Communication from the Ministry of Foreign Affairs No 224 / 1993 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 passenger road transport
Valid
Effective from 19.07.1993
224
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 19 July 1993 the Agreement between the Government of the Czech Republic and the Government of the Federal Republic of Germany on International Passenger Road Transport was signed in Bonn.
The Agreement entered into force on 19 July 1993 pursuant to Article 13 thereof.
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 passenger road transport
Government of the Czech Republic and Government of the Federal Republic of Germany
the wish to adapt and support the operation of international passenger road transport has been agreed as follows:
This Agreement provides, on the basis of the national law of the Contracting Parties, for the carriage of persons in international road transport between the Czech Republic and the Federal Republic of Germany and in transit by those States by transport operators authorised in their territory to carry out such transport.
(1) Passenger transport within the meaning of this Agreement is the transport of persons and their baggage by bus and passenger cars (taxi and rented vehicles) for their own account or for the account of a third party. It also includes empty journeys related to these transport services.
(2) Motor vehicles capable of carrying more than nine persons (including the driver) shall be regarded as buses. Motor vehicles which are qualified by their design and equipment and are designed to carry 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 links according to predefined and published timetables, fares and conditions under which passengers can board and perform at predetermined stops. It also includes services which will be operated essentially 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 services, in particular the transport of workers to and from the workplace, are called "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 Contracting Party concerned. Authorisation may be granted for up to five years.
(4) In order to change lines, stops, timetables, tariffs and tariff conditions, prior approval by the competent authorities of both Contracting Parties is required. The same applies to the cessation of operation.
(5) Proposals by transport operators of one Contracting Party for the establishment of regular services, as well as proposals under 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) The proposals referred to in paragraphs (4) and (5) must contain in particular the following information:
1. the surname and the name or company as well as the full address of the applicant transport operator;
2. mode of transport,
3. the required period of validity of the authorisation,
4. operating time and number of journeys (e.g. daily, weekly),
5th timetable,
6. precise line lines (stops for passenger entry and exit / other stops, border crossings),
7. length of line in kilometres: back and forth,
8. distance travelled per day,
9. driving time and rest periods for drivers;
10. the number of seats in the buses deployed,
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) If a passenger makes a return trip with a group other than that provided for in paragraph (1) but with the agreement of the competent authorities of one or both Contracting Parties, the responsibility of the service for shuttle services shall not be compromised.
(3) For shuttle services, authorisation by the competent authority of the other Contracting Party is always required. The application for authorisation shall be submitted directly by the carrier to the competent authority of the other Contracting Party. It shall be submitted no later than 60 days before the start of transport.
(4) In addition to the information referred to in Article 3 (6), the proposals for a shuttle permit referred to in paragraph 3 shall include the dates of the trips, the number of journeys and the location and hotels or other facilities in which the passenger will be accommodated during his stay, as well as the length of stay.
(5) The principles of the authorisation procedure for shuttle services, authorisation forms, inspection documents and competent authorities shall be agreed by the Joint Commission established pursuant to Article 10, where appropriate.
(1) Occasionally, transport is non-regular services within the meaning of Article 3 (1) or shuttle services within the meaning of Article 4.
(2) Occasionally traffic between the two States or in transit does not require authorisation if:
(a) journeys carried out by the same vehicle on the whole route in which the same group of passengers is carried, returning to the starting point (circling with closed doors);
(b) transport where passengers are transported there and the return journey is empty (empty return journeys);
(c) empty journeys there to re-load and transport back to the starting point a group of passengers previously transported by the same transport operator in accordance with point (b).
(3) On occasional services, passengers may not be recruited or deployed unless authorised by the competent authority of the relevant Contracting Party.
(4) Occasionally services not complying with the provisions of paragraph (2) always require the authorisation of the competent authority of the other Contracting Party. The application for authorisation shall be submitted directly by the carrier to the competent authority of the other Contracting Party. It shall be submitted no later than four weeks before the start of transport.
(5) The proposals referred to in paragraph (4) must contain in particular the following information:
1. the surname and the name or company, as well as the full address of the transport operator and, where appropriate, the driver who has given the transport authorisation;
2. the State in which a group of passengers was created;
3. the starting and destination points;
4. the route of travel with border crossing points;
5. dates of trips back and forth,
6. driving and rest periods for drivers,
7. state registration number of means of transport,
8. Number of seats on the bus.
(6) The inspection documents for occasional shipments not subject to authorisation shall be agreed by the Joint Commission established pursuant to Article 10.
(1) The authorisation referred to in Article 3 (3), Article 4 (3) and Article 5 (3) and (4) may be used only by the transport operator to whom the authorisation has been granted. The authorisation shall not be transferred to another transport operator or used in the case of occasional services for vehicles other than those specified in the authorisation. In the context of regular services, the authorised operator may involve suboperators. They need not be included in the authorisation, but they must carry an official copy of the authorisation.
(2) The authorisations and control documents required by this Agreement or by other operating documents must be equipped with vehicles at all journeys carried out under this Agreement, submitted on request to representatives of the competent inspection offices. The inspection documents shall be completed before the journey begins.
The following shall be exempt from customs clearance charges, entry charges (customs duties, import duty on turnover and mineral oil duty) and from the obligation to have an import authorisation for the territory of the other Contracting Party when transported under this Agreement:
(a) fuel in the main tanks of the vehicle, provided that the tanks are technically and constructively connected to the vehicle as part of the vehicle: no more than 600 litres of fuel in the main tanks of the bus shall be exempt from customs duties;
(b) lubricants in the vehicle in a quantity corresponding to the normal operating requirement;
(c) spare parts and repair tools for vehicles carrying out international transport, unused spare parts and replaced old parts shall be re-exported or disposed of in accordance with the customs provisions in force in the Contracting Party concerned.
(1) Transport operators shall comply with the provisions of the legislation on the transport and operation of vehicles as well as the provisions of the customs legislation in force in the other State.
(2) The competent authorities of the Contracting Party in which the vehicle is registered shall, at the request of the competent authorities of the Contracting Party in which the infringement took place, take any of the following measures in the event of a gross or repeated infringement of the legislation in force in the other State and of the provisions of this Agreement by the transport operator or his passengers:
(a) an alert by the responsible transport operator to compliance with applicable regulations (warnings);
(b) temporary exclusion;
(c) the suspension of the authorisation of the responsible transport operator or withdrawal of the authorisation already granted for the period for which the competent authorities of the other Contracting Party have excluded the transport operator from service.
(3) The measures referred to in point (b) may also be implemented directly by the competent authorities of the Contracting Party in whose territory the infringement has occurred.
(4) The competent authorities of the Contracting Parties shall inform each other of the measures taken in accordance with their national rules on the transmission of personal data.
Where personal data are transmitted pursuant to this Agreement in accordance with national law, the following provisions shall apply:
(1) The use of data by the recipient shall be permitted only for that purpose and under conditions laid down by the authority of the transmitting Party.
(2) The recipient shall inform the authority of the transmitting Party, upon request, of the use of the data transmitted and of the results obtained.
(3) Personal data may be transmitted exclusively to the criminal prosecution authorities; further transfer to other locations may take place only with the prior consent of the transmitting authority.
(4) The transmitting authority shall ensure the accuracy of the data to be transmitted, as well as the necessity and proportionality in relation to the purpose of the transmission to the monitor, while respecting the transfer bans provided for in the relevant national law: if incorrect data or data which was not to be transmitted were transmitted, this shall be communicated to the recipient without delay. He is obliged to repair or destroy the data.
(5) Information which exists for the affected person and the intended purpose of their use should be provided on request. If the public interest outweighs the lack of such information over that affected by the communication, it shall not be provided. Otherwise, the right of the affected person to such information shall be governed by the national law of the Contracting Party from which the information is requested.
(6) Upon transmission of the information, the transmitting authority shall draw attention to the time limits laid down in its law for the deletion of such data, irrespective of such time limits, to the personal data transmitted as soon as the reason for the transfer has elapsed.
(7) The authorities entrusted with the implementation of this Agreement by the Contracting Parties are required to transmit and receive personal data to files and to protect the personal data transmitted against unauthorised access to them and their unauthorised changes and unauthorised disclosure.
Representatives of the transport ministries of both Contracting Parties shall establish a Joint Commission. The Joint Committee shall meet at the request of one Party to ensure the proper implementation of this Agreement. Where necessary, the Joint Commission shall, with the participation of other competent authorities, develop proposals to adapt the Agreement to the development of transport and amended legislation.
The Ministry of Transport of the two Contracting Parties shall communicate to each other the competent authorities referred to in Articles 3, 4, 5 and 8 of this Agreement.
The rights and obligations of the Contracting Parties to the other international agreements by which they are bound, including the obligations of the Federal Republic of Germany from membership of the European Community, shall not be affected by this Agreement.
(1) This Agreement shall enter into force on the date of signature.
(2) This Agreement shall remain in force unless one Contracting Party notifies the other Contracting Party in writing that it denies the Agreement. In such a case, the Agreement shall expire six months after receipt of the statement.
Done at Bonn, 19 July 1993 in duplicate, each in the Czech and German languages, the two texts being equally authentic.
For the Government of the Czech Republic:
PhDr. Jan Stráský v. r.
Minister for Transport
For the Government of the Federal Republic of Germany:
Dr Heinrich Dieckmann v. r.
Ministerial Director
Matthias Wissmann v. r.
Minister for Transport
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 224 / 1993 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 Passenger Road Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.08.1993 |
|---|---|
| Effective from | 19.07.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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