Communication from the Ministry of Foreign Affairs No. 215 / 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 Republic of Uzbekistan on international passenger transport and road transport costs

Valid International Treaty Effective from 23.09.1999
Text versions: 28.09.1999
215
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that an Agreement was signed in Tashkent on 20 April 1999 between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on international passenger transport and road transport costs.
The Agreement entered into force on 23 September 1999 pursuant to Article 24 (1) 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 the Republic of Uzbekistan on international passenger transport and road transport costs
the Government of the Czech Republic and the Government of the Republic of Uzbekistan (hereinafter referred to as the "Contracting Parties'),
seeking to help develop mutually beneficial trade and economic relations between the two States,
Desiring to develop, on the basis of reciprocity, road passenger transport and costs between the two States and in transit through their territories; and
Desiring to facilitate such transport,
agree as follows:
Under this Agreement, irregular carriage of passengers and freight between the two States and transit through their territory through roads open to international road transport by motor vehicles registered in the territory of the States of the Contracting Parties shall take place.
I. Definitions
For the purposes of this Agreement:
(a) the term "carrier" shall mean a natural or legal person who has its registered office or, in the case of a natural person, a permanent residence situated in the territory of a State of one of the Contracting Parties and is entitled to carry out the carriage of passengers and freight by motor vehicles in accordance with the laws in force in his State;
(b) the term "motor vehicle" means:
- passenger transport: a motor vehicle designed for the carriage of passengers, having at least nine seats, other than the driver's seat, as well as a trailer or special goods vehicle for the carriage of luggage;
- when transporting goods: a truck, a truck with a trailer, a tractor or a tractor with a trailer;
(c) the term "irregular transport" shall mean carriage by legal or natural persons, transport of passengers to the place of destination (tourist services with closed doors, shuttle services, etc.);
(d) the term "transit" shall mean the transport of passengers and costs through the territory of a State of one of the Contracting Parties where the starting point and the destination point are situated outside the territory of that State of that Contracting Party.
The competent authorities of the Contracting Parties responsible for implementing the relevant provisions of this Agreement shall be:
in the Czech Republic:
Ministry of Transport and Communications and Ministry of Finance,
in the Republic of Uzbekistan:
Uzbek Agency for Automotive and River Transport, Ministry of Interior of the Uzbek Republic, group "Kondododor."
II. Passenger transport
(1) An authorisation issued by the competent authorities of the Contracting Parties shall be required for the irregular carriage of passengers between the two States or in transit through their territory, with the exception of those referred to in Article 5 of this Agreement.
(2) A separate authorisation shall be issued for each passenger transport operation, except those referred to in Article 5 of this Agreement, which authorises one journey back and forth, unless otherwise provided for in its own authorisation. The authorisation shall contain details of the type of transport and the time of residence of the motor vehicle in the country of destination and the registration number of that vehicle.
(3) Each year, the competent authorities of the Contracting Parties shall send each other an agreed number of permit forms for irregular passenger transport. Such forms shall bear the stamp and signature of the authorised person of the competent authority which issued the authorisation.
(1) No authorisation is required for irregular passenger transport:
(a) if the same motor vehicle is used to carry the same group of passengers all the way from and to the territory of the State of the Contracting Party in which the motor vehicle is registered;
(b) starting in the territory of the State of the Contracting Party in which the motor vehicle is registered and ending in the territory of the State of the other Contracting Party, provided that the motor vehicle returns empty to the State in which it is registered;
(c) where an empty motor vehicle is used to enter the territory of the State of the other Contracting Party from which it transports to the State of registration a group of passengers previously transported by the motor vehicle of the same carrier.
(2) No authorisation is also required for replacement of a mobile motor vehicle by another vehicle.
(3) The driver of a motor vehicle shall have a passenger list when carrying out the operations referred to in paragraph 1 of this Article.
III. Freight transport
(1) Transfers of costs from the territory of a State of one Contracting Party to the territory of the State of the other Contracting Party as well as in transit from a third State, with the exception of those referred to in Article 7 of this Agreement, shall be carried out by motor vehicles on the basis of authorisations issued by the competent authorities of the Contracting Parties.
(2) A separate permit shall be issued for each shipment of costs, which entitles one journey to be carried out there and back, unless otherwise provided in its own authorisation. The authorisation shall be issued for each motor vehicle and shall apply only to the carrier to whom the authorisation has been granted.
(1) The authorisations provided for in Article 6 of this Agreement are not required for the following types of transport (including empty journeys linked thereto):
(a) uppers moved;
(b) exhibits, equipment and materials intended for trade fairs and exhibitions;
(c) vehicles, animals and various inventories and items intended for sporting events;
(d) theatre decorations and scenery, musical instruments, equipment and accessories for film, television and radio shooting;
(e) bodies and remains of the deceased;
(f) cars with a useful weight of up to 3,5 tonnes and a total weight of up to and including 6 tonnes;
(g) towing of damaged or broken motor vehicles;
(h) mail;
(i) items for humanitarian aid.
(2) The exemptions referred to in paragraph 1 (b), (c) and (d) of this Article shall apply only if the cargo is to be returned to the State where the motor vehicle is registered or transported to a third State.
(1) Transfers of dangerous goods within the territories of the States of the Contracting Parties shall be carried out on the basis of the national legislation of the States of the Contracting Parties and specific authorisations issued by the competent authorities.
(2) Where the dimensions or masses of a laden or empty motor vehicle exceed those laid down in the national legislation of the State of the other Contracting Party, the carrier must obtain a special authorisation from the competent authorities of the other Contracting Party.
(3) Where the transport routes are laid down in the authorisations referred to in paragraphs 1 and 2 of this Article, transport must take place on those routes.
Transfers of costs covered by this Agreement shall be carried out using loading lists the form of which shall conform to the normal international model.
IV. General provisions
(1) Motor vehicles registered in the States of the Contracting Parties carrying out the transport operations referred to in Article 6 or in Article 7 of this Agreement shall be exempt from taxes and charges levied on the importation, transit and ownership or possession of motor vehicles on the territory of the other State, as well as from administrative charges and taxes levied on the use of the infrastructure.
(2) The exemptions referred to in paragraph 1 of this Article do not apply to:
(a) taxes included in the price of fuel;
(b) charges equally applicable to vehicles registered in the territories of the States of the two Contracting Parties, using certain sections and categories of infrastructure, bridges and tunnels;
(c) specific charges relating to shipments carried out pursuant to Article 8;
(d) taxes included in the price of the repair of the vehicle when the repair is carried out in the territory of the State of the other Contracting Party.
(1) Motor vehicles carrying out international transport must bear the registration mark and the international registration number of their State. Trailers and semi-trailers may have national registration plates and international registration plates of other States on condition that lorries and tractors have national registration plates and international registration plates of the States of the Contracting Parties.
(2) Transfers under this Agreement may be carried out only by carriers authorised under the legislation of their State to carry out international transport operations.
Carriers from a State of one Contracting Party may not carry passengers and cargo between two places which are in the territory of the State of the other Contracting Party or the territory of the State of the other Contracting Party in the territory of a third State and from the territory of a third State in the territory of the State of the other Contracting Party unless they have received a special authorisation from the competent authority of the other Contracting Party.
The carriage of passengers and goods under this Agreement shall be carried out under the conditions of compulsory insurance of the carrier's statutory liability for damage caused to third parties. Any motor vehicle carrying out such transport shall be subject to insurance.
(1) In the event of any infringement of the provisions of this Agreement, the competent authorities of a Contracting Party, in the territory of which a motor vehicle is registered, shall, at the request of the competent authorities of the other Contracting Party, in the territory of which the infringement occurred, be required to take one of the following measures, irrespective of the national legislation in force:
(a) to warn the carrier;
(b) to issue a warning to the carrier, together with a warning that any further breach will result in temporary or permanent exclusion from the allocation of the authorisation for carriage referred to in point (c) of this Article;
(c) exclude the carrier temporarily or permanently from the allocation of authorisations granted under this Agreement.
(2) The competent authorities of the Contracting Parties shall inform each other of the measures taken.
(3) The provisions of this Article shall not restrict the rights of judicial and administrative authorities of a State to apply penalties under national law for infringements committed in that State.
(1) For border, customs, sanitary and phytosanitary checks at border crossing points, the provisions of the national law of the States of the Contracting Parties as well as the international treaties by which the States of the Contracting Parties are bound apply.
(2) In the event of total or temporary cessation of transit or transit of any goods through the territory of a State of one of the Contracting Parties by the competent authority, the Contracting Parties shall inform each other in due time.
Border, customs and sanitary checks shall be carried out outside the order in respect of the transport of severely ill animals and the transport of live animals and perishable costs.
(1) When carrying out shipments under this Agreement, the following materials shall be exempt from customs duties, charges and authorisations:
(a) fuel contained in tanks intended for a given type of motor vehicle, both technologically and constructively connected to the engine intake system. This shall apply only to fuel contained in tanks connected to motor vehicles and motor tractors, as well as fuel contained in tanks connected to trailers and semi-trailers and intended for the propulsion of refrigerating aggregates;
(b) lubricants required for use during transport;
(c) spare parts and tools intended for the repair of a motor vehicle carrying out transport.
(2) Unused spare parts shall be re-exported and the parts which have been replaced shall also be re-exported from the State or surrendered or destroyed in accordance with the procedures established in the State of the Contracting Party concerned.
(1) The driver of a motor vehicle shall have a national or international driving licence corresponding to the category of motor vehicle he drives and national technical documents relating to the motor vehicle.
(2) National and international driving licences must conform to the model prescribed by the International Convention on Road Traffic of 8 November 1968.
(3) The authorisations and other documents required under the provisions of this Agreement must be in the motor vehicle to which they belong and must be submitted at the request of the competent control authorities.
Payments under this Agreement shall be made in accordance with national law.
The carrier and the crew of a motor vehicle registered in the territory of a State of one of the Contracting Parties shall comply with the road traffic rules and the national legislation of the State in whose territory the motor vehicle is currently located.
Issues which are not covered by this Agreement or by international agreements to which the States of both Contracting Parties are parties shall be dealt with in accordance with the national law of the States of the Contracting Parties.
(1) With a view to the implementation of this Agreement, as well as to resolving any dispute concerning the implementation or interpretation of this Agreement, the Parties shall establish a Joint Commission composed of representatives of the competent authorities of the Parties.
(2) The Joint Commission shall meet at the request of one of the Contracting Parties alternately on the territory of the Czech Republic and the Republic of Uzbekistan.
(3) If one Contracting Party proposes to amend or supplement this Agreement, these amendments and additions shall be discussed by the Joint Commission. Amendments and additions shall enter into force upon their confirmation by means of an exchange of diplomatic notes.
This Agreement shall be without prejudice to the rights and obligations of the Contracting Parties arising from other international agreements to which the Contracting Parties are Contracting Parties.
(1) This Agreement shall enter into force 30 days after the date of service of the later of the written notes of the Contracting Parties informing the Contracting Parties of the fulfilment of the national procedures necessary for the entry into force of this Agreement.
(2) This Agreement shall be concluded for a period of five years and shall be automatically extended by one year thereafter, unless either Contracting Party informs the other Contracting Party in writing, not later than 6 (6) months before the end of the relevant period, of its intention to terminate it.
Dane in Tashkent on 20 April 1999 in two original copies, each in the Czech, Uzbek and Russian languages, all texts being equally authentic. In the event of differences in the interpretation of the provisions of this Agreement, the Russian language version shall be decisive.
For the Government of the Czech Republic:
Antonín Peltrám v. r.
Minister for Transport and Communications
For the Government of Uzbekistan:
Lerik Achmetovič Achmetov v. r.
Deputy Prime Minister

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Regulation Information

CitationCommunication from the Ministry of Foreign Affairs No. 215 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on international passenger transport and road transport costs
Regulation TypeInternational Treaty
Author-
CollectionCode of Laws
Date of Promulgation28.09.1999
Effective from23.09.1999
Effective until-
Status Valid
The regulation text is for informational purposes only.
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