Communication from the Ministry of Foreign Affairs No 231 / 1995 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 Lithuania on international road transport
Valid
International Treaty
Effective from 04.10.1995
Text versions:
13.10.1995
231
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 the Republic of Lithuania on international road transport was signed in Prague on 13 July 1995.
The Agreement entered into force on 4 October 1995 on the basis of Article 14 (1) thereof.
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.
AGREEMENT
between the Government of the Czech Republic and the Government of the Republic of Lithuania
concerning international road transport
the Government of the Czech Republic and the Government of the Republic of Lithuania (hereinafter referred to as the "Contracting Parties'),
Desiring to promote the mutually beneficial development of trade and economic relations and to facilitate and regulate international road transport of persons and the costs 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 the Republic of Lithuania and transit through their territory by carriers of the States of the two Contracting Parties authorised to do so under the national legislation of the competent State.
(2) For the purposes of this Agreement, the competent authority of the Contracting Party shall:
- in the Czech Republic, the Ministry of Transport,
- in the Republic of Lithuania, the Ministry of Transport.
Passenger transport
(1) Passenger transport under this Agreement means the transport of persons and their baggage by bus to a foreign or own account. It also includes empty bus journeys related to this transport.
(2) The term "bus" means a road motor vehicle intended for the carriage of persons with more than eight seating positions in addition to the driver's seat.
(1) The term "scheduled bus service" means a service carried out on a pre-approved route, in accordance with a pre-approved timetable and fare, with passengers boarding and leaving at departure and arrival points as well as at approved travel stops.
(2) Any regular bus service between the States of the Contracting Parties and transit through their territories must be authorised by the competent authorities of the Contracting Parties by mutual agreement.
(3) An application for authorisation shall be submitted by the carrier to the competent authority of the Contracting Party in the State where it has its registered office or residence and where its vehicles are registered.
(4) The application referred to in paragraph 3 shall contain the following particulars:
(a) the name of the carrier, his registered office or residence and, where appropriate, the place of business with a full address;
(b) the mode of transport;
(c) the required period of validity of the authorisation;
(d) operating time and number of journeys (e.g. daily, weekly);
(e) timetable;
(f) route of the line (all stops for boarding and leaving passengers, border crossing points),
(g) length of the journey back and forth;
(h) driving time and rest of drivers;
(i) the number of seats on the bus;
(j) fare and fare conditions.
(5) The competent authority of the Contracting Party referred to in paragraph 3 shall forward the application with all the prescribed data and its opinion to the competent authority of the other Contracting Party, which shall decide to grant the authorisation for part of the scheduled bus service in its territory under its national law.
(6) The authorisation granted shall be valid for a maximum period of five years and may be renewed at the request of the carrier.
(1) For the purposes of this Agreement, shuttle services shall mean services in which pre-formed groups of passengers are transported by several journeys back and forth from the same initial area in the territory of a State of one Contracting Party to the same destination area in the territory of the other Contracting Party. The same group of passengers that have been transported to the target area must later be transported back to the starting area. The starting and destination areas are the point of entry and destination, as well as those situated within 50 km of the road. The shuttle service includes, in addition to its own transport, accommodation for groups of passengers in the target area. First ride back and last one must be empty.
(2) Each shuttle service must be authorised by the competent authority of the other Contracting Party. The application for authorisation shall be submitted by the carrier to the competent authority of the Contracting Party in the State where it has its registered office or residence and where its vehicles are registered no later than 30 days before the required date of launch.
(3) The application for authorisation referred to in paragraph 2 shall include the name of the carrier, his registered office or residence, and, where appropriate, the place of business with a full address, the number of journeys, the date of each of them and their route, the registration number of all buses to be used for the shuttle service in question, and the confirmation concerning the place of accommodation and residence.
(4) The competent authorities of the Contracting Parties shall exchange the agreed number of authorisations for shuttle services referred to in paragraph 2 of this Article.
(5) The Joint Commission established pursuant to Article 13 of this Agreement will agree on the details of the authorisation procedure, forms, control documents, 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) transport where the same bus is used to transport the same group of passengers throughout the journey to bring them back to the point of departure (journey with closed doors);
(b) transport where a group of passengers is brought by a carrier of one Contracting Party to the territory of the State of the other Contracting Party and the bus leaves that territory empty.
(3) For occasional passenger services not complying with the provisions of paragraph 2, authorisation by the competent authority of the other Contracting Party shall be required. The application for authorisation shall be submitted by the carrier to the competent authority of the Contracting Party in the State in which it has its registered office or residence and where its vehicles are registered no later than 30 days before the requested date of the start of occasional transport.
(4) The application referred to in paragraph 3 shall include the name of the carrier, his registered office or residence, and, where appropriate, the place of business with a full address, the type of transport, the number of journeys, the date of each of them and their route and the registration number of all buses to be used for occasional transport.
(5) The competent authorities of the Contracting Parties shall exchange the agreed number of authorisations for occasional services referred to in paragraph 3.
(6) The Joint Commission established under Article 13 of this Agreement will agree on the control documents for occasional passenger services.
Freight transport
(1) The carrier of one Contracting Party shall be authorised by the competent authority of the other Contracting Party to carry out international carriage of goods by road in or through the territory of the State of the other Contracting Party, except in the cases referred to in Article 7.
(2) The authorisation may be used only by the carrier to which it was issued. Applies to transport carried out by a motor vehicle without trailer or combination of vehicles (semi-trailer or trailer), regardless of the State of registration of the towed semi-trailer or trailer.
(3) The authorisation shall allow one journey back and forth to and from the territory of the State of the other Contracting Party, including the carriage of re-cargo, or one transit journey back and one transit journey back through that territory.
(4) Special authorisation shall be required for the carriage of cargo between the State of the other Contracting Party and the third State, both in the direction of the third State and from the third State.
(5) Special authorisation shall be required for the carriage of cargo between two locations within the territory of the State of the other Contracting Party.
The authorisations referred to in Article 6 (1) and (4) of this Agreement shall not be required for:
(a) the carriage of costs by motor vehicles the total weight of which, including trailers, does not exceed 6 tonnes or the useful weight of which, including trailers, does not exceed 3,5 tonnes;
(b) household removals carried out by undertakings having special staff and means of transport for this purpose;
(c) the transport of articles and equipment for theatrical, film, circus or musical performances or sporting events, exhibitions or fairs, or for radio, television or film shooting, provided that such items and equipment are imported or exported temporarily;
(d) funeral services;
(e) the transport of costs for and from airports for the diversion of air services;
(f) transport of mail,
(g) transport of crashed or broken vehicles;
(h) the transport of humanitarian consignments needed in emergency situations, in particular in natural disasters;
(i) a combined transport operation whereby the road network will be used to the extent agreed by the Joint Commission established pursuant to Article 13.
(1) The authorisations referred to in Article 6 (1) and (4) of this Agreement shall be allocated as follows:
(a) Czech authorisations are issued to Lithuanian carriers for vehicles registered in the Republic of Lithuania by the Ministry of Transport of the Republic of Lithuania;
b) Lithuanian permits are issued to Czech carriers for vehicles registered in the Czech Republic by the Ministry of Transport of the Czech Republic.
(2) The Joint Commission established pursuant to Article 13 or, where appropriate, the competent authorities of the two Contracting Parties shall agree on the annual contingent and types of authorisations with a view to the development of reciprocal economic relations and the needs of foreign trade and the competent authorities shall exchange agreed numbers of authorisations.
(1) As regards the masses and dimensions of vehicles, both Contracting Parties undertake not to apply more stringent conditions to vehicles registered in the State of the other Contracting Party 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 other Contracting Party, a special permit shall be obtained from the authority of that Contracting Party before the transport begins.
(3) A carrier of one Contracting Party intending to transport dangerous goods within the territory of the State of the other Contracting Party must obtain a special authorisation from the authority of that Contracting Party before carrying out the transport, provided that such special authorisation is required under the national legislation of the latter Contracting Party.
(4) The Contracting Parties shall notify each other of the authorities referred to in paragraphs 2 and 3.
General provisions
(1) This Agreement shall be without prejudice to the rights and obligations of each of the Contracting Parties arising from other agreements.
(2) In addition to the provisions of this Agreement, the carriers of both States and the crews of their vehicles shall be obliged to comply with the national legislation in force in that State in the territory of the other State.
(3) The authorisations and other necessary documents required under this Agreement must be in the vehicle to which they relate and must be submitted at the request of any authority of the Contracting Party which is entitled to require them.
(1) Vehicles which are registered in the State of one Contracting Party and carry out international road haulage services on the territory of the State of the other Contracting Party for authorisation under an agreed contingent pursuant to Article 8 of the Agreement or the carriage referred to in Article 7 of the Agreement shall be granted reciprocal exemption from all taxes and administrative charges, except in the cases referred to in paragraph 2.
(2) The exemptions referred to in paragraph 1 do not apply to:
(a) taxes included in the price of fuel;
(b) fees applied to vehicles registered in the States of both Contracting Parties to the same extent, using certain sections or categories of roads, bridges, tunnels or ferries; or
(c) administrative charges relating to transfers pursuant to Article 9;
(d) the tax included in the price of the repair of the vehicle where the repair is carried out in the State of the other Contracting Party.
(3) The exemptions referred to in paragraph 1 shall also not apply to international road haulage carried out on authorisations issued above an agreed contingent pursuant to Article 8 of the Agreement.
(4) The propellants contained in normal, vehicle-built fixed fuel tanks are exempt from customs duties, taxes, levies and charges levied on importation.
(5) Spare parts imported temporarily into the other State which are intended to repair the vehicle already imported shall be exempt from customs duties, taxes and charges levied on importation. The changed parts must be exported back or destroyed under the supervision of the competent customs authorities of the other State.
(1) In the event of a serious or repeated infringement of the provisions of this Agreement, as well as of other legislation in force in the other State by the carrier or crew of his vehicle, the competent authority of the Contracting Party in whose State the vehicle is registered may, at the request of the competent authority of the Contracting Party in the territory of which the infringement occurred,
(a) to give a warning to the carrier; or
(b) suspend temporarily, partially or completely the authorisation of the carrier to carry out transport operations within the territory of the State of the other Contracting Party.
(2) The competent authority which has taken one of the measures referred to in paragraph 1 must inform the competent authority of the other Contracting Party accordingly.
(3) The provisions of this Article shall not preclude penalties which may be imposed by the courts or competent authorities of the State in whose territory the national legislation has been infringed.
(1) The competent authorities of both Contracting Parties shall establish a Joint Commission. In addition to the tasks specifically set out in the previous text of this Agreement, the Joint Commission will supervise the correct implementation of the provisions of the Agreement and propose to the Parties measures to improve and facilitate road transport between the States of the two Contracting Parties under this Agreement.
(2) This Commission shall meet at the request of the competent authority of one of the Contracting Parties and shall take place alternately in the territory of the States of the Contracting Parties.
(3) Any problem concerning the interpretation or implementation of this Agreement shall be discussed at the meeting of the abovementioned Joint Commission. If the Joint Commission does not find a solution in a particular case, the problem will be addressed by the negotiations of both Parties.
(1) This Agreement shall be subject to approval under the national law of the States of the Contracting Parties and shall enter into force on the 30th day following the exchange of diplomatic notes informing the Contracting Parties of such approval. The date of exchange of these notes shall be the date of the later note.
(2) This Agreement shall be concluded for an indefinite period. Each Contracting Party may terminate this Agreement by sending a written notification to the other Contracting Party. In this case, this Agreement shall expire six months after the date of notification to the other Contracting Party.
Dane in Prague on 13 July 1995 in two original copies, each in the Czech, Lithuanian and English languages, all of which are equally authentic. In the event of a dispute in the interpretation, the English text will be decisive.
For the Government of the Czech Republic:
PhDr. Jan Stráský v. r.
Minister for Transport
For the Government of the Republic of Lithuania:
Jonas Biržiškis v. r.
Minister for Transport
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 231 / 1995 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Lithuania on International Road Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.1995 |
|---|---|
| Effective from | 04.10.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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