ECONOMIC COMMISSION FOR EUROPE
INLAND TRANSPORT COMMITTEE
INTERNATIONAL CONVENTION
TO FACILITATE THE CROSSING OF FRONTIERS
FOR PASSENGERS AND BAGGAGE CARRIED BY RAIL
(Geneva, 10.I.1952)
The undersigned,
Duly authorized,
Meeting at Geneva, under the auspices of the Economic
Commission for Europe,
For the purpose of facilitating the crossing of frontiers for
passengers carried by rail,
Have agreed as follows:
Chapter I. ESTABLISHMENT AND OPERATION
OF FRONTIER STATIONS WHERE EXAMINATIONS ARE CARRIED OUT
BY THE TWO ADJOINING COUNTRIES
Article 1
1. On every railway line carrying a considerable volume of
international traffic, which crosses the frontier between two
adjoining countries, the competent authorities of those countries
shall, wherever examination cannot be satisfactorily carried out
while the trains are in motion, jointly examine the possibility of
designating by agreement a station close to the frontier, at which
shall be carried out the examinations required under the
legislation of the two countries in respect of the entry and exit
of passengers and their baggage.
2. Where two adjoining countries designate several stations of
this kind along their common frontier, the number of such stations
on either side of the frontier shall, so far as possible, be
equal.
Article 2
1. Whenever a station is designated in accordance with article
1, a zone shall be set up within which officials and agents of the
competent administrations of the country adjoining the territory
on which the station is established (hereinafter referred to as
the "adjoining country") shall be entitled to examine passengers
crossing the frontier in either direction, their baggage and also
parcels carried by international passenger trains.
2. As a general rule, this zone shall comprise:
(a) A specified area of the station;
(b) Passenger trains and the section of the track on which
they stand throughout the whole period of the examination;
(c) Such parts of the platforms and tracks as may be agreed in
each case by the competent administrations of the countries
concerned; and
(d) Passenger trains between the station and the frontier of
the adjoining country.
Article 3
Application, within the zone established in accordance with
article 2, of the laws and regulations of the adjoining country as
well as the powers, rights and duties pertaining within the zone
to officials and agents of the competent administrations of that
country, shall be the subject of bilateral agreements between the
competent authorities of the countries concerned.
Article 4
1. The competent administrations of the countries concerned
shall determine by special agreements what premises are needed by
the services of the adjoining country within the said zone and the
conditions under which the railway administration of the country
in whose territory the station is situated shall supply furniture,
lighting, heating, cleaning, telephone communications, etc., for
the said premises.
2. Any equipment required for the functioning of the services
of the adjoining country shall be imported on a temporary basis
and re-exported free of all Customs duties and charges, provided
that the proper declaration is made. Regulations forbidding or
restricting import or export shall not apply to such equipment.
Article 5
1. The premises allotted to the services of the adjoining
country within the zone set up in ac-cordance with article 2 may
be distinguished on the outside by a notice including a shield in
the national colours of that country.
2. Officials and agents of the competent administrations of
the adjoining country shall wear national uniform or the
distinguishing badge prescribed by the regulations of that
country.
3. Officials and agents of the competent administrations of
the adjoining country who are called on to go to the station in
order to carry out the examinations provided for in this
Convention shall be exempt from passport formalities. Production
of their official papers shall be deemed sufficient proof of their
nationality, identity, rank and of the nature of their duties.
4. The officials and agents mentioned in paragraphs 2 and 3 of
this article shall enjoy, in the exercise of their duties, the
same protection and assistance as the corresponding officials and
agents of the country in whose territory the station is situated.
5. Exemption from taxes and charges may be granted under the
bilateral agreements provided for in article 3 to officials and
agents of the adjoining country residing in the country in whose
territory the station is situated.
6. The bilateral agreements referred to in article 3 shall
determine:
(a) The maximum numbers of officials and agents of the
competent administrations of the adjoining country authorized to
carry out examinations in the zone established in accordance with
article 2;
(b) The conditions under which their recall may be demanded;
and
(c) The conditions under which they may carry arms and use
them in the exercise of their duties within the said zone.
Article 6
1. In principle, examinations shall be carried out in through
vestibule-coaches of international trains, whenever such coaches
are used. Railway officials and agents shall give all necessary
assistance in order to ensure effective and speedy examinations.
They shall, in particular, co-operate in preventing passengers,
subject to examination, from leaving or moving up or down the
train until the examination is completed. As an exceptional
measure, such examinations may be carried out in the Customs
examination sheds of the station, whenever the administration
concerned deems it necessary.
2. In principle, the examinations referred to in paragraph 1
of this article shall be carried out in the following order:
(a) Police examination by the country of exit;
(b) Customs and other examination by the country of exit;
(c) Police examination by the country of entry; and
(d) Customs and other examination by the country of entry.
3. Examinations by officials and agents of the country of
entry may only be carried out in those parts of the train already
examined by the officials and agents of the country of exit and
the latter may not re-examine any parts of the train which they
have already cleared, unless special provision be made to the
contrary in the bilateral agreements.
4. For international trains of normal composition, namely ten
to twelve coaches without over-load, the wait required at the
station for carrying out the said examinations shall not, in
principle, exceed forty minutes; for smaller trains, and in
particular for railcars, it shall be reduced to the minimum.
5. With a view to carrying out the provisions of paragraph 4
of this article, the railway administrations shall notify the
competent authorities of the countries of entry and exit in due
time of any changes in the frequency, timing and composition of
international trains.
Article 7
In so far as currency control is in force in the territories
of Contracting Parties, currency control measures shall be carried
out within the timelimits laid down in article 6, paragraph 4. The
authorities concerned shall do their utmost to arrange for these
operations to be carried out in such a way as to avoid any
additional inconvenience to passengers.
Article 8
On all main routes the Contracting Parties shall establish
direct railway service telephone lines between the frontier
stations of the adjoining countries and take steps to facilitate
and accelerate private telephone communications. The privilege of
establishing direct telephone communications may, by bilateral
agreement, be extended to other public services.
Chapter II. POLICE AND CUSTOMS EXAMINATION
WHILE THE TRAIN IS IN MOTION
Article 9
1. Police and Customs examinations on international trains
shall, so far as possible, be carried out while the train is in
motion, provided that such examinations prove more effective and
at the same time more convenient for the passengers:
(a) Whenever the non-stop run, either before or after the
frontier station of each of the two adjoining countries, allows
sufficient time on its territory for completion of the necessary
formalities; and
(b) Provided examination while the train is in motion enables
the waits, either at frontier stations or at stations where
examinations are carried out by the two adjoining countries, to be
appreciably reduced.
2. In cases where it is deemed necessary, in order to expedite
examination or to eliminate stops at frontiers, to authorize the
officials or agents of an adjoining country to board international
trains and carry out examinations therein on the territory of the
other adjoining country, the competent authorities of the two
countries shall determine, by a bilateral agreement, the
conditions under which such operations shall be conducted.
3. On international trains, the examination of registered
baggage, where not carried under the international transit system
described in article 10, shall be conducted so far as possible
while the train is in motion, provided that such examination is of
assistance to passengers travelling with such baggage.
4. The procedure for applying the provisions of the present
article shall be laid down in agreements concluded between the
competent administrations of the Contracting Parties.
Chapter III. INTERNATIONAL TRANSPORT
UNDER CUSTOMS CONTROL OF BAGGAGE AND PARCELS CARRIED
BY INTERNATIONAL PASSENGER TRAINS
Article 10
1. In order to avoid, in principle, examination of the
registered baggage of passengers in transit through the territory
of a country, and of parcels carried in transit by international
passenger trains, the Customs and other administrations concerned
of the Contracting Parties shall, in agreement with the railway
administrations of the said Parties, take special measures, such
as sealing baggage compartments or vans, or the containers, skips
or sacks in which such baggage is carried, or affixing seals to
the parcels themselves, provided an international Customs
declaration form is completed.
2. In agreement with the railway administrations of the
countries concerned, the Customs and other administrations
concerned of the said countries shall establish, so far as
possible, offices at those stations in the interior of the said
countries where international traffic is particularly heavy, in
order to permit the Customs clearance and other examinations of
registered baggage and of parcels carried by passenger trains,
either before departure from such stations or on arrival there.
Between one such station in the interior of a country and a
frontier station in either direction or between two such stations
in the interior of two countries, such baggage and parcels may be
carried under the international transit system referred to in
paragraph 1 of this article.
3. Railway administrations shall, wherever possible, endeavour
to arrange for registered baggage and parcels carried by
international passenger trains to be cleared through the Customs
and to undergo the other examinations before they are loaded at
the station of dispatch.
4. If at frontier stations packages cannot be cleared through
the Customs and examined in the time specified under article 6,
paragraph 4, they shall be unloaded and the train shall not be
held up.
5. With a view to the application of the provisions of the
present chapter:
(a) The Contracting Parties shall recognize, in principle, the
Customs seals of the other Contracting Parties, subject to the
right of each Customs administration to add its own seal should it
deem this essential;
(b) The Contracting Parties shall adopt the standard
international Customs declaration form annexed to this Convention,
unless any simpler system is in force;
(c) The standard international Customs declaration form shall
be printed in two languages, French and the language of the
country of dispatch; unless otherwise provided, it shall be made
out in duplicate for each country;
(d) The declaration by the consignor shall be made in Latin
characters and in the language of the country of dispatch or in
French, and where necessary the railway administration will be
responsible for its translation; and
(e) This regulation does not rule out the possibility for
Customs and railway administrations which see fit to do so, to
allow the use of other languages in connexion with traffic
exclusively concerned with their particular country.
6. This standard international Customs declaration form may be
modified in accordance with the simplified procedure described in
article 16 of this Convention.
Chapter IV. CONTROL FACILITIES
Article 11
1. Passengers using the railway shall enjoy all the Customs
privileges granted to passengers crossing the frontier by other
means of transport.
2. Control officials and agents shall take all necessary steps
to prevent a train from being delayed in the event of difficulties
or disputes which affect only a small number of the passengers on
the train.
Chapter V. FINAL CLAUSES
Article 12
1. After signature this day, this Convention shall be open for
accession by the countries participating in the work of the
Economic Commission for Europe.
2. The instruments of accession and, if required, of
ratification shall be deposited with the Secretary-General of the
United Nations who shall notify all the countries referred to in
paragraph 1 of this article of the receipt thereof.
Article 13
This Convention may be denounced by means of six months'
notice given to the Secretary-General of the United Nations who
shall notify the other Contracting Parties thereof. After the
expiry of the six months' period, the Convention shall cease to be
in force as regards the Contracting Party which has denounced it.
Article 14
1. This Convention shall enter into force when three of the
countries referred to in article 12, paragraph 1, shall have
become Contracting Parties thereto.
2. It shall terminate if at any time the number of Contracting
Parties thereto is less than three.
Article 15
Any dispute between any two or more Contracting Parties
concerning the interpretation or application of this Convention,
which the Parties are unable to settle by negotiation or by
another mode of settlement, may be referred for decision, at the
request of any one of the Contracting Parties concerned, to an
arbitral commission, to which each party to the dispute shall
nominate one member; the chairman, who shall have the casting
vote, shall be appointed by the Secretary-General of the United
Nations.
Article 16
1. Should one of the Contracting Parties consider it desirable
for modifications to be made to the standard international Customs
declaration form annexed to this Convention, it shall submit its
proposed amendment to the Secretary-General of the United Nations,
who shall communicate the text thereof to all signatory or
acceding countries.
2. The amendment shall be deemed to come into force ninety
days from the date of the communication provided for in the
preceding paragraph, unless, before the expiry of that period, at
least one-third of the signatory or acceding countries have
notified the Secretary-General of the United Nations of their
objection to the amendment.
3. The Secretary-General of the United Nations shall record
the entry into force of amendments to the annex and shall inform
all signatory or acceding countries thereof.
Article 17
1. The original of this Convention shall be deposited with the
Secretary-General of the United Nations who shall transmit a
certified true copy thereof to each of the countries referred to
in article 12, paragraph 1.
2. The Secretary-General is authorized to register this
Convention upon its entry into force.
Done at Geneva, in a single copy, in the English and French
languages, both texts equally authentic, on the tenth day of
January one thousand nine hundred and fifty-two.
(Follow the signatures)
Annex
INTERNATIONAL RAIL TRANSPORT
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¦ 1. International Customs Declaration ¦
¦ ¦
¦2. <*> Name of railway ........................, ---------------¬¦
¦Represented by ................................. ¦Customs Office¦¦
¦<*> I, the undersigned, ......................, ¦ ¦¦
¦Authorized agent of the ......................., ¦ ¦¦
¦Railways, submit for transit the goods described ¦3. No.........¦¦
¦overleaf and undertake to resubmit them within ¦ ¦¦
¦......... days, with Customs seal intact, to the ¦ ¦¦
¦Customs Office at .............................. ¦ ¦¦
¦ ....................... (date) L---------------¦
+----------------------------------------------------------------------+
¦4. Seal affixed or recognized Wagon No. ................ ¦
¦ _____ ¦
¦ / \ ¦
¦ |Customs| ¦
¦ | Stamp | ¦
¦ \_____/ ¦
¦ ¦
¦ ....................... (date) ¦
¦ ¦
¦ Customs Official ¦
+----------------------------------------------------------------------+
¦5. We, the undersigned, Customs officials at the Customs office at ...¦
¦hereby certify that the goods described overleaf were re-submitted to¦
¦us with their seals intact. ¦
¦ ....................... (date) ¦
+----------------------------------------------------------------------+
¦6. Disposal of goods <*> Seen to have crossed the frontier ........ ¦
¦ Shipped aboard .......... (Name of vessel) ¦
¦ Warehoused at ............................ ¦
¦ Entered for home use ..................... ¦
¦ .......................................... ¦
¦ ................................... (date) ¦
+----------------------------------------------------------------------+
¦7. Discharge form No.............. has been issued in ¦
¦ respect of the undertaking entered into _____ ¦
¦ / \ ¦
¦ |Customs| ¦
¦ | Stamp | ¦
¦ \_____/ ¦
+----------------------------------------------------------------------+
¦8. Remarks (trans-shipment, breakage of seals, etc.) ................ ¦
+----------------------------------------------------------------------+
¦<*> Strike out whichever does not apply. ¦
L-----------------------------------------------------------------------
INTERNATIONAL RAIL TRANSPORT
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¦9. Consignor's Declaration for Customs purposes ¦
+----------------------------------------------------------------------+
¦ 11. Country whence goods ¦
¦ ............. consigned ...................¦
¦10. Name and address ............. 12. Country of destination of¦
¦ of consignee ................. goods .... ..................¦
+--------T--------T--------T------T------T------------T--------T-------+
¦ Marks ¦ Number ¦ Nature ¦Nature¦Gross ¦ Net weight ¦Value in¦Remarks¦
¦ and ¦ of ¦ of ¦ of ¦weight¦ or other ¦currency¦ ¦
¦nos. of ¦packages¦packages¦goods ¦ ¦measurements¦ of ¦ ¦
¦packages¦ ¦(boxes, ¦ ¦ ¦ (cubic ¦country ¦ ¦
¦or wagon¦ ¦sacks, ¦ ¦ ¦ capacity, ¦ of ¦ ¦
¦ ¦ ¦ etc.) ¦ ¦ ¦ surface, ¦dispatch¦ ¦
¦ ¦ ¦ ¦ ¦ ¦ etc) ¦ ¦ ¦
¦ 13 ¦ 14 ¦ 15 ¦ 16 ¦ 17 ¦ 18 ¦ 19 ¦ 20 ¦
+--------+--------+--------+------+------+------------+--------+-------+
+--------+--------+--------+------+------+------------+--------+-------+
+--------+--------+--------+------+------+------------+--------+-------+
+--------+--------+--------+------+------+------------+--------+-------+
+--------+--------+--------+------+------+------------+--------+-------+
¦21. Other particulars furnished by the 22. Name and ................¦
¦consignor (station at which formalities address of...............¦
¦are to be carried out, how consignment consignor................¦
¦is to be entered for Customs purposes, .........................¦
¦documents attached and their numbers, .........................¦
¦etc) .................................. .........................¦
¦....................................... ..... (place) .... (date)¦
¦....................................... ¦
¦ ¦
¦23. No. of consignment............ 24. Number et features of the first¦
¦ Customs seals affixed: ¦
¦ ...................................¦
¦ Date stamp of station of ...................................¦
¦ dispatch ...................................¦
¦ ...................................¦
L-----------------------------------------------------------------------
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