103/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 26 July. November 1976 was in
Nairobi adopted the General Conference of the United Nations
Educational, scientific and Cultural Organization (UNESCO), the Protocol to the agreement on the importation of
Educational, scientific and cultural materials of 22 November. November
1950.
The instrument of accession of the Czech Republic to the Protocol to the agreement on the importation of
Educational, scientific and cultural materials of 22 November. November
1950 was deposited with the Secretary-General of the United Nations,
the depositary of the Protocol, on 22 November. August 22, 1997.
Protocol entered into force, pursuant to article VIII, paragraph 1. 17
(a). (a) on 2 December. January 1982. For the Czech Republic entered into force
in accordance with the wording of paragraph 17 (a). (b) of the same article of the Protocol on the date
February 22, 1998.
Czech translation of the Protocol shall be published at the same time.
PROTOCOL
agreement on the importation of educational, scientific and cultural materials
adopted by the General Conference at its nineteenth session in Nairobi
on 26 April. November 1976
The Contracting States, the signatories to the agreement on the importation of educational, scientific and
cultural materials, adopted by the General Conference of the United
Nations Educational, scientific and Cultural Organization at its fifth session held in
Florence in 1950,
Reaffirming the principles on which the agreement is also referred to as "the agreement",
based,
considering that this agreement has proved itself as an effective tool in
the removal of customs formalities and reducing other economic restrictions,
that prevents the exchange of ideas and knowledge,
Bearing in mind that for a quarter of a century after the adoption of the agreement have passed
as a result of technical progress changed ways and means in
transfer of information and knowledge, which is the fundamental objective of this agreement,
Bearing in mind that the advances that have occurred in the field of international
trade during this period has been widely reflected in greater freedom
exchanges, considering that since the adoption of the agreement radically
the international situation has changed with the development of the international community,
in particular, the fact that many States of the independence,
taking into account the needs and interests of developing countries must be taken
consideration has been given to them easier and less costly access to
education, science, technology and culture,
Recalling the provisions of the Convention concerning measures to prohibit and prevent
the illicit import, export and transfer of ownership of cultural property,
adopted by the General Conference of the United Nations Educational,
Scientific and Cultural Organization in 1970, and provisions of the Convention concerning the protection of
world cultural and natural heritage adopted by the General Conference
in 1972,
In addition to Recalling the customs conventions concluded under the auspices of the Council for
the customs cooperation agreement with the United Nations Educational,
Scientific and Cultural Organization, concerning temporary imports of educational, scientific and
cultural materials,
convinced that should be concluded new agreements and that such agreements
will contribute even more effectively to the development of education, science and culture, which
represent a substantial base for economic and social progress,
Recalling the resolution adopted by the General Conference 3,965
The United Nations Educational, scientific and Cultural Organization at its
eighteenth session,
have agreed as follows:
(I)
1. the Contracting States undertake to extend the exemption from customs duties and other levies
imposed on them on or in connection with it, referred to in article
I (2) 1 of the agreement on the materials listed in annexes A, B, D and E, and also in
cases where these attachments were not affected by the Declaration, following the
that paragraph 16a), as well as to the materials referred to in annexes c. 1, F, G, and
(H) of this Protocol, provided that such materials comply with
the conditions laid down in these annexes and are the products of another Contracting
State.
2. The provisions of paragraph 1 of this Protocol shall not prevent any Contracting
State to chose from the imported goods:
a) internal taxes or any other internal levy at the time of importation
or, subsequently, the amount of which does not exceed the internal taxes or any
other internal benefits that directly or indirectly similar
domestic products
(b) the fees and surcharges), other than customs duties, imposed by government authorities on imports
or in connection with, importation, limited in amount to the approximate cost of the amount of the
of the services provided, and which do not and indirect protection
domestic products nor a taxation of imports for the purposes of retirement.
(II)
3. Despite the provisions of paragraph 2a) of this Protocol, the Contracting States
undertake not to impose any internal taxes or charges levied at the time of
importation or subsequently on the following materials:
a) books and publications consigned to the libraries referred to in paragraph 5 of this
the Protocol,
(b)) official, parliamentary and administrative documents you printed in the country of their
of origin,
c) books and publications of the United Nations or any of its
professional organisations,
d) books and publications of the United Nations Educational,
Science and culture has received and distributed free of charge by it or under its
supervision,
e) publications intended to promote tourist travel outside the country
importation, sent and distributed free of charge,
f) articles for the blind and other physically or mentally handicapped persons:
(i) books, publications and documents of all kinds issued in chodsko blind font
(ii) other materials specifically designed for educational and cultural development
of the blind and other physically or mentally handicapped persons, which are
are imported directly by institutions or organizations concerned with the education of
or providing assistance, scientific and other persons physically or
mentally disabled approved by competent authorities of the importing country to
duty-free entry of these types of products.
(III)
4. The Contracting States undertake not to levy on the articles and materials referred to
in the annexes to this Protocol any customs duties, export charges or benefits
levied on goods exported from a country or any internal taxes
levied on such articles and materials to be exported to another
Contracting State.
(IV)
5. the Contracting States undertake to extend the issue of licensing or
the foreign exchange cover under paragraph 1 of article II of the agreement for the import of these
materials:
a) books and publications consigned to libraries including:
(i) national libraries and other major research libraries,
(ii) General and specialized academic libraries, including
University libraries, Institute libraries and University extra-mural libraries,
(iii) public libraries,
(iv) school libraries,
(v) special libraries serving a group of readers who
community, having particular and identifiable subjects of interest, such as
Government libraries, public libraries, offices, library, industrial circles and
professional library
(vi) libraries for the handicapped and for readers who are not able to
to move around, such as libraries for the blind, hospital libraries and prison
the library,
(vii) a library of sheet music, including recordings,
(b)) books adopted or recommended as textbooks in higher degrees
educational establishments and imported by such establishments,
(c)), with the exception of foreign language books in the principal native language or
languages of the importing country,
d) films, slides, video tapes and sound recordings of an educational,
scientific or cultural nature, imported by organizations that have
for the purpose of duty-free entry from the competent authorities of the importing State
import permits for these materials.
In
6. the Contracting States undertake to extend the granting of the benefits under article
(III) agreement on the educational, scientific or cultural materials and equipment,
that are imported solely for the purpose of public exhibition, exposure
approved by the competent authorities of the importing country and for subsequent return
export.
7. nothing in the preceding paragraph shall not prevent the authorities of the importing State,
to take the necessary steps to ensure the re-exportation of those
materials and equipment after the close of the exhibition.
(VI)
8. the Contracting States undertake to:
and to extend to the importation of the goods) under this Protocol in accordance with article
IV of the agreement,
(b)) to encourage through appropriate measures the free flow and distribution of educational,
Scientific and cultural objects and materials produced in the developing
States.
(VII)
9. nothing in this Protocol shall not affect the right of Contracting States to take on the
accordance with its legislation, measures to prohibit or limit the importation
or circulation after importation of a particular material, for reasons which are directly related
their national security, public order or public morals.
10. Notwithstanding the other provisions of this Protocol, a developing country
which is defined as such in conformity with the established practice of the General
Assembly of the United Nations and which is a party
This Protocol, may suspend or limit the obligations arising for
her of this Protocol in respect of the importation of any article or
the material, which would have caused serious injury or threatened to způsobiti
Europe domestic industry this development to the State. The State concerned
proceeding to such measures non-discriminatory manner. Shall inform the
the Director-General of the United Nations Educational, scientific and
the culture of any such action in advance, such as
feasible, and the Director-General of the United Nations
Educational, scientific and Cultural Organization inform all the Contracting Parties
Protocol.
11. this Protocol shall not affect the laws and regulations of any Contracting
State or any of its international treaties, conventions, agreements and
claims concerning copyright, trademarks or
patents.
12. in accordance with the provisions of any previous conventions to which
they may be bound for the settlement of disputes, the Contracting States undertake that, in the
any dispute regarding the interpretation or implementation of this
the log will have to deal with these disputes by negotiation or conciliation.
13. in the event of a dispute between Contracting States relating to the educational,
scientific or cultural character of imported materials can
interested parties on the basis of a joint agreement to refer the dispute
the Director-General of UNESCO for consideration.
(VIII)
14.
and This Protocol) the English and French text have the same
authentic, shall bear today's date and shall be open for signature by all
the States parties to the agreement, as well as the Customs and economic Union
provided that all the Member States that produce them are also
the parties to this Protocol.
The term "State" or "country" when used in this Protocol, or in the
the Protocol referred to in paragraph 18, means also, if it's from the
the context is clear, and the customs or economic Union, and, in all matters
falling within the scope of this Protocol, the territory of all the Member States of the
which the Union is composed and not only the territory of each of those States.
It is understood that such customs or economic Union becoming a Contracting
party to this Protocol, the agreement will be governed by the provisions on the same
basis, as indicated in the previous paragraph, as amended by this
Protocol.
(b)) this Protocol shall be ratified or accepted on behalf of the signatory
States in accordance with their own constitutional procedures.
c) instruments of ratification or acceptance shall be deposited with the
Secretary-General of the United Nations.
15.
a) States referred to in paragraph 14a), which are not signatories to the Protocol,
can accede.
(b)) the accession enters into force effected by the instrument of accession
with the Secretary-General of the United Nations.
16.
a) States referred to in paragraph 14a) Protocol may, at the time of signature,
ratification, acceptance or accession, declare that it will not be bound by parts
II and IV and annexes c. 1, F, G, H, or by any of these parts or
attachments. They may also declare that it will be bound by annex c. 1 only in
relation to the Contracting States which have themselves have accepted that annex.
(b) Any Contracting State), which has made this statement, it can be
revoke wholly or in part at any time with the understanding that it shall inform the
the United Nations Secretary-General and determines the date from which this
the appeal shall enter into force.
(c)) States that, in accordance with subparagraph (a)) of this paragraph declared that the
will not be bound by annex c. 1, shall be bound by annex c. 2. The ones that
declared that they will be bound by annex c. 1 only in respect of those States,
they have accepted that annex shall necessarily bound by annex c. 2 in
relation to those Contracting States which have not adopted the annex C 1.
17.
and) this Protocol shall enter into force six months after the date of deposit of the fifth
the instrument of ratification, acceptance or accession with the Secretary-General of the
The United Nations,
(b) any other State) shall enter into force six months after the date of deposit of
its instrument of ratification, acceptance or accession,
(c)) within six months after the expiry of the periods referred to in points (a) and (b)))
This paragraph, the Contracting States to this Protocol shall submit to the Organization
the United Nations Educational, scientific and cultural message about what
measures taken for the effective implementation of this Protocol.
18. The Protocol annexed to the agreement and forming an integral part thereof,
as provided for in article XVII of the agreement, this becomes an integral part of
This Protocol and shall apply to obligations arising from this
Protocol and to products covered by this Protocol.
19.
and) two years after the entry into force of this Protocol, any
Contracting State written notice terminate this Protocol deposited with
the Secretary-General of the United Nations,
b) denunciation shall take effect one year after receipt of the written notification of the
of denunciation,
(c) the termination of the agreement) referred to in article XIV of the agreement will be automatically include
denunciation of this Protocol.
20. The Secretary-General of the United Nations shall inform the
States referred to in paragraph 14a), as well as the United Nations
Educational, scientific and Cultural Organization on the deposit of any instrument of ratification and the instruments of
the adoption of or accession referred to in paragraphs 14 and 15 and on its
declarations and their appeal in accordance with paragraph 16 and about the data, when this
the Protocol shall enter into force in accordance with paragraph 17a) and (b)), and statements
in accordance with paragraph 19.
21.
and) this Protocol may be amended in the General Conference of
the United Nations Educational, scientific and Cultural Organization. Any such change
However, it will be binding only on States that become signatories to the
the Protocol of amendment,
(b)) should the General Conference adopt a new protocol that would
change all or part of this Protocol, this Protocol shall cease to be
open to signature, ratification, acceptance or accession as from the date when
a new amending Protocol enters into force, unless this new
the Protocol provided otherwise.
22. this Protocol does not change or modify the agreement.
23. Annexes A, B, C 1, C 2, D, E, F, G and H form an integral part
of this Protocol.
24. In accordance with article 102 of the Charter of the United Nations will be
This log file registered by the Secretary-General of the United
Nations on the date of its entry into force.
In witness whereof, the duly authorised thereto, have signed this Protocol
on behalf of their Governments.
Appendix A-books, publications and documents
(i) printed books, irrespective of the language in which they are printed and
whatever the amount of space given over to illustrations, including the following:
Luxury Edition),
b) books printed abroad from the manuscript of an author resident in the importing country,
(c) colouring book for children),
(d)) school workbooks (copybook) with printed texts and blank spaces
which are the pupils,
e) crossword puzzle books containing printed texts,
f) loose illustrations and printed pages in the form of loose or bound
sheets and handouts to print or movies that will be used for printing and
the production of books,
(ii) printed documents or reports of non-commercial nature,
(iii) microforms of goods referred to under (i) and (ii) of this annex,
as well as the goods referred to under items (i) to (vi) of the annex and the agreement,
(iv) catalogues of films, recordings or other Visual and auditory
materials of an educational, scientific or cultural character,
(v) maps and diagrams, with a focus on scientific disciplines, such as geology,
zoology, Botany, mineralogy, palaeontology, archaeology, Ethnology,
meteorology, climatology and Geophysics, but also meteorological and
geophysical diagrams,
(vi) architectural, industrial and construction plans and projects and their
the reproduction,
(vii) bibliographical information material for distribution free of charge.
Annex B-works of art and collectors ' items, educational,
scientific or cultural character
(i) paintings and drawings, whatever the nature of the materials that were completely
made by hand, including copies executed by hand, except in series
manufactured decorated wares,
(ii) ceramics and mosaics on wood, if it is an original work,
(iii) collectors and art objects that are stored in galleries,
museums and other institutions approved by the competent authorities of the
Import for the purpose of duty-free entry of these types of materials, provided
It will not be resold.
Annex C-1 Visual and auditory materials
(i) films, ^ 1) filmstrips, microforms and slides,
(ii) sound recordings,
(iii) patterns, models and wall maps of educational, scientific and
cultural character, except toy models,
(iv) other Visual and auditory materials, such as:
and videotapes, kineskopy), video discs, videogramy and other forms of
Visual and sound recordings,
b) microcards, microfiches and magnetic or other information media
required in computerized information and documentation services,
c) materials for programmed instruction, which may be presented in the
files with the corresponding printed materials, including video-cassettes and
audio cassettes,
d) transparencies, including those for direct projection or for
viewing through optical devices,
e) holograms for laser projection,
f) mock-ups or visualizations of abstract concepts such as
molecular structures or mathematical formulae,
g) multi-media kits,
h) materials for the promotion of tourism, including those produced by the
private concerns, designed to encourage the public to travel
the boundaries of the State of import.
(The exemptions referred to in Annex C, 1) shall not apply to:
a) unused microform stock and unused Visual and auditory
recording media and their specific packaging such as cassettes, cartridges
, reels,
b) Visual and auditory recordings with the exception of the materials on the promotion of
tourism activities referred to in paragraph (vi) h), produced by a private business
undertaking or for the company, mainly for advertising purposes,
c) Visual and auditory recordings in which the advertising exceeds 25% of the time. In
materials for the promotion of tourism covered by paragraph (iv) (h))
This percentage applies only to private commercial publicity.
Annex c. 2 Visual and auditory materials-educational, scientific and
cultural character
Visual and auditory materials of an educational, scientific or cultural
nature, if they are imported by organizations (including, according to
the discretion of the importing State and the broadcasting organizations) or by any
other public or private institutions or companies
approved by the competent authorities of the State to duty free imports
These materials, or if they are made by the United Nations
or any of their specialized agencies, including the following:
(i) films, filmstrips, microfilms and slides,
(ii) movie news (vocalized or neozvučené) showing the event
the current information values at the time of importation, and imported in the form of
the exposed and developed, negative or positive
, printed and developed, with the free access can be limited to
two copies of each title for propagating purposes,
(iii) archival film material (with or without sound track) intended for
use together with newsreel films,
(iv) recreational films particularly suited for children and young people, (v) sound
recordings,
(vi) video tapes, video discs, kineskopy, videogramy and other forms of
Visual and sound recordings,
(vii) microcards, microfiches and magnetic or other information storage
media required in computerized information and documentation services,
(viii) materials for teaching programming, which may be presented
in sets with the corresponding printed materials, including video-cassettes and
audio cassettes,
(ix) transparencies, including those intended for direct projection or
for viewing through optical devices,
(x) holograms for laser projection,
(xi) mock-ups or visualizations of abstract concepts such as
molecular structures or mathematical formulae,
(xii) multi-media kits.
Annex D-scientific instruments or apparatus
(i) scientific instruments or apparatus, provided:
and) that they are intended for public or private scientific or educational
institutions approved by the competent authorities of the State to duty free
imports of such materials are used for non-commercial purposes and are under the
the control of these institutions that they are responsible for them
b) that instruments or apparatus of equivalent scientific value are not
manufactured in the importing country,
(ii) spare parts, components or accessories belonging to the scientific
instruments or apparatus, provided that these spare parts,
components or accessories are imported at the same time with the tools and
instruments; where they are imported subsequently, must be ztotožněny as
intended for instruments or apparatus, which have been released free of duty
or could be released free of duty,
(iii) tools to be used for the maintenance, inspection, measurement
or repair of scientific instruments, provided these tools are
imported at the same time with the tools or instruments; where they are imported subsequently,
ztotožněny must be as specified for the specific tools and
instruments that have been released free of duty or could be released
free of duty, and further provided that tools of equivalent scientific
value are not being manufactured in the importing country.
Annex E-Materials for the blind and other handicapped persons
(i) all articles specially designed for the educational, scientific or cultural
Advancement of the blind which are imported directly by institutions or organizations
concerned with the education of the blind, approved by the competent authorities of the State as
duty-free imports of these products, including:
a) talking books (discs, cassettes or other sound reproductions) and books with
large-print,
b) phonographs and cassette players designed or adapted
especially for the blind and other handicapped persons and required to play
talking books,
(c)) equipment for the reading of normal print by the blind and partially sighted,
such as electronic reading machines, television enlargers and optical
AIDS,
d) equipment for the mechanical or computerized production of Braille and
recorded material, such as stereo-typing machines, electronic
Braille, přepisové and printing machines, Braille computer terminals
and display,
e) Braille paper, magnetic tapes and cassettes for the production of
Of Braille and talking books,
f) AIDS for improving the mobility of the blind, such as electronic
orientation, obstacle detection appliances and white canes,
g) technical AIDS for the education, rehabilitation, vocational training
employment of the blind, such as Braille watches, Braille writing
the machine, teaching and learning AIDS, games and other instruments specifically adapted
for the use of the blind.
(ii) all materials specially designed for the education, employment and
social development of other physically or mentally disabled persons
they are imported by institutions or organizations concerned with education
or by such people, approved by the competent authorities of the State
as the duty-free imports these types of articles, provided that the same
the products are not being manufactured in the importing country.
Annex F-sports equipment
Sports equipment intended exclusively for amateur sports associations or
groups approved by the competent authorities of the State to duty free
imports of these types of articles, provided that equivalent products are not
being manufactured in the importing country.
Annex G musical instruments and other musical equipment
Musical instruments and other musical equipment intended solely for cultural
institutions or music schools approved by the competent authorities of the
for the purpose of duty-free entry of these types of articles, provided that equivalent
tools and equipment are not being manufactured in the importing country.
Annex H Material and machines used for the production of books, publications and
documents
(i) the material used for the production of books, publications and documents (paper
pulp, recycled paper, newsprint and other types of paper used
for printing, printing inks, glue, etc.),
(ii) machines for the processing of paper pulp and paper and also printing and
binding machines, provided that machines of the same technical quality
are not being manufactured in the importing country.
1) duty free importation of copied and thrown cinematograph films
for public exhibition or for sale may be limited to
the negatives, it being understood that this restriction does not apply to films (including
News), if they can import duty free under the provisions of the annex to
(C) 2 of this Protocol.
