Communication from the Ministry of Foreign Affairs No 2 / 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 the Kingdom of the Netherlands on international road transport
Valid
Effective from 01.01.1999
2
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 Kingdom of the Netherlands on international road transport was signed in Amsterdam on 31 March 1998.
The Agreement entered into force on 1 January 1999 pursuant to Article 11 (1) thereof. The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of the Netherlands on International Road Transport of 15 November 1967, published under No 75 / 1968 Coll.
The Czech version of the Agreement is hereby published at the same time. The English 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 the Kingdom of the Netherlands on international road transport
The Government of the Czech Republic and the Government of the Kingdom of the Netherlands (hereinafter referred to as the "Contracting Parties'),
Desiring to promote, in the interests of their economic relations, the development of road transport of goods and passengers to and from their states and in transit through their states,
agree as follows:
Scope
1. The provisions of this Agreement shall apply to the international carriage of goods and passengers by road to or from the territories of the Czech Republic and the Kingdom of the Netherlands, transit through, to or from third States and cabotage by carriers using vehicles as defined in Article 2 of this Agreement.
2. This Agreement shall be without prejudice to the rights and obligations of the Contracting Parties under other international agreements.
3. The application of this Agreement shall not prejudice the application of European Union law to the Kingdom of the Netherlands, as a Member State of the European Union.
Definitions
For the purposes of this Agreement:
1. the term "carrier" shall mean a person (including a legal person) who has his head office in one of the two States and is entitled to carry out road transport services of goods or persons for hire or reward under the relevant national law;
2. the term "vehicle" means a road motor vehicle or vehicle assembly, of which at least a motor vehicle is registered in the territory of the Czech Republic or the Kingdom of the Netherlands, which is used and equipped exclusively for the carriage of goods or passengers by bus;
3. the term "cabotage" means transport within the territory of the Czech Republic or the Kingdom of the Netherlands by a carrier having its registered office in the territory of a second State;
4. the term "transport" or "transport" means the journey of loaded or empty vehicles by road, even if the vehicle, trailer or semi-trailer performs part of the journey by rail or by waterway;
5. the term "host State" shall mean the territory of the State where the vehicle is located without registration and without having its registered office there;
6. the term "intermodal transport" shall mean freight transport in which a freight vehicle, trailer, semi-trailer, removable superstructure or container uses roads for the initial and / or end section of the journey and is transported, with or without towing vehicle, in the remaining section of the journey by rail, by waterway or by sea;
7. the term "competent authority" means:
- for the Kingdom of the Netherlands, the Ministry of Transport, Public Works and Water Management,
- for the Czech Republic, the Ministry of Transport and Communications,
or in both cases any person or institution entrusted with carrying out activities currently carried out by these ministries.
Market access
1. Each Contracting Party may allow a carrier established in the territory of a second State to carry out freight or passenger services:
(a) between any place in its State and any place outside that State; and
(b) in transit through the territory of their State;
subject, unless otherwise agreed by the Joint Commission, to authorisations issued by the competent authorities.
2. No authorisation shall be required for the following modes of transport or for empty journeys linked to such transport:
(a) the transport of mail as a public service;
(b) the transport of vehicles which have been damaged or damaged;
(c) the carriage of costs by motor vehicles whose total weight, including trailers, is not more than six tonnes, or whose useful weight, including trailers, does not exceed 3,5 tonnes;
(d) the transport of medical supplies and equipment or other costs needed in the event of an emergency, in particular in the event of natural disasters;
(e) carriage for own account;
(f) the transport of live animals;
(g) the transport of perishable goods;
(h) the transport of cut flowers.
3. The carrier shall not carry out cabotage operations unless he has received a specific authorisation from the competent authorities.
Mass and dimensions
(1) The masses, including axle-related masses and vehicle dimensions shall correspond to the official registration of the vehicle and shall not exceed the limits applicable in the host State.
2. Where the mass, mass and / or dimensions of a laden or empty vehicle carrying out transport pursuant to the provisions of this Agreement exceed the permitted maximum in the host State, special authorisation by the host State shall be required.
Compliance with national law
1. Carriers of both States and their vehicle crews must comply with the laws and other national legislation in force in that State when they are located in the territory of the other Contracting Party.
2. In the case of cabotage, the Joint Commission shall specify the laws and other national legislation in force in the host State.
3. The laws and other national legislation referred to in paragraphs 1 and 2 of this Article shall apply under the same conditions as to carriers having their registered office in the host State in order to avoid discrimination on grounds of nationality or registered office of the undertaking.
Infringement of the Agreement
In the event of a breach of the provisions of this Agreement by a carrier having its registered office in the territory of the Czech Republic or the Kingdom of the Netherlands, the State in whose territory the infringement has occurred shall inform the other State which shall take the measures provided for in its national laws without prejudice to its legal procedures. The Parties shall inform each other of any penalties they have imposed.
Financial matters
1. Vehicles, including their spare parts, which carry out transport operations under this Agreement shall be exempt from each other from all taxes and charges levied on the operation and ownership of vehicles, as well as from any special taxes and charges levied on shipments to the territory of the other State.
2. Taxes and charges on motor fuels, value added tax on shipments, tolls and user charges shall not be subject to this exemption.
3. Fuel contained in normal fixed tanks of vehicles incorporated by the manufacturer as well as lubricants contained in vehicles for the sole purpose of their operation shall be exempt from import duties and any other taxes and charges.
Joint Commission
1. The competent authorities of the Contracting Parties shall address all issues relating to the implementation and application of this Agreement.
2. For this purpose, the Parties shall establish a Joint Commission.
3. The Joint Commission shall meet regularly at the request of one of the Contracting Parties and shall include representatives of the Contracting Parties who may also invite road transport representatives to participate. The Joint Commission shall draw up its own rules and procedures. The Joint Committee shall meet alternately in each State. The Host State shall hold a meeting. The agenda for meetings shall be submitted by the Contracting Party hosting the meeting at least two weeks before the beginning of the meeting. The meetings shall be concluded by drawing up a Protocol signed by the Heads of Delegation of each Contracting Party.
4. Pursuant to Article 3 (1) and (3), the Joint Commission shall decide on the type and number of authorisations to be issued and the conditions applicable to market access, including aspects of the labour market. Notwithstanding Article 3 (2), the Joint Commission may extend or adapt the list of modes of transport for which authorisation is not required.
5. The Joint Commission shall pay particular attention to the following matters:
(a) the harmonious development of transport between the two States, taking into account, inter alia, relevant aspects of the environment;
(b) coordination of transport policy, transport legislation and its use by Contracting Parties at national and international level;
(c) formulating possible solutions for the competent national authorities where problems arise, in particular in the field of financial, social, customs and environmental matters, including public order matters;
(d) exchange of relevant information;
(e) the procedure for determining weights and dimensions;
(f) promoting cooperation between transport undertakings and institutions;
(g) promoting intermodal transport, including all market access issues.
Application of the Agreement to the Kingdom of the Netherlands
As regards the Kingdom of the Netherlands, this Agreement shall apply only to the territory of the Kingdom of the Netherlands in Europe.
Amendments
Any amendment to this Agreement agreed by the Parties shall enter into force on the first day of the second month following the date on which the Contracting Parties informed each other in writing that the constitutional requirements necessary in their States have been met.
Entry into force and termination
1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties inform each other in writing that the constitutional requirements necessary for the entry into force of the Agreement have been met in their States.
2. The Contracting Parties may terminate this Agreement at any time by giving written notice of six months to be sent to the other Contracting Party.
3. The Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Kingdom of the Netherlands on International Road Transport, signed in Prague on 15 November 1967, expires on the date of entry into force of this Agreement.
In order to prove the signature, duly authorised to do so, they signed this agreement.
Done at Amsterdam, 31 March 1998, in two original copies, each in the Czech, Dutch and English languages, each text being equally authentic. In the event of differences in interpretation, the English language version shall be decisive.
For the Government of the Czech Republic:
Petr Moos v. r.
Minister for Transport and Communications
For the Government of the Kingdom of the Netherlands:
Annemarie Jorritsma-Lebbink v. r.
Minister for Transport, Public Works and Water Management
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 2 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Kingdom of the Netherlands on International Road Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.01.1999 |
|---|---|
| Effective from | 01.01.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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