275/1996 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 19 July. May 1995 was in
Furth im Wald, an agreement between the Czech Republic and the Federal
Republic of Germany on mutual assistance between customs administrations.
With the Treaty, its assent, Parliament of the Czech Republic and the President of the
the Republic has ratified it.
Treaty has entered into force, pursuant to article 17 paragraph 1. -1 day ago
October 11, 1996.
The Czech version of the Treaty shall be designated at the same time.
CONTRACT
between the Czech Republic and the Federal Republic of Germany on mutual assistance
Customs administrations
Czech Republic and the Federal Republic of Germany,
on the basis of the Treaty of 27 May. February 1992 between the Czech and the Slovak
Federative Republic of Brazil and the Federal Republic of Germany on good
neighborhood and friendly cooperation,
guided by the intention to develop and consolidate neighbourly relations and on the way tight
cooperation in customs matters,
in an effort to facilitate and speed up travel and trade contacts across the State
the boundaries of cooperate both customs administrations,
guided by the consideration that breaches of customs legislation are prejudicial to the economic and
financial interests, and
in the belief that compliance with customs legislation and the prevention of violations of
Customs legislation can be more successfully by working together customs administrations
to develop,
have agreed as follows:
Article 1
Range of use
(1) the customs administration of the two parties in the framework of its competence's by
national legislation shall provide each other support under this
the Treaty with a view to:
and) facilitate and accelerate the path of cooperation and contacts through travel commodity
the State border;
(b)) to ensure accurate collection of customs duties, taxes and other import and export
benefits;
(c)) to prevent breaches of customs legislation, to detect and prosecute them.
(2) cooperation in the framework of legal aid, as well as on the basis of other
contractual obligations shall remain unaffected by this agreement.
Article 2
Definition of terms
(1) ' customs legislation ' within the meaning of this agreement means all
laws, regulations and administrative provisions on the import, export and transit of goods, on
the customs duties, taxes and other import and export levies, refunds or
the prohibitions, restrictions and control of commodity trade across national boundaries.
(2) ' customs administrations ' within the meaning of this Treaty in the Czech Republic
means the Ministry of finance-the Directorate-General of customs, and in the Federal
Republic of Germany, the Federal Customs Administration.
(3) ' breach of customs legislation ' within the meaning of this agreement means both
breaches of customs legislation, and the attempts of violations.
(4) "drugs" in the meaning of this Treaty are substances falling under
The single Convention on Narcotic Drugs signed in New York on 30.
March 1961, always in the respective valid version.
(5) "psychotropic substances" are substances within the meaning of this agreement
under the Convention on psychotropic substances, signed in Vienna the day
February 21, 1971, always in the respective valid version.
Article 3
Facilitation of customs formalities
The customs administrations of the Contracting Parties under the provisions of this Agreement shall cooperate
and in the context of national provisions by mutual agreement
the necessary measures with a view to simplification of customs formalities, and thus facilitate and
speed up travel and trade relations between the two parties. Competency
The European Union will remain unaffected.
Article 4
Providing confirmation, exchange of experience
(1) the customs administrations of the Contracting Parties shall provide each other on request
all confirmations, which demonstrates that the goods exported from the sovereign
territory of one of the Contracting Parties have been properly imported into the sovereign territory of the other
the Contracting Parties; in the acknowledgments, if necessary, and shows how the data
of a customs procedure under which the goods were discussed.
(2) the customs administrations of the Contracting Parties shall provide each other on request
information about whether there are documents and documents submitted to the customs
the authorities of the right and correct.
(3) the customs administration of the party
and shall exchange experience about) their activities, as well as about new resources
and methods of committing breaches of customs legislation;
(b)) shall notify each other of significant changes in its customs legislation and
on the use of technical means of their customs administrations and
discuss other issues of mutual interest.
Article 5
Combat podloudnictví traffic in narcotic drugs and psychotropic substances
(1) the customs administrations of the Contracting Parties for intensifying the prevention,
detection and combating of smuggling of and illegal trade in narcotic drugs
and psychotropic substances to each other without request, provide what
quickly as possible, all information about the
and) persons known to be or suspected of being,
dealing with the smuggling of narcotic drugs and psychotropic substances;
(b)), water and land resources, air transport, which are known or
that are suspected of being used for smuggling of narcotic drugs and
psychotropic substances.
(2) the customs administrations of the Contracting Parties to each other even without being asked to provide
all the information about the methods and procedures used in the smuggling
illicit trafficking in narcotic drugs and psychotropic substances, as well as the
achievements and new control methods.
(3) information, communications and the documents obtained in accordance with paragraphs 1 and 2 shall
to be transmitted, if necessary, other law enforcement authorities,
dealing with the combating of drug abuse and illegal trafficking in narcotic drugs
and psychotropic substances.
Article 6
The provision of information
(1) the customs administrations of the Contracting Parties to each other on request-especially
sending messages, memos or certified copies of documents and other
supporting documents-provide all the available information about the
and the circumstances used to) ensure accurate collection of duties, taxes and
other import and export levies and to compliance with customs legislation;
(b)) dokonaných or intended acts in breach of customs legislation or
leading to breaches of customs legislation of the requesting contracting party.
(2) the customs administrations of the Contracting Parties to each other even without being asked to provide what
quickly as possible, all information about the violation of the customs legislation, to
the combat is especially urgent public interest.
Article 7
The delivery or notification of documents
(1) at the request of the customs administration of a party shall deliver or notify the
the customs administration of the other party in compliance with the applicable laws
the laws of the recipient all decisions and other documents of the requesting
the Customs authorities concerning the application of customs legislation.
(2) when you request a delivery receipt or notification of the decision or other
of documents is not contrary to article 9 need to portray the facts.
(3) delivery or notification of the decision or other documents with the
confirm receipt of acceptance by the beneficiary with an indication of the date of delivery or
notification or confirmation of the requested authority of the form and the date of delivery or
the notification.
Article 8
The investigation of
(1) at the request of the customs administration of a party conducts a customs administration
the other Contracting Party, review of detection or investigation under
the procedures referred to in article 1 (b). (b)), and (c)).
(2) the result of the examination, the detection and investigation is communicated
the requesting Customs Administration referred to in article 6 (1). 1.
Article 9
Form and content of request
(1) the request must be made in writing, and the possible need to
accompanied by a translation into the official language of the requested Party. Documents
necessary for its implementation, including any significant regulation or
the decision of the competent authority, that are the basis for the request, you must
join in the original or a certified copy thereof.
(2) a letter of request or the documents referred to in paragraph 1, that it is necessary to connect,
contain the following information:
and the Office of instituting the proceedings), which is the subject of the request;
(b)) the kind of control;
(c) the subject-matter and the reason for the request);
(d)) names, personal details and addresses of the persons involved in the proceedings;
e) a concise summary of the facts and its legal assessment.
Article 10
The conduct of the authorities and jurisdiction
(1) to the aid which is the subject of this Agreement occurs, immediately
between customs administrations of the Contracting Parties.
(2) if the requested customs authority competent for the assistance requested,
request to the competent authority shall proceed with the consent of the requesting customs
Administration.
Article 11
Handling request
(1) in the implementation of the support measures and the handling of the request, the
use the laws of the requested Contracting Party. While one of the
ways of providing information is the forwarding of the copies of documents and other
supporting documents. During the examination and investigation progresses the requested customs
Administration-without coercive measures such as foreclosures and tours-so
as would fulfil own tasks.
(2) if the request cannot be complied with, the applicant authority must be about it
the reasons for and otherwise known circumstances, that would be to continue the
the case could have a meaning.
Article 12
The use of the information provided
The customs administrations of the Contracting Parties may use the information and the documents
obtained under this agreement as a means of evidence solely in the internal
control of the Customs authorities, as well as in the judicial proceedings including proceedings
led by the public prosecutor or under his supervision. Audit evidence
the value of such information and documents as well as their usage before
the Court shall be governed by national law.
Article 13
Data protection
If you are on the basis of this agreement, in accordance with national laws
the legislation passed on personal information, the following provisions shall apply:
1. Use of data by the recipient is permissible only for the stated purpose and under the
conditions provided for transmitting the customs administration.
2. the beneficiary shall inform the relying on request of the Customs Administration on the use of
communicated data and of the results obtained.
3. personal data may only be transmitted exclusively to the competent customs authorities,
as well as law enforcement authorities. Further transfers of other places
may take place only with the prior consent of the transmitting of the customs administration.
4. Transmitting the Customs Administration is required to ensure the accuracy of the data, which
to be passed, as well as to their necessity and proportionality in relation to the
purpose the transfer. It is necessary to respect the bans for
the transmission of data set out by the relevant national legislation.
If it is found that incorrect data have been transmitted or data that were not allowed
to be passed, it must be the recipient immediately. He is obliged to
carry out their repair or destroy data.
5. The person concerned is required to provide on request, information on data to it
existing, as well as information about the intended purpose of their use.
The obligation to provide is not given, if it is at the discretion of show
that the public interest in withholding such information prevails over
interest of the person concerned on its communication. Otherwise, is governed by the law of the concerned
person to provide information about the information to her existing
the national legislation of the Contracting Party from which the
information required.
6. Transmitting the Customs Administration notifies when transmitting the data to the time limits
provided for by its legislation for the deletion of these data. Independently of the
These time limits are to be passed to destroy personal information, once it has passed
the reason for their needs.
7. If a person as a result of the transmission of data within the framework of exchanges under this
the contract damaged by the infringement, liability for damages shall be borne by
the receiving Contracting Party according to their national legal
regulations. In relation to the injured party cannot plead that a shame
was caused by the relying party.
8. the customs administrations of the Contracting Parties are obliged to take transmission and receipt of
personal data in the register and passed personal information effectively protect against
unauthorized access to them, their unauthorized changes and
unauthorized provision.
Article 14
Exemptions from the obligation to provide assistance
(1) if the requested customs authority considers that execution of the request would
could be prejudicial to the sovereignty, security, public order or
other essential interests of the State, the assistance may be fully or partially
deny or be bound to compliance with certain conditions.
(2) If a filed request for help, that would be the applicant customs administration in
otherwise it could not provide, is to be in the request
alert. The requested customs authority may consider whether such a request
will meet.
Article 15
The cost of
The customs administrations of the Contracting Parties shall not charge each other's costs with the exception of
the costs of witnesses and experts, as well as the translators and interpreters who
they are not employees of the State administration.
Article 16
Implementation of the contract
The customs administrations of the Contracting Parties shall conclude and issue detailed rules for the
This agreement. They also will be established by mutual agreement, of which
the information referred to in article 6 (1). 2 is especially urgent public interest.
Article 17
Acquisition and period of validity, the termination
(1) this Treaty shall enter into force one month after the date on which the
the Governments of the Contracting Parties shall notify each other that all the necessary national
the prerequisites for entry into force have been met.
(2) this agreement is concluded for an indefinite period. The contract may be
denounced by each Contracting Party in writing within a period of 12 months.
Given in Furth im Wald on 19 December. May 1995 in two of the original
copies, each in the Czech and German languages, both texts having
the same force.
For the Czech Republic:
Ing. Ivan Kočárník, CSc. v. r.
For the Federal Republic of Germany:
Dr. Theo Waigel in r.
Dr. Hartmut Hillgenberg in r.
