1/1973 Sb.
DECREE
Minister of Foreign Affairs
of 24 July 2003. November 1972
on the agreement between the Government of the Czechoslovak Socialist Republic and the Government
German Democratic Republic in the area of inland waterway transport and the
Agreement between the Government of the Czechoslovak Socialist Republic and the Government
German Democratic Republic in the field of railway transport
On 23 December 2005. June 1972 in Berlin was the agreement signed between the Government of
The Czechoslovak Socialist Republic and the Government of the German Democratic
States in the area of inland waterway transport and the agreement between the Government of
The Czechoslovak Socialist Republic and the Government of the German Democratic
States in the field of railway transport.
According to article 10 of the agreement between the Government of the Czechoslovak entered
Socialist Republic and the Government of the German Democratic Republic in
the area of inland waterway transport in force on 10. October 1972 and
This day entered into force also on the basis of article 33
Agreement between the Government of the Czechoslovak Socialist Republic and the Government
German Democratic Republic in the area of rail transport.
Czech texts of the two agreements shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
The AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German
Democratic Republic on cooperation in the field of inland waterway
transport
The Government of the Czechoslovak Socialist Republic and the Government of the German
Democratic Republic, desiring to consolidate and to extend cooperation in the
the area of inland waterway transport in accordance with the principles of the Treaty between the
The Czechoslovak Socialist Republic and the German Democratic
Republic on cooperation in the field of transport and the immigration, customs and other
the control of crossing national borders, signed in Prague 21. December
1970, have agreed to conclude this agreement.
To this end, have designated as their agents:
the Government of the Czechoslovak Socialist Republic
Dr. Ing. Štefan Šutku
the Minister of transport,
the Government of the German Democratic Republic
Ing. Otto Arndta
the Minister of transport,
who, having exchanged full powers, found in good and due form,
have agreed as follows:
Article 1
(1) each Contracting Party shall allow vessels of the second State
-mutual water transport between the two countries and the transit transport by vessels
one party over the sovereign territory of the other Contracting Parties to the
of a third country and vice versa after the total length of each water
paths, as well as the translation of the goods;
-mutual personal shipping and sports shipping between the two countries after
the total length of its waterways, with the exception of sections of waterways
referred to in the annex.
(2) each Contracting Party shall facilitate the technical fleet vessels, as well as
construction of the vessels of the other State, the transportation between the two countries, as well as
transit traffic through the other party's territories in the third
State, and vice versa, after a total length of each waterway.
Article 2
(1) to secure the planned shipments of goods between the two countries will be
the Contracting Parties shall ensure the greatest possible participation of inland waterway transport.
(2) the terms of cooperation and reciprocal provision of transport performances in
inland waterway transport, as well as translation and storage of goods in
ports shall be established in the long term and the yearly transport protocols,
as well as in enterprise agreements.
(3) cooperation in the use of the vessels of the two countries will be guided by the desire to
maximum benefit from the transport area and achieve the highest
efficiency in transport. In the interest of development and the improvement of sailing
the conditions will be the competent authorities of both States to work closely and timely
to exchange the necessary information.
(4) the operation of passenger shipping between the two countries is carried out on the basis of the
timetables that will be reconciled between the competent authorities of the two
States.
(5) sports between the two countries can take part in all
vessels which are intended exclusively for sport or recreational purposes
and are powered by engines or auxiliary engines, sail or human
force; excluded from this are floating devices, intended primarily to
occupancy or temporary residence.
(6) Vessel, which left the border of one country to bear on water
the move of the second State of its national flag.
Article 3
(1) of the vessel, persons and goods of one State, located on the respective
the territory of the other State is subject to its legislation, especially the transport
and safety, as well as rules on public order, border,
Customs, foreign exchange, health, veterinary and fytokaranténním.
(2) the ship's papers, the ship's certificates and certificates of persons
issued by the competent authorities of one State, as well as regulations on the number and
the composition of the crews of the vessels are to be recognised by the competent authorities of the other
State.
(3) the competent authorities of both States shall inform in a timely manner on the issue of new and
cancellation or change of the existing legislation related to
inland waterway transport.
(4) the competent authorities of both States shall inform each other about the events and
the findings in its respective territory, on which had the participation of vessels and to
they associated persons of the other party and to the importance of
maintaining order and security and require the implementation of educational
or other measures.
Article 4
(1) the competent authorities of both States and undertakings to provide accident and
accidents, which involved persons and vessels of the other State,
necessary assistance including help needed in the shipyards and workshops.
(2) in cases of accidents and accidents of vessels on waterways and in ports
both States are valid for investigation, as well as for the elaboration of the Protocol
legislation of the State in whose territory the accident or a disaster has occurred.
The competent authorities of the Contracting Parties shall transmit to each other the protocols about the accident
or emergency protocols affecting the interests of the other party.
Article 5
(1) inland navigation Enterprises of both States shall conclude arrangements on
business-technical, economic and social issues, concerning the conditions of
for the carriage of goods on passenger transport, towing and push service, as well as the
the mutual granting of assistance.
(2) the operating and commercial interests of the enterprise of one State of inland navigation
they can be represented on the territory of the second Member State the undertaking
inland navigation.
(3) the Contracting Parties shall grant each other the right to establish representation
inland waterway transport on the territory of the other State. For the implementation of
commercial activities on the territory of the other State is subject to authorisation
the competent authorities of that other party.
Article 6
(1) Vessels of one State may land on the territory of the second Member State
and) in ports and docks, where loading and unloading is carried out
of the goods;
(b)) at ports and landing locations where passengers are picked up or
they engage people from passenger ships;
(c)) for the purpose of rest, and stay at a boat at all locations, on
where there is no prohibition under national law.
(2) in special cases, such as an accident or serious illness
people also are allowed to land in other places.
Article 7
The ship's crew and their families, as well as crew members
Sport ships transit the State border on the papers, which, in accordance
with the national law of the contracting party to
crossing the border.
Article 8
All payments and settlement resulting from the implementation of this agreement will be
carried out in accordance with the provisions of pay agreements, applicable to both
the Contracting Parties.
Article 9
(1) the part of this agreement is the annex referred to in article 1, paragraph 1.
(2) amendments to the annex shall be carried out the arrangement of the central State authorities
both States responsible for inland waterway transport.
Article 10
(1) this Agreement shall be subject to approval in accordance with national law
the laws of both Contracting Parties and shall enter into force on the exchange of notes of
This approval.
(2) at the same time shall cease to have effect:
-Agreement between the Government of the Czechoslovak Republic and the Government of the German
Democratic Republic on the mutual use of inland water
paths, as well as the marine bays and coves for navigation, negotiated in Berlin
on 15 December. October 1954, and the final Protocol to this agreement;
-Section III. Agreement between the Government of the Czechoslovak Socialist Republic
and the Government of the German Democratic Republic concerning cooperation in the field of transport,
signed in Prague on 26 April. March 1965;
-Agreement between the Ministry of transport of the Czechoslovak Socialist
the Republic and the Ministry of transport of the German Democratic Republic on
transport of recreational boats across the border, signed in Prague on 26 April.
March 1965.
Article 11
(1) this agreement is concluded for a period of five years.
(2) Notice in writing of it none of the parties not later than six
months before the expiry of that period, its validity shall be extended each time for
the next year.
Drawn up in Berlin on 23 June. June 29, 1972 in two copies, each in the
Czech and German, both texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
Dr. Ing. Štefan Šutka v.r.
For the Government of the German Democratic Republic:
Ing. Otto Arndt v.r.
XIII.
Passenger transport and sports sailing is not on the territory of
The Czechoslovak Socialist Republic and on the territory of the German
Democratic Republic enabled on those waterways, where appropriate,
sections of waterways:
In the Czechoslovak Socialist Republic:
-border area at the dam of rock garden on the river Ohře River at the border with the FEDERAL REPUBLIC
-border area at the Lipno dam on the Vltava River at the border with
The Republic of Austria
-border stretch of the Danube River and the border with the Republic of Austria.
In the German Democratic Republic:
-border waters of the Oder, Oder and Lusatian Neisse River West
-border stretch of the Elbe with the German Federal Republic
-the perimeter of the water at West Berlin
-coastal waters, except in the inland maritime waters within the area of the port
bandwidth of the German Democratic Republic on the Baltic coast.
The AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the German
Democratic Republic on cooperation in the field of railway transport
The Government of the Czechoslovak Socialist Republic and the Government of the German
Democratic Republic, desiring to consolidate and to extend cooperation in the
the area of railway transport across the State border, in accordance with the Treaty,
between the Czechoslovak Socialist Republic and the German Democratic
Republic on cooperation in the field of transport and in the immigration, customs and other
the control of crossing national borders, signed in Prague on 21.
December 1970 (hereinafter referred to as the "agreement"), have decided to conclude this agreement.
To this end, have designated as their agents:
the Government of the Czechoslovak Socialist Republic
Dr. Ing. Štefan Šutku
the Minister of transport,
the Government of the German Democratic Republic
Ing. Otto Arndta
the Minister of transport
,
who after replacing the full powers, found in good and due form,
have agreed as follows:
SECTION I
General provisions
Article 1
This agreement regulates the transport of passengers by rail, travel
luggage express services and goods across the State border between the Czechoslovak
Socialist Republic and the German Democratic Republic.
Article 2
The terms used in the agreement have the following meaning:
1. "border station" is a railway station designed for the immediate
intercourse with railways of the other party;
2. "Exchange station" is a station designed for the implementation of the transition and
the connection of the service;
3. "transition services" is a set of operations of railways, which, according to
international treaties, which are the railway authorities of the two parties
bound, must be satisfied in order to move cars, consignments, and
passengers from the railway of one party to the other on the railroad
the Contracting Parties;
4. "the connection service" is a set of operations of railways, which is referred to in
international treaties, which are the railway authorities of the two Contracting
Party bound by, takes place the transition of traction vehicles, cars, packages and
passengers from the railway of one party to the other on the railroad
the Contracting Parties;
5. "border line" is the portion of the line between the State border and
Exchange station;
6. "property management" is the railway administration of the Contracting Party
on whose territory the interchange station;
7. "workers party" are the workers of railway administrations and
staff of border, customs, veterinary, fytokaranténních and
other competent authorities of the Contracting Parties, or of any other person
responsible for these authorities to perform the tasks arising from this agreement.
Article 3
1. Rail transport is transported through the border crossings, which
will be between the Contracting Parties, including the allowed modes of transport
agreed upon in particular.
2. at each border crossing down the border station that
the station Exchange. The railway authorities of the parties may, however,
to determine if it requires the implementation of rail transport, on
one of the two border crossing station.
3. The border and Exchange station for each border crossings
the railway authorities of the Contracting Parties shall lay down the arrangements for the implementation of this
the agreement.
Article 4
1. In order to improve the handling of rail transport, the Contracting
Parties to set up within the territory of the Czechoslovak Socialist Republic and the
the territory of the German Democratic Republic Exchange station with shared
control. As required, they can be on the same railway line established
These Exchange station with joint control in the territories of both at the same time
of the Contracting Parties.
2. Details for the establishment of these Exchange stations and their equipment
(article 14, paragraph 1), as well as cooperation between all authorities and institutions on the
These stations will be regulated by the competent authorities of both Contracting
Parties in special arrangements.
Article 5
1. Traffic control on border trail section belong to the railway
the administration of the Contracting Party in whose territory this section lies.
2. the management of trains on the railway section of the border carried out in connection
the railway administration of the other party, unless it is between
railway administrations of the contracting parties unless otherwise agreed.
Article 6
1. the Contracting Parties shall be entitled to broadcast to the exchange of stations on the territory of
the other Contracting Party the necessary workers for performance and control
odevzdávkové and inspection activities.
2. the railway side of the Contracting Party in whose territory the interchange station
lies, personnel of the other contracting parties adequate room
necessary for the performance of their activities.
3. In order to ensure the smooth operation of the Railway Administration may
party, if they consider it necessary, agree that they will be sent
workers and to other stations or other railway stations.
Article 7
1. The railway authorities of the Contracting Parties and their personnel in the
mutual written and oral intercourse speech of his country. In the arrangements for the
the implementation of this agreement may be provided for exceptions to this policy.
2. The railway authorities shall ensure that their staff, who
they perform a service in the territory of the other Contracting Party, dominated the second language
the Contracting Parties at least to an extent, so that they can communicate.
Article 8
1. Personnel involved in the interchange and the border track
the section, are obliged to act and behave in and out in a spirit of service
friendly relations between the two countries.
2. the staff of railway administrations, who held the service in Exchange
the station, and trains on the railway section of the border on the territory of the other
the Contracting Parties shall carry out their service in accordance with article 8 of the Treaty
under the laws of your State, if this agreement does not provide for
otherwise.
3. Staff referred to in paragraph 2 shall maintain in the business rooms
they are provided for the exclusive use, order and are
are authorized to deny unauthorized persons access. The competent authorities are
required to provide them with protection and assistance upon request.
Article 9
1. the personnel who perform the service in the interchange and
border railway section within the territory of the other Contracting Party, shall be accorded
the same legal protection as nationals of the State in whose territory the
present.
2. the personnel referred to in paragraph 1 to the other Contracting Party
exempted under article 13, paragraph 2 of the Treaty from all direct taxes,
levies and charges, if any, in connection with income from their
business activities.
3. unless otherwise provided for by this agreement, workers are
railway administrations, who perform a service in the territory of the other Contracting
the parties must comply with the legislation in force there.
4. the staff of railway administrations are responsible for professional misconduct,
committed in the territory of the other Contracting Party, to his superiors
the staff places.
5. the railway administration of one Contracting Party may request an appeal
the worker, the railway authorities of the other party, active in the territory
its State. The request should be granted.
6. In the case of a criminal prosecution on the territory of a railway worker management
the other party shall be informed immediately of the railway administration
the worker. At the same time shall take all necessary measures to protect the interests of
the Contracting Parties, of which the worker is, in particular, such that
ensure undisturbed performance of the service.
Article 10
1. railway administrations shall be provided to the workers during acute illness
or an accident in the territory of the other Contracting Party the free required health
care.
2. in case of absence of the worker, the railway authorities of a Contracting
Parties, caused by accident, sudden illness or other reasons for
the territory of the other Contracting Party, it is necessary to take all measures to
guarantee the interests of the Contracting Parties, of which the worker in question, as well as
to ensure smooth transport across state lines.
Article 11
1. the railway administration of each of the two Contracting Parties shall be entitled to set up
on the territory of the other Contracting Parties of its general representation, which provides
things-traffic transportation and does not perform a commercial activity. The scope, as well as
(I) the rights and obligations of the representation shall be determined by agreement of the always
railway administrations of both parties, with the consent of the competent authorities
the other Contracting Party.
2. the railway administration of each Contracting Party is in the interest of its own services,
as well as in the interest of the transition and connection services shall be entitled to appoint in
Exchange station situated on the territory of the other Contracting Parties by his principal.
3. equipment and items of equipment, materials for room service
repair and maintenance, as well as the business needs of workers designated items
for replacement station situated on the territory of the other party, may be
imported and exported without a special permit and without customs duties and levies.
4. the Objects of the same type, as indicated in paragraph 3, intended for
General representation may only be imported and exported free of duty under the
directives, agreed between the competent authorities of the Contracting Parties.
SECTION II
Railways, post office and review
Article 12
1. the two parties shall see to it that the transition and connection
the service has been carried out smoothly and quickly.
2. The railway authorities of the Contracting Parties shall notify each other of any
problems that make it difficult to reduce or prevent the scheduled railway
transport between the two countries, or that may have an adverse effect on the
rail transport services of the other party.
3. Problems in the interchange and the border track section removes
the railway administration of the Contracting Party on whose territory arose. Railway
the administration shall, on request and against payment of own costs assistance
its personnel, vehicles and equipment, if it allows custom service.
Article 13
1. On the maintenance of security and order in the interchange and
border railway section shall ensure that the competent authorities of the State in whose territory the
interchange station and the border track section is located.
2. On the trains, which run on the border of track sections, exercises
Railway automatic train supervision staff.
3. Train staff, konajícímu service on the border track section
on the territory of the other party, provide the competent authorities with the necessary
assistance.
Article 14
1. Unless otherwise agreed, is dispatching its own Exchange station
a cargo of proprietary Railway Administration; in doing so, it will take into account the needs of
mutual rail contact.
2. The railway authorities shall provide each other's remuneration for the full or partial
the use of buildings and facilities, which give the interchange to
available for the purposes of the railway, the post office, or for the inspection authorities of the other
the Contracting Parties.
3. Mutual performance and services of railway administrations of the Contracting Parties,
arising out of this Agreement shall be settled in kind. If it is not
possible, it shall apply the provisions of article 32 paragraph 2.
Article 15
Ownership of the railway administration oversees construction and equipment in the Exchange
the station and the border track section and at his own expense is maintained
and restores.
Article 16
1. for the performance of the transport service applies the provisions of the railway administration, whose
the station and the line are pojížděny, if not between the railway administrations
unless otherwise agreed.
2. The railway authorities of the two parties agree on common principles for
the performance of the transport service in rail transport, as far as the border of the
differences in signal and traffic regulations of both the railway
administrations.
Article 17
Business and staff train railway telegrams correspondence with
transport in accordance with international treaties, which are the two parties
bound by, or in accordance with special agreements between railway administrations
of the Contracting Parties.
Article 18
1. Train service on the railway section of the border shall be carried out according to the
timetables, to be concluded between the railway administrations periodically
of the Contracting Parties.
2. The railway authorities of the Contracting Parties shall process the timetables so that the
meet the needs of passenger and freight transport, as well as the border
the interests of border and customs authorities, and to passenger and freight trains
not a longer delay than that is needed to perform the odevzdávkových and
acceptance of acts in the railway and postal services, as well as to the border,
Customs, epidemiological, veterinary and fytokaranténní control.
3. When you change the timetables shall be notified of the new timetables
border and customs authorities at least 15 days in advance. These authorities
It is necessary to timely report any other change to the timetable, the cancellation
trains, train delays of more than thirty minutes and special trains
and locomotives across the State border.
Article 19
The railway authorities of the Contracting Parties to each other allowing entrance to the
Exchange stations and a short stay of individual rail cars for
the person accompanying the goods for which there is a risk of explosion,
radioactive substances or particularly valuable goods.
Article 20
Vehicles, transport equipment, pallets, shipping boxes and containers, as well as
rail shipments, will be collected and transpose according to international
contracts, both parties are bound, and under the arrangement binding
for their railway administration.
Article 21
1. The railway authorities of the two parties will set its fares from
national borders, or to State boundaries.
2. the Tariff revenue from transport to the border track section receives
the railway administration of the State in whose territory the border track section
It is located.
Article 22
1. The railway authorities of the Contracting Parties are required to establish and maintain the
the territory of its State security and communication equipment, and management, the necessary
for rail transport; in particularly exceptional cases are
entitled to conclude arrangements to be different from this policy. Media connections
used between interchangeable and border stations must end in these
stations and must not be connected to the national network. The exception are
the coupling between managing transport authorities which shall be established by mutual
agreement of railway administrations of both parties.
2. the personnel of the other party, shall be entitled free of charge to use for
business communication equipment ownership the railway authorities, referred to
to in paragraph 1.
3. use of the railway telecommunication facilities of the other party for
private use is not permitted.
Article 23
1. Odevzdávku and acceptance of mail between postal administrations
both Contracting Parties shall be carried out in the Exchange stations, personnel
administrations according to the agreements of the World Postal Union and according to arrangements agreed
between the postal administrations.
2. The exchange of mailing the conclusions may be performed under the agreement of railway and
postal administrations of the Contracting Parties also personnel of railway administrations.
Article 24
For the control authorities of the interchange on the territory of the other Contracting Party
they will set up a telephone connection with their respective services on the territory of the
of their own State. The nature and scope of telephone connections and devices agree
supervisory authorities with relevant administrations and railway administrations
of the Contracting Parties.
SECTION III
The provisions on the crossing of State borders
Article 25
The workers of the railway authorities of one Contracting Party who are designated to
the performance of services on the territory of the other Contracting Parties, exceed the State border
with documents justifying the crossing the national border referred to in
the national legislation of the Contracting Parties.
Article 26
Embarking and disembarking from trains trains at the border railway
the section is disabled. This prohibition does not apply to workers of border and customs
the services of the institutions to ensure the transport workers and the railway administrations
in the performance of their services.
SECTION IV
Provisions on liability
Article 27
For damages and accidents resulting from the transition and connection service in Exchange
the station and the border track section is responsible for providing to third
the railway administration of the Contracting Party in whose territory the damage or
the accident arose.
Article 28
If the staff of the railway authorities of one Contracting Party in the exercise of
service or on the way to the service or from the service damage on the territory of the other
the Contracting Parties, it shall pay the railway administration, to which these workers
It is for.
Article 29
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 railway administrations in fulfillment of
their work is the responsibility of the railway administration, to which they
It is for the staff;
(b)) for damages arising out of the defective condition of railway buildings, equipment or
locomotive Railway Administration is responsible, that it is for the
management, maintenance and renovation of these buildings, equipment and traction vehicles;
(c)) for any damages, arising out of the defective cars or improper
the loading shall be governed by the international treaties, which are the two
the parties are bound, or conditions binding to their railway administration;
d) damage resulting from force majeure do not replace each other;
e) if the damage caused by the staff of both railway administrations, in
the performance of their job duties, or if it is not possible to determine who the damage
caused, are responsible for her both in equal parts by the railway authorities.
Article 30
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 29 either completely or partially responsible. The same right of recourse
arises in the case of both railway administrations agree that one of them
discuss compensation claims however that, according to article 29 of the second
the railway administration is responsible in whole or in part. Settlements, recognition and
judgments by default, however, are, as regards penalties, mandatory for the second
the railway administration only when this manifested itself with them in advance written
consent, or when the railway authorities on the question, which demands
the compensation did not comment on the hearing, despite a reminder in the requested
at least a 15-day period.
Article 31
The railway authorities of the Contracting Parties shall make provision in the special arrangements to
the implementation of this agreement, the procedure for investigating and the extent of the damage.
THE SECTION IN THE
Final provisions
Article 32
1. for the implementation of this agreement, the competent authorities of the Contracting Parties shall conclude
the corresponding arrangement.
2. All payments and clearing, resulting from the implementation of this agreement,
will be carried out according to the pay agreements, applicable to both Contracting
party.
Article 33
1. this agreement is subject to approval by the competent national
regulations of the Contracting Parties and shall enter into force on the day of exchange of notes about this
approval.
2. At the same time of expiry of the agreement between the Government of the Czechoslovak
States and between the Government of the German Democratic Republic on the railway
transport between the Czechoslovak Republic and the German Democratic
Republic, signed in Berlin on 24. October 1955.
Article 34
1. this agreement is concluded for a period of five years.
2. the Contracting Parties denounces it in writing it if none of the parties not later than six
months before the expiry of that period, its validity shall be extended each time for
the next year.
Given in Berlin, on 23 December 2005. June 29, 1972 in two copies, each in the
Czech and German, both texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
Dr. Ing. Štefan Šutka v.r.
For the Government of the German Democratic Republic:
Ing. Otto Arndt v.r.
