Rs 0.631.252.916.31 30 April 1947 Convention Between The Switzerland And The Austria Regarding The Service Of The Austrian Customs In St. Margrethen And Buchs Railway Stations, As Well As Transit Officials Of Customs By Short Trips Of Junction Borrowing

Original Language Title: RS 0.631.252.916.31 Convention du 30 avril 1947 entre la Suisse et l’Autriche concernant le service des douanes autrichiennes aux gares de St. Margrethen et de Buchs, ainsi que le transit des agents des douanes par de courts trajets de jonction empruntant

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0.631.252.916.31 translation Convention between the Switzerland and the Austria regarding the service of the Austrian customs at the stations of St-Margrethen and Buchs, as well as the transit of the Customs officers by short trips of junction on the foreign territory concluded April 30, 1947 approved by the Federal Assembly on December 9, 1947, entry into force on 25 February 1948 the federal Council of the Swiss Confederation and the president of the Republic of Austria agreed to readjust by convention the Austrian customs in the stations St-Margrethen and Buchs, as well as transit of Customs officers by short trips of junction on the foreign territory and have appointed as their Plenipotentiaries, namely: (follow the names of the Plenipotentiaries) who, having exchanged their full powers, found in good and due form , have agreed as follows: article 1 (1) the line of railway's St-Margrethen in Bregenz, as well as that of Buchs in Feldkirch, are considered customs routes for rail transport as soon as they borrow the sis territory between the political border of the two States and Swiss stations: St-Margrethen and Buchs.
(2) passenger and freight trains move freely on these roads, night or day, on condition that are observed the rules agreed upon and subject to the restrictions that each of the Contracting States could bring to the movement of freight trains on Sundays and public holidays.

S. 2 (1) this convention extends to the Principality of Liechtenstein, also long that this State remains bound to the Switzerland by a customs union treaty.
(2) the boundary between the Austria and the Liechtenstein is deemed customs frontier between the Austria and Switzerland to the effects of this convention.

RS 0.631.112.514 s. 3. the provisions in force in each of the two States are Act for the import, export and transit of trains of passengers and goods, subject to the special rules agreed following.

S. 4. the stations St-Margrethen and Buchs are international stations customs standpoint and therefore serve as well in the service of the Swiss customs to that of Austrian customs.

Art 5 to 13 repealed by Chapter 4 of the prot. end of the conv. from 2 sept. 1963 on the establishment of offices to joint national control and controls in vehicles along the way (RS 0.631.252.916.320).

S. 14. the Customs authorities of the two countries can bring the trains by their own officials within the limits of the two border areas (Feldkirch and Bregenz), when this is necessary to expedite shipment of travellers at the entrance or exit.

S. 15. in order to facilitate the accomplishment of the service and for the needs of the latter, it is permissible for the Customs officers circulating isolation, to travel in uniform throughout the territory of the two States on short trips junction following: a. routes and junction to achieve, through the territory of Austria, located somewhere in Switzerland to another point that country , in both directions: 1. great Furka by «Auf den Platten» to the pt. 2328 (border) - Jes.2. The Plasseckenpass to the Grubenpass.3. Widnau to Schmitter (lower point of the Rhine). 4. Büchel in Ruggell, along the Rhine or using the path open to Bangs.5 vehicles. Of Kriessern in Diepoldsau (upper tip of the Rhine). 6. The Royasattel (pt. 1636) - Garsella-Kopf - Drei Schwestern, passing through the territory between Garsella-Kopf and the Drei Schwestern.7. The Fuorcla Zeblas or Col de Samnaun to the Fuorcla Gronda (PT. 2752, border). 8. Of the Bettlerjoch to the Furka Grande by the Austrian Alp and Barthümel using the 'Liechtensteinerweg '.

b. routes and junction to achieve, through Swiss territory, to a location in Austria to another point of the country, in both directions: 1 in Höchst by St-Margrethen road to the Customs Office Austrian station at St-Margrethen and right to accompany (escort customs) the transport of goods on this trajet.2. Lustenau in St-Margrethen by Monstein - for Customs staff stationed in Lustenau and service the Austrian station Customs Office in St - Margrethen.3. The Sarottlapass to the Plasseckenpass.4. Of the Ochsenthal by the pt. 3091 (border) - glacier of the Silvretta - Rothfurka - Klosterthal.5. From Martinsbruck (Austria) to Schalkl by Martina (Switzerland) and Vinadi, but only for the supervisory bodies of the Austrian customs, as well as the head of the Austrian Customs Office of Martinsbruck.6. From Schalkl to Spiessermuhle by Vinadi, for the control of the Austrian Christopher bodies.

See also the exchanges of notes of 9 April 1949/31 Jan. 1950-Jan 4/11. 1960, at the end of the convention.

S. 16 special facilities a. For the Austrian customs service Austrian customs staff is allowed to accompany uniformed St-Margrethen to the Bruggerhorn freight trains. In return, it can follow the dike of the Rhine, on the Swiss, the Bruggerhorn to bridge on the St-Margrethen Rhine side, however without performing any service.
b. in the favour of the Swiss customs service the right to disembark in the Austrian ports without penetrating more forward in foreign territory is granted to Swiss customs personnel which performs the service of accompaniment of the boats from Rorschach.
c. in the interest of the customs of the two States service, the bodies responsible for the monitoring of the border are allowed, part and another, to enter the sand and gravel of the old bed of the Rhine, even if these banks encroaching on the territory of I another State, and to conduct official transactions. This clause, part and another, also applies to the upper reaches of the Rhine.

See also the exchange of notes of the Jan 4/11. 1960, at the end of the convention.

S. 17. the facilities and immunities specified in arts. 15 and 16 above shall apply ipso jure to the supervisory authorities.

S. 18 repealed by Chapter 4 of the prot. end of the conv. from 2 sept. 1963 on the establishment of offices to joint national control and controls in vehicles along the way (RS 0.631.252.916.320).

S. 19. the two Governments reserve to this convention, by a simple exchange of notes, the changes of detail which experience would have revealed the opportunity.

S. 20 note by February 25, 1948 exchange of notes of April 9, 1949 / January 31, 1950 exchange of notes of the 4/11 January 1960 (1) this convention shall be ratified and the instruments of ratification shall be exchanged at Vienna as soon as possible. It will take effect immediately after the exchange of instruments of ratification and shall remain in force until the expiration of one year from the date where it will be denounced by one or other of the contracting parties.
(2) it repeals and replaces the agreement on August 2, 1872 between the Switzerland and Austria-Hungary regarding the service of tolls at Buchs and St-Margrethen railway stations.
In faith whereof the Plenipotentiaries have signed the present convention.
Done in duplicate, in St. Gallen, on April 30, 1947.

[RO X 992]

Note of February 25, 1948, by note of 25 February 1948 to the federal Chancellor of Austria, Minister of Switzerland in Vienna found specifically on behalf of his Government, that a. As a result of new conventions concluded April 30, 1947, between the Switzerland and the Austria border traffic, the customs service Austrian in the stations St-Margrethen and Buchs and transit through short trips of junction on the foreign territory, the provisions of law customs (arts. 17 and 21) of the convention of 27 August 1870 became moot; b. As for the rest, the convention of August 27, 1870 is still considered valid, subject to later review.

The federal Chancellor of Austria acknowledged receipt of the note and said to approve its contents.

Exchange of notes of April 9, 1949 / January 31, 1950 on April 9, 1949, the federal political department sent the following note to the Daou legation in Bern: translation the federal political Department has the honour to come back on the 1 session, held on 14 and 15 February 1949, of the joint permanent commission established under art. 15 of the convention between the Austria and the Switzerland on border traffic, on April 30, 1947.
During this conference, the delegation proposed, in addition to art. 15 of the convention between the Switzerland and the Austria concerning the customs service Austrian in the stations St-Margrethen and Buchs, as well as the transit of the Customs officers by short trips of junction borrowing abroad, on April 30, 1947, to open to the transit of the Austrian circulating uniformed Customs officers isolation three trips below on the Swiss territory : 1. of the Jamthalhutte by the Zahnjoch Heidelbergerhutte-Fimberhausl and Zeblasjoch.2. Of Zeblasjoch at the Innerviderjoch.3. From Flimjoch to Malfrag.

After consideration of the issue by the competent federal authorities, the political Department is now able to communicate at the legation of Austria, for his Government, in accordance with art. 19 of the above convention, the approval of the Swiss authorities to the proposed supplement. He would be grateful if the legation kindly acknowledge receipt of this note.
The Department takes this opportunity to renew to the legation of Austria the assurances of its highest consideration.
The legation of Austria in Bern said the federal political Department on January 31, 1950, by the following note:

The delegation of Austria has the honour to return on the note of the federal political Department, on April 9, 1949, and to provide the agreement of the Austrian federal Government for the Swiss Government, for the supplement to the convention between the Switzerland and the Austria concerning the service of the Austrian customs stations and St-Margrethen-Buchs, as well as transit of customs officials for short trips of junction on the foreign territory , April 30, 1947. This door add on the opening of three junction following routes via Swiss territory, transit of the Austrian Customs officers in uniform circulating isolation: 1. of the Jamtal by the Zahnjoch Heidelbergerhutte-Fimberhausl and Zeblasjoch.2. Of Zeblasjoch at the Innerviderjoch.3. From Flimjoch to Malfrag.

The legation takes this opportunity to renew the assurances of its highest consideration to the federal political Department.

Exchange of notes of the 4/11 January 1960 Embassy of Switzerland has the honour to acknowledge receipt of your note of January 4, 1960 on the second session, held from 12 to 14 March 1953 in Chur and Andermatt, of the joint permanent commission established under article 15 of the convention between the Austria and the border traffic Switzerland , April 30, 1947, by which the federal Ministry of Foreign Affairs expressed in these terms the agreement of the Austrian authorities to the proposals made by the Austrian and Swiss delegations during this session: "the federal Ministry of Foreign Affairs has the honour, with reference to the second session, held from 12 to 14 March 1953 in Chur and Andermatt of the joint permanent commission established under art. 15 of the Convention between the Switzerland and the Austria border traffic, of April 30, 1947, to communicate the following: 1. during this session, the following two proposals made by the Austrian delegation: a. Extension to the officials and servants of the customs post on the road to Spiess of flexibilities provided for in art. 15b, c. 6, of the convention between the Austria and Switzerland concerning the service of the Austrian customs stations of Buchs and St-Margrethen, as well as transit of Customs officers by short trips of junction on the foreign territory of 30 April 1947.b. Extension of the facilities provided for by art. 15b route Ritzenjoch-Fimberhaus, i.e. of Laraintal by the Ritzenjoch (point 2818) or the Larain Forela at Heidelbergerhutte-Fimberhutte.

2. in this session, the delegation of Switzerland proposed to grant to Swiss customs officers, in addition to art. 16 (b) of the above convention, the right of transit in uniform into the path of Schaanwald in Feldkirch.

The federal Ministry of Foreign Affairs is now able to inform the Embassy of Switzerland, in accordance with art. 19 of the convention on 30 April 1947, the Austrian agreement to the above supplements. The federal Ministry of Foreign Affairs would be grateful if the Embassy of Switzerland kindly acknowledge receipt of this note and to know at the same time if the above supplements are also trusted on the Swiss side."

The Embassy of Switzerland is able to make known to the federal Ministry of Foreign Affairs the approval of the competent Swiss authorities to the supplements in question.
The Embassy of Switzerland takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its highest consideration.

1948 197 RO; FF 1947 III 57 the original text is contained in the same figure, in the German edition of this manual.
S. let 1. (b) the AF from 9 Dec. 1947 (RO 1948 181) RS 0.631.256.916.31 RS 0.742.140.316.31 the original text is contained in the same figure, in the German edition of this manual.
RS published above 0.631.256.916.31.
The original text is contained in the same figure, in the German edition of this manual.
RS published above 0.631.256.916.31.

State November 5, 1999

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