Communication from the Ministry of Foreign Affairs No 19 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Ukraine on international road transport
Valid
International Treaty
Effective from 07.01.1999
Text versions:
29.01.1999
19
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that the Agreement between the Government of the Czech Republic and the Government of Ukraine on International Road Transport was signed in Kiev on 1 July 1997.
The Agreement entered into force on 7 January 1999 pursuant to Article 13 thereof.
The Czech version of the Agreement is hereby published at the same time. The Russian version of the Agreement, which is relevant for its interpretation, can be consulted by the Ministry of Foreign Affairs and the Ministry of Transport and Communications.
AGREEMENT
between the Government of the Czech Republic and the Government of Ukraine on international road transport
Government of the Czech Republic and Government of Ukraine, hereinafter referred to as the "Contracting Parties',
Desiring to promote the development of mutual trade and economic relations
and facilitate the regulation of international passenger and freight transport between the two States and transit through them;
agree as follows:
1. The provisions of this Agreement shall apply to international road passenger and freight transport between the Czech Republic and Ukraine and transit through their territory by carriers of States of both Contracting Parties authorised to do so under the national provisions of the relevant State.
2. This Agreement shall be without prejudice to the rights and obligations of the Contracting Parties arising from other bilateral or multilateral agreements on international road passenger and freight transport which are binding on each of the Contracting Parties.
Passenger transport
1. Passenger transport under this Agreement means the transport of persons and their baggage by bus. It also includes empty journeys related to these services.
2. The term "bus" means a means of transport by road, which is designed and used for the transport of more than 9 persons, including the driver.
1. The term "scheduled bus services" shall mean services carried out on a pre-approved route, according to a pre-approved timetable and fare, with passengers boarding and leaving at departure and arrival points as well as at approved travel stops.
The term "special scheduled bus lines' means scheduled bus lines which are intended only for certain categories of passengers.
2. All scheduled bus lines between the States of both Contracting Parties and transit through their territory shall be approved by mutual agreement by the competent authorities of the Contracting Parties in accordance with the national law of the State of each of them.
The competent authorities of the Contracting Parties shall issue authorisations for that part of the line which passes through their territory.
3. An application for authorisation shall be submitted to the competent authority of the Contracting Party in the territory of which the carrier has its registered office or residence and where its vehicle is registered.
4. The application referred to in paragraph 3 shall contain at least the following particulars:
(a) the name and full address of the carrier;
(b) the type of regular service;
(c) the required period of validity of the authorisation;
(d) operating time and number of journeys (e.g. daily, weekly, etc.);
(e) timetable;
(f) route of the line (all stops for boarding and leaving passengers, border crossing points);
(g) the length of the route back and forth;
(h) driving and rest periods for drivers;
(ch) fare and fare conditions.
5. The competent authority of one Contracting Party shall forward the request with all the prescribed information and its opinion to the competent authority of the other Contracting Party.
6. The authorisation shall be issued for a maximum period of 5 years and may be extended at the request of the carrier by the competent authorities of the Contracting Parties.
1. The shuttle service is a service where the previously created groups of passengers are transported by several journeys back and forth from the same starting point to the same destination. The groups of passengers which have been transported to the same destination must be subsequently transported back to the starting point. The shuttle transport includes, in addition to its own transport, accommodation for groups of passengers at the destination. The first ride back and the last ride there must be empty.
2. Each shuttle service shall be authorised by the competent authority of the other Contracting Party. The application for authorisation shall be submitted directly by the applicant to the competent authority of the other Contracting Party. It shall be submitted no later than 60 days before the date of launch of the shuttle service.
3. The application for authorisation referred to in paragraph 2 shall include the name and full address of the carrier, the number of journeys, the date of each of them, the registration numbers of all buses which will carry out the shuttle service and the confirmation concerning the accommodation and residence of the groups.
4. The Joint Commission established pursuant to Article 12 of this Agreement shall agree the procedure for the authorisation procedure, forms, means of control, etc.
1. Occasionally passenger transport means transport other than those referred to in Articles 3 and 4 of this Agreement.
2. No authorisation shall be required for occasional passenger transport between the States of the Contracting Parties or transit through their territory where:
(a) transports where the same bus is used to transport the same group of passengers which it brings back to the point of departure ("closed-door journeys");
(b) transports in which groups of passengers are transported to the territory of the State of the other Contracting Party, returning the bus to the territory of the State where it is registered empty.
3. For occasional passenger services which do not comply with the provisions of paragraph 2, the authorisation of the competent authority of the other Contracting Party shall be subject to national law in force in the territory of the State of that Contracting Party.
4. The competent authorities of the Contracting Parties shall inform each other of the authorisations issued for occasional carriage.
5. The form and types of documents necessary for occasional passenger transport shall be agreed by the Joint Commission established under Article 12 of this Agreement.
Freight transport
1. Except in the cases referred to in Article 7 of this Agreement, the carrier shall be authorised to carry out international carriage of goods by road in or through the territory of the State of the other Contracting Party.
2. The authorisation may be used only by the carrier to which it was issued and shall not be transferable to another carrier. Applies to transport carried out by a motor vehicle (set), regardless of the State of registration of the towed trailer or semi-trailer.
3. The authorisation shall apply in the case of bilateral and transit shipments for one journey back and forth.
4. Transfers of costs between a State of one of the Contracting Parties and a third State may be carried out on a bilateral basis, provided that the transport route leads to the territory of the State where the vehicle is registered. If this condition is not met, special authorisation by the competent authorities shall be required for transport.
1. The authorisations referred to in Article 6 of this Agreement shall not be required in the following cases:
(a) in the case of carriage by vehicles whose authorised total weight, including trailers, does not exceed 6 tonnes or whose useful weight, including trailer, does not exceed 3,5 tonnes;
(b) in the case of carriage of articles and equipment of funfair parks, for theatrical, film, circus or musical performances, sports competitions, exhibitions or fairs, radio and television broadcasts or films, provided that such articles and equipment are imported or exported temporarily;
(c) when transporting the remains of the deceased;
(d) when transporting mail;
(e) in the case of shipments related to the carriage of crashed or damaged vehicles, in the course of the journeys of technical assistance vehicles and spare vehicles necessary for the completion of the transport;
(f) transport of humanitarian aid costs in connection with exceptional situations (usually natural disasters);
(g) when transporting bees and fish handles.
2. The driver of the vehicle carrying out the transport referred to in paragraph 1 of this Article shall carry all necessary documents confirming the nature and type of the transport.
3. The Joint Commission established under Article 12 of this Agreement may, after consulting the competent authorities, specify the list of shipments for which no authorisation is required.
1. The Joint Commission established under Article 12 of this Agreement shall determine the quantities and types of authorisations for each of the Contracting Parties, taking into account the development of economic relations and external trade needs of both Contracting Parties. The agreed quantities of permit forms shall be forwarded to each other by the competent authorities of the Contracting Parties.
2. The Joint Commission established under Article 12 of this Agreement shall agree on the model and content of each type of authorisation.
1. With regard to the mass and dimensions of vehicles, both Contracting Parties undertake not to apply conditions to vehicles registered in the State of the other Contracting Party other than those applicable to vehicles registered in their own State.
2. If the mass or dimensions of the vehicle or combination carrying out the transport exceed the permitted limit in the State of the Contracting Party, a special authorisation shall be obtained from the competent authority of that Contracting Party before the transport begins.
3. Transfers of dangerous goods shall be carried out on the basis of a special authorisation.
Common provisions
1. Vehicles which are registered in the territory of one of the Contracting Parties and carry out international carriage of goods by road in the territory of the State of the other Contracting Party in accordance with the terms of this Agreement and in the context of an agreed contingent of authorisations shall be exempt from road taxes and charges, except in the cases referred to in paragraph 2 of this Article, on the basis of reciprocity.
2. Paragraph 1 of this Article shall not apply to:
(a) taxes contained in the fuel price;
(b) fees for the use of defined sections of motorways, bridges, tunnels and engineering installations;
(c) administrative charges for exceeding the permissible vehicle mass limit or axle load laid down by the national law of the Contracting Parties.
3. The provisions of paragraph 1 of this Article shall not apply to vehicles carrying a load for permits issued in excess of the agreed contingent of permits.
4. The fuel contained in the normal manufacturer of fixed tanks of the vehicle shall be exempt from customs duties and duties.
5. Replacement parts imported into the territory of the State of the other Contracting Party which are intended to repair a vehicle carrying out carriage under this Agreement shall be exempt from customs duties and charges. Replaced parts will be exported back to the State of registration of the vehicle or destroyed under the supervision of the customs authorities.
1. In accordance with the terms of this Agreement, the carriers of both States and the crews of their vehicles are required to comply with the national legislation in force in that State in the territory of the other State.
2. This Agreement shall not entitle the carrier of one Contracting Party to carry persons and cargo between points within the territory of the other Contracting Party. Special authorisation shall be required for such transport by the competent authorities of the Contracting Parties.
3. The authorisations and other necessary documents, as determined in accordance with the provisions of this Agreement, shall be in the vehicle to which they relate and shall be submitted on request to any authority which is entitled to require them.
4. In the event of a serious or repeated breach of the provisions of this Agreement and of the laws in force in the territory of the State of the other Contracting Party, the competent authority of the Contracting Party whose territory a vehicle is registered may, at the request of the competent authority of the Contracting Party in the territory of which the infringement occurred, take one of the following measures:
(a) to warn the carrier;
(b) exclude a vehicle temporarily from carrying out the transport operations;
(c) suspend or withdraw the authorisation issued to the responsible carrier.
The measure referred to in paragraph 4 (b) may also be imposed directly by the competent authority of the Contracting Party in the territory of which the infringement occurred.
5. The competent authorities which have taken one of the measures referred to in paragraph 4 shall inform the competent authorities of the other Contracting Party.
6. The measures referred to in this Article shall not preclude the penalties provided for by the national law of the State in whose territory the infringement has occurred.
1. The representatives of the competent authorities of both Contracting Parties shall establish a Joint Commission which shall meet each year or at the request of one Contracting Party to ensure the satisfactory implementation of this Agreement. If necessary, the Joint Commission shall, with the participation of other bodies, prepare proposals for adaptations to the Agreement in accordance with the development of transport and development of legislation.
2. The competent authorities of the Contracting Parties shall be:
- on the Czech side - Ministry of Transport and Communications of the Czech Republic,
- on the Ukrainian side - Ministry of Transport of Ukraine.
1. This Agreement shall enter into force on the 30th day following the exchange of diplomatic notes informing the Contracting Parties of the termination of the approval procedure. The date of exchange of these notes shall be the date of the later note.
2. This Agreement shall be negotiated for an indefinite period.
3. Each Contracting Party shall have the right to terminate this Agreement by informing the other Contracting Party by diplomatic means at the latest six months before the expected date of termination of the Agreement.
Dane in Kiev on 1 July 1997 in two original copies, each in the Czech, Ukrainian and Russian languages, all texts authentic. In the event of differences in the interpretation of the provisions of this Agreement, the Russian text is decisive.
For the Government of the Czech Republic:
Martin Roman v. r.
Minister for Transport and Communications
For the Government of Ukraine:
Mikola Petrovich Kruglov v. r.
Minister for Transport
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 19 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Ukraine on International Road Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1999 |
|---|---|
| Effective from | 07.01.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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