all-round relations between their citizens,

in particular, their personal meeting, which considered a prerequisite

for mutual learning and deepening understanding between their peoples.



(2) to promote close cooperation between political parties,

trade unions, churches, religious communities, foundations, sports

organizations, social institutions, women's organizations, organizations

for the protection of the environment and other social organisations and

unions.



Article 29



The parties are convinced that the mutual understanding and

the active participation of the younger generation largely depends the future arrangement of the

reciprocal relations. For this reason, will strive for the all-round and

close contacts with the Czech and Slovak Youth German youth. Will therefore be

to promote and facilitate the gathering, Exchange and cooperation of youth.



Article 30



(1) the Contracting Parties declare that the Czechoslovak and German graves,

located on their territory, in the same way and will be uctívány

protected; care for them will be possible.



(2) the graves of Czechoslovak, respectively the German victims of war and reign

violence, located on their territory, shall enjoy the legal protection and are

being retained; their registration and care for them will be possible.



(3) the Contracting Parties shall encourage cooperation between the organisations,

responsible for the care of these graves.



Article 31



(1) the Contracting Parties shall, in accordance with its laws and regulations and with the

taking into account the relevant multilateral treaties to further develop

cooperation in the provision of legal assistance in civil and

criminal, as well as administrative. For the benefit of its citizens, it will be

simplify and intensify.



(2) to cooperate in the fight against crime, in particular organized

crime, international terrorism, illegal entry or transit

persons and illicit trafficking in narcotics and artwork.



Article 32



(1) the Contracting Parties shall extend and deepen cooperation in the field of

social security, employment and social policy.



(2) to seek the widest possible cooperation in the field of

health care. Special attention will be paid to defend against infectious

diseases and other diseases.



Article 33



This agreement is not directed against anyone. Shall not affect the rights and obligations of

arising from the applicable bilateral and multilateral agreements

concluded with other States parties.



Article 34



When differences of opinion on the interpretation and implementation of this Contract will be

The Contracting Parties shall, without prejudice to the provisions of article 11, apply the procedure

as described in the report of the CSCE meeting of experts in La Valletta on peaceful solution

settlement of 8 January. February 1991.



Article 35



(1) this Treaty is subject to ratification, the instruments of ratification shall be exchanged

as soon as possible in Bonn.



(2) this Agreement shall enter into force on the date of exchange of instruments of ratification.



(3) this agreement is valid for ten years. Then her force of will

extended by another five years, if one of the Contracting Parties

A contract in writing notice of one year before the expiry of the relevant time

the validity of.



On the evidence of the agent of both parties, have signed this Treaty and

obtain it seals.



Done in Prague on 27. February 1992 in two original copies, each in the

Czech and German languages, both texts being equally authentic.



Václav Havel, v.r.



Jiří Dienstbier v.r.



For the Czech and Slovak Federal Republic



Helmut Kohl v.r.



Hans-Dietrich Genscher v.r.



For the Federal Republic of Germany



In Prague on 27. February 1992



Dear Sir,



in connection with today's signing of the agreement between the Czech and Slovak

Federative Republic of Brazil and the Federal Republic of Germany on good

neighborhood and friendly cooperation I would like to recall that during the

the negotiations have been made the following statement:



1) the Government of the Czech and Slovak Federal Republic declares that

the perspective of full integration of the Czech and Slovak Federal Republic to the

Of the European communities, referred to in article 10, it will be increasingly

to create the possibility for citizens of the Federal Republic of Germany also could

settle in the Czech and Slovak Federative Republic.



2) identically by both parties declare: this contract does not cover proprietary

issues.



Allow me, Sir, to assure you of my highest respect.



Jiří Dienstbier v.r.



the Deputy Prime Minister of CZECHOSLOVAKIA



and the Minister of Foreign Affairs



His Excellency



Hans-Dietrich Genscher



the Federal Foreign Minister and Vice Chancellor



Bonn



In Prague on 27. February 1992



Dear Sir,



in the context of today's signing of the Treaty between the Federal Republic of

Germany and the Czech and Slovak Federal Republic on good

neighborhood and friendly cooperation I would like to recall that during the

the negotiations have been made the following statement:



1) the Government of the Czech and Slovak Federal Republic declares that

the perspective of full integration of the Czech and Slovak Federal Republic to the

Of the European communities, referred to in article 10, it will be increasingly

to create the possibility for citizens of the Federal Republic of Germany also could

settle in the Czech and Slovak Federative Republic.



2) both parties declare: this contract does not cover proprietary

issues.



Allow me, Sir, to assure you of my highest respect.



Hans-Dietrich Genscher v.r.



the Federal Foreign Minister



His Excellency



Jiří Dienstbier



Deputy Prime Minister and Minister of Foreign Affairs of CZECHOSLOVAKIA



Prague