Communication from the Ministry of Foreign Affairs No. 199 / 1997 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 the Federal Republic of Germany on international road passenger and freight transport
Valid
International Treaty
Effective from 19.06.1997
Text versions:
28.08.1997
199
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on international road passenger and freight transport was signed in Prague on 19 June 1997.
The Agreement entered into force on 19 June 1997 pursuant to Article 21 (1) thereof. The Agreement between the Government of the Czech Republic and the Slovak Federal Republic and the Government of the Federal Republic of Germany on international road freight transport of 28 October 1992, published under No 644 / 1992 Coll., and the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on international passenger road transport of 19 July 1993, published under No 224 / 1993 Coll.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech Republic and the Government of the Federal Republic of Germany on international road passenger and freight transport
the Government of the Czech Republic and the Government of the Federal Republic of Germany,
led by the desire to contribute to the mutually beneficial development of trade and economic relations,
in order to adapt and facilitate road passenger and freight transport across borders between the two States and in transit through their sovereign territories on the basis of equality and mutual benefit,
agree as follows:
This Agreement provides for the carriage of persons and goods in international road transport between the Czech Republic and the Federal Republic of Germany and in transit by such States by carriers authorised to carry out such transport.
Passenger transport
(1) Passenger transport within the meaning of this Agreement is the transport of persons and their baggage by bus and by passenger cars (taxis and leased vehicles) for their own account or for the account of a third. It also includes empty journeys related to these transport services.
(2) Road motor vehicles capable of carrying more than nine persons (including the driver) shall be regarded as buses.
Motor road vehicles which are qualified by their design and equipment and are intended for the transport of not more than nine persons (including the driver) shall be regarded as passenger cars.
(1) Line services are regular services of passengers in designated transport connections according to predefined and published timetables, fares and conditions under which passengers can board and perform at predefined stops. It also includes services which are essentially carried out as regular services.
(2) Line services within the meaning of this Agreement are also, irrespective of who determines the course of journeys, regular services of certain categories of persons excluding other passengers, provided that they have the character of regular services in accordance with paragraph 1. These types of transport, in particular the transport of workers to and from the workplace to and from their residence and the transport of pupils to and from the schools, are referred to as "special forms of regular transport '.
(3) The competent authorities of the two Contracting Parties shall be authorised to carry out regular services between the two States or to transit regular services. The authorisation shall be granted by mutual agreement in accordance with the applicable legislation of the State of the Contracting Party concerned. Authorisation may be granted for a period of up to five years.
(4) Changes in lines, stops, timetables, fare and tariff conditions require prior approval by the competent authorities of both Contracting Parties. The same applies to the cessation of operation.
(5) Requests for regular services by carriers of one Contracting Party as well as requests pursuant to paragraph 4 shall be submitted with the opinion of the Ministry of Transport of that Contracting Party directly to the Ministry of Transport of the other Contracting Party.
(6) Applications under paragraphs 4 and 5 shall contain in particular the following information:
1. the name and surname or company as well as the full address of the applicant carrier;
2. the mode of transport;
3. the required period of validity of the authorisation;
4. the period of operation and the number of journeys (e.g. daily, weekly);
5. timetable;
6. precise line guidance (passenger entry and exit stops / other stops / border crossings);
7. length of line in km: driving back / forth;
8. distance travelled per day;
9. Driver driving and rest periods;
10. the number of seating positions in the vehicles to be used;
11. fare and fare conditions.
(1) Shuttle transport is a transport service in which the previously created groups of passengers are transported by multiple trips back and forth from the same starting area to the same destination area. These groups of passengers that have been transported to the target area will be transported back to the starting point on a later journey. The initial and target areas are the point of entry and destination, as well as those within a 50 km radius. The shuttle service must include, in addition to the transport performance, accommodation for a group of passengers with or without meals at the destination and, where appropriate, during the journey. The first ride back and the last ride there in a series of shuttle rides must be empty.
(2) Where passengers are travelling back with a group other than those provided for in paragraph 1, but with the agreement of the competent authorities of one or both Contracting Parties, this shall not interfere with the competence of the service for shuttle services.
(3) For shuttle services, authorisation by the competent authority of the other Contracting Party is always required. An application for authorisation shall be submitted directly to the Ministry of Transport of the other Contracting Party. It is to be submitted no later than 60 days before the start of transport.
(4) In addition to the information referred to in Article 3 (6), applications for a shuttle permit referred to in paragraph 3 shall contain the dates of the journeys, the number of journeys and the location and hotels or other facilities in which the passengers will be accommodated during their stay and the time of stay.
(5) The principles of the authorisation procedure for shuttle services, authorisation forms, inspection documents and competent authorities will be agreed, where necessary, by the Joint Commission established pursuant to Article 18.
(1) Occasionally, transport shall be non-regular services within the meaning of Article 3 (1) or shuttle services within the meaning of Article 4.
(2) The occasional transport between the two States or transit shall not require authorisation where:
(a) the journey by the same vehicle on the whole route in which the same group of passengers returning to the starting point is carried (circling with closed doors),
(b) transport where passengers are transported there and the return journey is empty (empty return journeys),
(c) empty journeys there in order to re-load and transport back to the starting point a group of passengers previously transported by the same carrier in accordance with (b).
(3) On occasional services, passengers may not board or leave on the journey unless authorised by the competent authority of the Contracting Party concerned.
(4) Occasionally services which do not comply with the provisions of paragraph 2 always require the authorisation of the competent authority of the other Contracting Party. An application for authorisation shall be submitted directly to the competent authority of the other Contracting Party. It shall be submitted at least four weeks before commencing operations.
(5) In particular, the applications referred to in paragraph 4 shall contain the following particulars:
1. the surname and the name or company as well as the full address of the carrier and, where appropriate, the route organiser who has given the transport authorisation;
2. the purpose of the journey (description);
3. the point of departure and destination, the State in which the group of passengers was created;
4. the route of travel with border crossing points;
5. dates of trips back and forth with details of whether the return journey will be empty or occupied;
6. driving and rest periods for drivers;
7. vehicle registration numbers;
8. Number of seating positions in vehicles to be deployed.
(6) Inspection documents for occasional shipments not subject to authorisation will be agreed in the Joint Commission established pursuant to Article 18.
(1) Authorisations to be granted pursuant to Article 3 (3), Article 4 (3), Article 5 (3) and (4) may be used only by the carrier to which they have been granted. It shall not be transmitted to another carrier or used in the case of occasional carriage for vehicles other than those indicated in the authorisation. In the context of regular services, the carrier to whom the authorisation has been granted may use the contracting carrier. They need not be mentioned in the authorisation document, but they must carry an official copy of that document.
(2) Transport of persons with start and end within the sovereign territory of a State of one Contracting Party by vehicles registered in the sovereign territory of the State of the other Contracting Party is not permitted (cabotage ban). The Joint Committee established under Article 18 may agree on specific rules on a case-by-case basis.
Freight transport
Carriers need the authorisation of the competent authority of the other Contracting Party for carriage in commercial road freight transport between the sovereign territory of the State of the Contracting Party in which the motor vehicle is registered and the sovereign territory of the State of the other Contracting Party, as well as in transit through the sovereign territory of the State of the other Contracting Party.
(1) The authorisation granted to the carrier is valid only for the carrier and is non-transferable.
(2) Authorisation is needed for each truck and for each tractor. It shall apply simultaneously to towed trailers or saddle semi-trailers regardless of their place of registration.
(3) The authorisation shall be valid for transport between the two States and transit for one or more trips back and forth within the time period indicated in the authorisation (one-off permit) or for any number of journeys during the period indicated therein (time permit).
(4) Transfers between the sovereign territory of the State of the other Contracting Party and a third State shall be permitted only if the vehicle passes through the State in which it is registered on the usual road.
(5) Freight transport between two places situated in the sovereign territory of a State of one Contracting Party shall not be permitted by carriers established in the State of the other Contracting Party. The Joint Commission established pursuant to Article 18 may, on a case-by-case basis, agree exemptions for the deployment of special means of transport.
(6) For commercial freight transport under this Agreement, a bill of lading is required, the form of which must correspond to an internationally common model.
(1) Authorisation under Article 7 does not require transport
1. cases of motor vehicles whose permissible total mass, including the total weight of the trailer, does not exceed 6 tonnes or whose permissible useful mass, including the trailer, does not exceed 3,5 tonnes;
2. Moved uppers (domestic tools);
3. objects of art and works of art;
4. articles and equipment intended for sports, theatrical, musical and film performances, fairs and exhibitions or for radio, television or film shooting, provided that such articles or equipment are imported or exported for a transitional period only;
5. dead bodies or ashes of the dead;
6. air mail to or from airports for the diversion of air services;
7. postal services;
8. Damaged or repairing goods vehicles (re-transport);
9. medicines, medical devices and equipment, as well as other goods intended to provide emergency assistance (especially in natural disasters);
10. live animals;
11. baggage in trailers;
12. valuable goods (e.g. noble metals) in special vehicles which are accompanied by police or other security forces;
13. the cost of vehicles between places in border zones in the Czech Republic and the Federal Republic of Germany, if the total distance of transport does not exceed 100 km by air. The border zones are 25 km by air lines on both sides of the national border (a list of places in the border zone exchanged within the Joint Commission established pursuant to Article 18 is valid);
14. journeys of empty motor vehicles, unless they are commercial vehicles.
(2) The Joint Commission established under Article 18 may exempt further shipments from the authorisation scheme.
(3) The authorisation referred to in Article 7 shall not be necessary for transport in racing. In the case of such shipments, it is necessary to carry documents showing that the transport is a racing operation.
(1) Authorisations for carriers from the Czech Republic will be granted by the Federal Ministry of Transport of the Federal Republic of Germany and issued by the Ministry of Transport and Communications of the Czech Republic or by its authorised authorities.
(2) Authorisations for carriers from the Federal Republic of Germany will be granted by the Ministry of Transport and Communications of the Czech Republic and issued by the Federal Ministry of Transport of the Federal Republic of Germany or by the authorities authorised by it.
(1) The Joint Commission established pursuant to Article 18 shall agree on the number of authorisations available to both Parties annually. The agreed number of authorisations may be amended where necessary by the Joint Commission established pursuant to Article 18.
(2) The content and form of authorisations shall be determined by the Joint Commission established in accordance with Article 18.
General provisions
When carrying out shipments and empty journeys under this Agreement, all check-in and entry charges (customs duty, import tax on turnover and mineral oil tax) and the obligation to be authorised to import the following goods into the territory of the other Contracting Party shall be waived for each Contracting Party:
(a) propellants which are transported in the main tanks adapted for the model of the motor vehicle and technically and constructively linked to its fuel system as well as in fuel tanks for refrigeration equipment or other equipment on trucks or special containers. Any restrictions on quantities shall result from the legislation in force in the Contracting State concerned;
(b) lubricants in quantities corresponding to normal operating consumption during transport;
(c) spare parts and tools for the maintenance of a vehicle transiting across national borders; unused spare parts as well as replaced old parts shall be re-exported, destroyed or disposed of in accordance with the provisions applicable in the sovereign territory of the State of the Contracting Party concerned.
Authorisations, inspection documents or other necessary documents shall be carried with them on all journeys in the vehicle, submitted on request to representatives of the competent inspection authorities and submitted for inspection. The inspection documents shall be duly completed before the start of the journey.
(1) Vehicles registered in the sovereign territory of a State of one Contracting Party must comply with the laws on the weight, dimensions and axle load applicable here in the sovereign territory of the State of the other Contracting Party.
(2) If the mass, dimensions or axle load exceeds the permissible limits applicable in the sovereign territory of the State of the Contracting Party, a special authorisation by the competent authority of that Contracting Party shall be required for the vehicle before the journey begins. If the permit limits the journey of that vehicle to a specific route, the transport may take place only on that route.
In international road transport, the Contracting Parties will promote the use of vehicles with low noise and low emissions of harmful substances as well as vehicles with high levels of driving safety technology.
(1) Carriers of one Contracting Party shall comply with the provisions of the legislation on the transport and operation of vehicles as well as the customs provisions applicable in the sovereign territory of the State of the other Contracting Party.
(2) Where a carrier or its travelling staff is in breach of the legislation in force in the sovereign territory of the State of the other Contracting Party or of the provisions of this Agreement, the competent authorities of the Contracting Party, in the sovereign territory of whose State the vehicle is registered, may, at the request of the competent authority of the Contracting Party, take the following measures in the sovereign territory of the State of which the infringement has occurred under the legislation currently in force:
(a) an alert by the responsible carrier on compliance with the applicable rules (warning);
(b) temporary exclusion from transport;
(c) cease to issue authorisations to the responsible carrier or withdraw an authorisation already granted for the period for which the competent authority of the other Contracting Party has excluded the carrier from service.
(3) The measure referred to in paragraph 2 (b) may also be implemented directly by the competent authority of the Contracting Party in its sovereign territory.
(4) The competent authorities of both Contracting Parties shall inform each other of the measures taken under national law.
Where personal data are transmitted under national law under this Agreement, the following provisions shall apply, taking into account the legislation in force in each Contracting Party's State:
1. The use of data by the recipient shall be permitted only for the purpose and under conditions laid down by the transmitting authority.
2. The recipient shall inform the transmitting authority on request of the use of the data transmitted and of the results thus achieved.
3. Personal data may be communicated only to the competent authorities. Further transmission of such data to other locations may only take place with the prior consent of the transmitting authority.
4. The place of transmission shall be responsible for ensuring the accuracy of the data communicated as well as for the necessity and proportionality in relation to the purpose of the communication. In doing so, the prohibitions on communications in force under the relevant national rules must be observed. If it appears that an incorrect indication or data which may not have been transmitted has been transmitted, the recipient shall be notified immediately. He is obliged to repair or destroy the data.
5. The person concerned should be provided with the information communicated to him on request, as well as the intended purpose of their use. Where the public interest in failure to provide information outweighs the interest of the person concerned in providing the report, it shall not be obliged to provide information. In other cases, the right of the person concerned to information on it shall be governed by the national law of the Contracting Party in whose territory the information is requested.
6. Where specific deadlines for erasure exist under the national legislation applicable to the transferring site in relation to the personal data transmitted, the transferring location shall be notified. Depending on these deadlines, the personal data transmitted must be deleted as soon as it is no longer necessary for the purpose for which they were communicated.
7. The transferring and receiving points shall indicate the transmission and receipt of personal data in the files.
8. The transferring and receiving points shall effectively protect the personal data communicated against unauthorised access, unauthorised change and unauthorised disclosure.
The representatives of the competent authorities of both Contracting Parties shall establish a Joint Commission. It will meet, if necessary, to ensure the proper implementation of this Agreement, to discuss other issues relating to international road transport within the meaning of this Agreement, and to resolve, by agreement, any issues at issue which arise. If necessary, the Joint Commission shall draw up proposals to adapt the Agreement to the development of transport and amended legislation. Experts from other sites may participate.
(1) The competent authorities responsible for implementing this Agreement shall be:
- the Federal Republic of Germany: Federal Ministry of Transport and Authorisation pursuant to Article 3 (3) and (4), Article 4 (2) and (3) and Article 14 (2), authorisation authorities of countries;
- for the Czech Republic: Ministry of Transport and Communications of the Czech Republic.
(2) The Contracting Parties shall communicate to each other any amendment concerning the competent authorities.
This Agreement shall not affect the obligations of the Contracting Parties under other international agreements, inter alia, those of the Federal Republic of Germany arising from membership of the European Union.
(1) This Agreement shall enter into force on the date of signature. After its entry into force, the Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Federal Republic of Germany on international road freight transport of 28 October 1992 will cease to apply with regard to transport relations between the Czech Republic and the Federal Republic of Germany and the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on international passenger road transport of 19 July 1993.
(2) The Agreement is negotiated for an indefinite period. Each Contracting Party may be denounced in writing. In this case, this Agreement shall cease to apply six months after the notification of the other Contracting Party.
Dane in Prague on 19 June 1997 in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government
Czech Republic:
Ing. Martin Roman v. r.
Minister for Transport and Communications
For the Government
Federal Republic of Germany:
Heinrich Horsten v. r.
Chargé d'affaires a.i.
Matthias Wissmann v. r.
Federal Minister for Transport
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 199 / 1997 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on international road passenger and freight transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.1997 |
|---|---|
| Effective from | 19.06.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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