Communication from the Ministry of Foreign Affairs No. 249 / 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 Slovenia on International Road Transport
Valid
International Treaty
Effective from 02.10.1999
Text versions:
11.11.1999
249
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 21 March 1997 the Agreement between the Government of the Czech Republic and the Government of the Republic of Slovenia on International Road Transport was signed in Prague.
The Agreement entered into force on 2 October 1999 pursuant to Article 14 (1) 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 Republic of Slovenia on international road transport
the Government of the Czech Republic and the Government of the Republic of Slovenia (hereinafter referred to as the "Contracting Parties'),
Desiring to promote the mutually beneficial development of trade and economic relations and to facilitate and regulate the international road transport of persons and the costs between the two States and transit through them, while respecting environmental and road safety requirements,
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 Slovenia and transit through their territory by carriers of States of both Contracting Parties authorised to do so under their national law.
(2) The competent authority of the State of the Contracting Party for the implementation of this Agreement shall:
- in the Czech Republic, the Ministry of Transport and Communications,
- in the Republic of Slovenia, the Ministry of Transport and Communications.
PERSONAL 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 scheduled bus service between the States of the Contracting Parties and transit through their territory must be authorised by the competent authorities of the Contracting Parties by mutual agreement.
(3) 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.
(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, the term "shuttle service 'shall mean a service in which pre-formed groups of passengers are transported by several journeys back and forth from the same starting point in the territory of the 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 arrival 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 directly by the carrier to the competent authority of the other Contracting Party, no later than 30 days before the required date of launch of the shuttle service.
(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 operation in question, and the confirmation concerning the place of accommodation and residence.
(4) The Joint Commission established pursuant to Article 13 of this Agreement shall be empowered to agree on the manner and procedure for issuing authorisations and on all relevant documents.
(1) The term "occasional 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 ("closed-door journeys");
(b) a transport operation whereby a carrier having its registered office in the State of one Contracting Party transports a group of passengers to the State of the other Contracting Party and the bus leaves the territory of the other State 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 opening of the occasional service.
(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 pursuant to Article 13 of this Agreement may agree on inspection documents for occasional passenger services.
COST TRANSPORT
(1) A carrier established in the territory of a State 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 shall allow one journey back and forth to and from the territory of the State of the other Contracting Party, including the transport of re-cargo, or one transit journey back and one transit journey back through that territory.
(3) 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.
(4) 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.
(5) Authorisations issued for a given year shall be valid from 1 January of that year to 31 January of the following year.
(6) The Joint Committee established pursuant to Article 13 or, where necessary, the competent authorities of the two Contracting Parties shall agree on the annual contingent and the types of authorisations with a view to developing reciprocal economic relations and the needs of foreign trade, and the competent authorities shall exchange agreed numbers of authorisations.
The authorisations referred to in Article 6 (1) and (3) of this Agreement shall not be required for:
(a) transport of costs to and from airports in the event of an unforeseen departure of flights;
(b) the transport of crashed or broken vehicles and their trailers;
(c) transport of the deceased;
(d) the transport of the removal costs by designated special vehicles;
(e) the transport of mail;
(f) the transport of objects, equipment and animals for theatrical, musical and other cultural performances, for exhibitions and fairs, for sports and recreational purposes, for circus performances or funfair or for film, radio or television shooting, provided that such objects, equipment or animals are imported or exported temporarily;
(g) the transport of bees and fish snails;
(h) the transport of medical and other material to assist in natural disasters and the transport of humanitarian costs;
(i) empty vehicles which replace broken vehicles and complete the original transport of cargo;
(j) technical assistance vehicles designed to repair or remove broken vehicles;
(k) vehicles with a useful mass, including a trailer, not exceeding 3 500 kg, or the total weight, including a trailer, not exceeding 6 000 kg;
(l) transport connected to combined transport where the road network will be used to the extent agreed by the Joint Commission established pursuant to Article 13.
(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) The Contracting Parties shall notify each other of the authorities referred to in paragraph 2.
GENERAL PROVISIONS
Special authorisation by its competent authority shall be required for the carriage of persons or goods between two locations within the territory of the State of the other Contracting Party.
(1) This Agreement shall be without prejudice to the rights and obligations of each Contracting Party under other international 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 freight transport operations within the territory of the State of the other Contracting Party for authorisation under an agreed contingent pursuant to Article 6 of the Agreement or the carriage referred to in Article 7 of the Agreement, as well as vehicles carrying out international passenger transport operations as referred to in Article 2 (1), shall be subject to 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 for the use of certain sections or categories of roads, bridges, tunnels or ferries, to the same extent applicable to vehicles registered in the States of both Contracting Parties;
(c) administrative charges relating to transfers pursuant to Article 8;
(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 6 of the Agreement.
(4) The propellants contained in conventional vehicles, fixed-in vehicles, 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 courts or other authorities of the State in whose territory the national legislation has been infringed.
(1) The 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, environmental protection and road safety in the territory of the States Parties to 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, the Agreement shall expire six months after the date of notification to the other Contracting Party.
Dane in Prague on 21 March 1997 in two original copies, each in the Czech and Slovenian languages, the two texts being equally authentic.
For the Government of the Czech Republic:
Martin Roman v. r.
Minister for Transport and Communications
For the Government of the Republic of Slovenia:
Anton Bergauer v. r.
Minister for Transport and Communications
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 249 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Slovenia on International Road Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.11.1999 |
|---|---|
| Effective from | 02.10.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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