Decree of the Minister for Foreign Affairs No 187 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Agreement on the creation and operation of a common fleet of trucks
Valid
Effective from 20.08.1964
187
DECLARATION
Minister for Foreign Affairs
of 8 September 1964
on the Agreement establishing and operating a common fleet of freight wagons
On 21 December 1963, the Agreement on the establishment and operation of a common fleet of trucks between the Governments of the People's Republic of Bulgaria, the Czechoslovak Socialist Republic, the Hungarian People's Republic, the German Democratic Republic, the Polish People's Republic, the Romanian People's Republic and the Union of Soviet Socialist Republics was signed in Bucharest.
The Agreement entered into force - on the basis of its Article XIV - 30 days after the date on which the last instrument of approval of the Agreement was deposited with the Government of the Czechoslovak Socialist Republic, as depositary of the Agreement, on 20 August 1964.
The Czech translation of the Agreement is announced simultaneously.
David v. r.
AGREEMENT
on the establishment and operation of a common fleet of freight wagons
the Governments of the People's Republic of Bulgaria, the People's Republic of Hungary, the German Democratic Republic, the People's Republic of Poland, the People's Republic of Romania, the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic,
Bearing in mind the continuous growth of rail freight transport between these countries and based on the Council's recommendations on improving the use of freight wagons and improving the cost-effectiveness of transport,
have decided to conclude the following Agreement:
1. In order to create the necessary conditions to reduce the empty running of freight wagons in international and national transport, to accelerate circulation and to increase the economic efficiency of the operation of freight wagons, as well as to reduce the transport density and to make better use of international railway lines, border and marshalling stations, the Contracting Parties agree to establish a common freight fleet, hereinafter referred to as "the common park '.
2. The common park will be created from two to four axle lorries (covered and open) with a 1435 mm gauge.
3. The type and number of wagons inserted into the common park by Contracting Parties which have a 1435 mm track gauge shall correspond to the actual need for international transport on their railways, taking into account the use of such wagons in domestic transport.
4. The number of cars which are inserted into the joint park of the Union of Soviet Socialist Republics must correspond approximately to the number of vehicles of the common park which are daily on the USSR railways.
1. In order to decide on issues related to the establishment and operation of a common park under this Agreement, a Council of the Common Cargo Park, hereinafter referred to as "the Council ', shall be established.
The Council shall be composed of authorised representatives of all Contracting Parties, one per party. The Council shall hold its meetings as necessary but at least once a year.
3. The Council shall be empowered to discuss and to act on all matters relating to the implementation of this Agreement. The Council shall adopt resolutions only with the agreement of the representatives of all Contracting Parties.
The Council shall adopt its rules of procedure.
1. In order to ensure compliance with the Council's resolutions and to carry out normal work related to the operation of the common park, as well as monitoring the operation of international freight and passenger trains, the operation of border stations and the implementation of approved balancing measures, to provide assistance to the railways of the Contracting Parties in the provision of transport of export and import goods, the Council has a permanent executive apparatus - a common fleet of freight wagons, hereinafter referred to as the "byro ', located in the capital of the Czechoslovak Socialist Republic in Prague.
2. The apparatus shall be composed of the director of the Byre, his deputy, the necessary number of experts and technical and auxiliary staff.
3. The Director of the Bureau and its Deputy Director shall be appointed and removed by the Council. Other staff of the Bureau shall be appointed and removed by the Director of the Bureau in accordance with the Bureau's statute, the experts being appointed and removed by the Director of the Bureau with the agreement of the representative of the country concerned in the Council.
4. The activities of the Bureau shall be managed by the Director of the Bureau, which shall correspond to the Council.
5. In carrying out his duties, the Director of the Bureau, his deputy and experts shall act as international officials.
6. Byro is a legal person.
The Byro and the Bureau's officials shall enjoy the privileges and immunities enjoyed by the Council of Mutual Economic Assistance and its officials pursuant to Articles II and 2, 4 and 5 of Article V. of the Convention on the legal capacity, privileges and immunities of the Council of Mutual Economic Assistance. In doing so, the director of the Byra has the right and is obliged to revoke the immunity granted to any official of the Byra in those cases in which, in his view, immunity prevents the performance of justice and can be waived without prejudice to the interests of the Byre. As regards the Director of the Bureau and his Deputy Director, the right to waive the immunity of the Council shall lie with the Council.
7. The functions and powers of the Bureau and its occupancy, the Conditions of Employment and other issues relating to the activities of the Bureau shall be determined by the byre status approved by the Council.
8. The costs associated with the maintenance of the byre shall be borne equally by the railways of the Contracting Parties.
1. The Contracting Parties agree that the wagons they place in the common park should be standard wagons. However, for the transitional period necessary for the implementation of the standardisation of wagons, the technical requirements laid down in the Rules on the operation of the common fleet of freight wagons, hereinafter referred to as "OPW rules', are allowed to be used in the common park.
2. In addition to the technical conditions to be met by the wagons entered into the common park, the rules of the OPW also provide for the use of such wagons, the methods of determining the accounting status of the Contracting Parties' railways in the common park, the procedure for the classification and withdrawal of the wagons from the common park, the method of accounting for the use of common park wagons between railways and other issues relating to the operation of the common park. In doing so, the method of use of the wagons which they place in the USSR common park shall be determined taking into account the difference between the railway gauge of the USSR and the other Contracting Parties.
3. The rules of the OPW shall be approved by the Council.
4. The number and type of wagons inserted by the railway of the Contracting Parties in the common park shall be periodically determined by the Council in accordance with the provisions of points 3 and 4 of Article I of this Agreement.
1. Wagons inserted into the common park shall remain the property of the Contracting Party which inserted them. Wagons inserted into a common park shall be marked with a special mark in addition to the railway brand.
2. The common park vehicles are used mainly by the Contracting Parties' railways in international transport between these countries. Such wagons may also be used in the national transport of Contracting Parties and in transport with countries not members of this Agreement.
3. In the case of the loading of vehicles of a common park by a railway undertaking of one of the Contracting Parties designated for the rail of a country which is not a member of this Agreement, the accounting status of the railway undertaking shall be reduced accordingly.
4. All the conditions under which vehicles of the common park will be sent to the railways of countries not members of this Agreement are determined by the OPW rules.
1. The Contracting Parties agree that the necessary maintenance and routine repair of common park vehicles shall be carried out by the Railway Party using such vehicles.
2. Periodic repair of vehicles of the common park shall be carried out by the railway of the Contracting Party to which they belong within the time limits foreseen by the uniform dates of the planned repairs, as determined by the OPW rules. However, for a transitional period, the dates of the planned repairs applicable on the relevant railways may also be used.
3. In order to carry out periodic repairs, the wagons of the common park shall be sent to the railway of the Contracting Party which belongs, in such a way that the wagons reach that railway no later than the time limit for periodic repairs.
4. The rules of the OPW shall determine the conditions and type of repair, the way in which spare parts are provided for the repair of wagons by the railway of the Contracting Parties which use common park wagons, as well as the way in which common park wagons are sent for periodic repair.
For loss, heavy damage requiring repair as in the periodic repair or damage for which the common park vehicle must be written off from the inventory of the owner railway park of the Contracting Party, the railway used by the vehicle shall be responsible under OPW rules.
1. Contracting Parties' railways shall use common park wagons free of charge if the number of wagons used does not exceed the book value.
2. The accounting status of the railways of each Contracting Party shall be determined according to the type of wagons, based on the actual vehicle contribution of that Party to the common park and on the deviations from the contribution referred to in the OPW Rules. The accounting officer shall determine the farm.
3. The common park wagon balance between the Contracting Parties' railways shall be carried out by the farm according to the number and types of wagons within the meaning of the OPW rules.
4. For the use of wagons above the accounting condition, the railway of the Contracting Parties shall, according to the calculations, pay a fee for each wagon and the day in accordance with the OPW rules in favour of railways which have the number of vehicles in the common park under accounting condition. The rates for each wagon and day shall be set by the Council.
5. Where a railway undertaking requests the addition of its fleet to its accounting status, the railway undertaking shall immediately notify the railway undertaking, where the number of vehicles of the common park exceeds its accounting status, as well as transit railways, and agree with them the surrender of the required number of wagons, so that, within two days of the date of notification by the railway operator (counting from the beginning of the following day), the common park on the railway which so requested is supplemented by neighbouring railways.
6. Contracting Parties' railways that have failed to comply with the byre's instructions shall pay for the use of the wagons they were due to surrender, a progressive increase in the rate according to the length of wagon detention, different in the first and second half of the year. These rates are determined by OPW rules.
7. Where a Contracting Party's railway undertaking has not accepted vehicles of a common park, the submitting Railway shall be exempt from payment for the respective number of wagons and days under the OPW rules.
8. The determination of the actual status and registration of vehicles of the common park on the railways of each Contracting Party, as well as the accounting between them, shall be carried out by the Bureau according to the OPW rules.
1. The mutual assistance of the wagons shall be provided in agreement between the railways of the Contracting Parties concerned as possible in the vehicles of the common park.
2. The railway of the relevant parties shall immediately be notified of the agreement reached between the railways of the interested parties on the provision of assistance in vehicles of the common park. In this case, the accountancy situation of the common park wagons will be increased accordingly for railways which have received assistance and reduced for railways which have provided it.
3. The conditions for the provision of mutual assistance for wagons shall be negotiated between the railway undertakings of the interested parties.
The language of the Council shall be Russian. All documents relating to the meetings of the Council and the activities of the Bureau shall be drawn up in the language of the case.
This Agreement shall be concluded for an unlimited period. Each Contracting Party may terminate this Agreement by informing the depositary of the Agreement at least 6 months before the end of the current calendar year. The notice of termination shall enter into force from 1 January next year.
They may accede to this Agreement with the consent of all Contracting Parties to another country by handing over their instrument of accession to the depositary.
The Agreement may be amended or supplemented at any time with the agreement of all Contracting Parties. Proposals for amendments or additions to the Agreement shall be sent by the interested party to the Depositary of the Agreement, which shall arrange for measures in connection with the approval of such proposals by the Contracting Parties.
This Agreement shall be subject to approval by the Government of each Contracting Party.
The Agreement shall enter into force 30 days after the date on which the last instrument of approval of the Agreement was deposited with the depositary, as notified by the depositary to the Contracting Parties.
The agreement was written in Russian language in one copy and is submitted to the Government of the Czechoslovak Socialist Republic, which will perform the function of depositary of this Agreement.
The Government of the Czechoslovak Socialist Republic shall circulate certified copies of the Agreement to all Contracting Parties.
This Agreement has been signed by representatives of the Contracting Parties authorised to do so.
Written in Bucharest on 21 December 1963.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 187 / 1964 Coll., on the Agreement on the creation and operation of a common fleet of freight wagons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.10.1964 |
|---|---|
| Effective from | 20.08.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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