Communication from the Ministry of Foreign Affairs No. 253 / 1996 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 Belarus on international road transport
Valid
International Treaty
Effective from 16.08.1996
Text versions:
25.09.1996
253
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 Republic of Belarus on international road transport was signed in Budapest on 29 May 1996.
The Agreement entered into force on 16 August 1996 pursuant to Article 14 (1) thereof.
The Czech version of the Agreement is published at the same time, in the English version, which is relevant for its interpretation, at 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 Belarus
concerning international road transport
the Government of the Czech Republic and the Government of the Republic of Belarus (hereinafter referred to as the "Contracting Parties'), wishing to promote the mutually beneficial development of trade and economic relations and to facilitate and regulate international road transport of persons and costs between the Czech Republic and the Republic of Belarus and transit through their territory,
agree as follows:
(1) The provisions of this Agreement shall apply to the international carriage of persons and goods by road between the Czech Republic and the Republic of Belarus and transit through their territory by carriers of States of both Contracting Parties authorised to do so under the national law of the States of the Contracting Parties.
(2) The competent authority of the Contracting Party for the purposes of this Agreement shall be:
- in the case of the Czech Republic - Ministry of Transport
- in the case of the Republic of Belarus - Ministry of Transport and Communications.
PERSONAL TRANSPORT
(1) Passenger transport under this Agreement is the transport of persons and their baggage by bus for consideration or for its own account. It also includes empty journeys related to such transport.
(2) The term "bus" means any motor road vehicle intended for the transport of persons with more than eight seating positions in addition to the driver's seat.
(1) The term "scheduled bus service" means transport where transport is carried out on a pre-approved route, according to a pre-approved timetable and fare, while passengers board and perform at departure and arrival points as well as at approved travelling stops.
(2) Each scheduled bus route 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) An application for authorisation is submitted by the carrier to the competent authority of the State of the Contracting Party where the vehicle is registered.
(4) The application referred to in paragraph 3 shall contain at least the following particulars:
(a) the name and full address of the carrier;
(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) the length of the route for driving back and forth;
(h) driving time and rest of drivers;
(i) fare and fare conditions;
(j) the number of seats on the bus.
(5) The competent authority of the Contracting Party referred to in paragraph 3 shall forward the application with all the prescribed information and its opinion to the competent authority of the other Contracting Party, which shall decide, in accordance with national law, to issue an authorisation for a part of the regular service on its territory.
(6) The authorisation granted may be granted for a maximum period of five years and may be renewed in agreement with the competent authorities of the Contracting Parties.
(1) For the purposes of this Agreement, "shuttle service 'shall mean a service in which pre-formed groups of passengers are transported by several trips back and forth from the same starting point in the territory of a State of one Contracting Party to the same destination area in the territory of a State of the other Contracting Party or a third State. The same groups of passengers that have been transported to the target area must later be transported back to the baseline area. The initial and target areas shall comprise the point of departure and the point of destination, as well as those situated within a 50 km road distance. The shuttle service includes, in addition to its own, accommodation for groups of passengers at the place of destination. 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 to the competent authority of the Contracting Party where the vehicles are registered. It shall be submitted no later than 30 days before the required shuttle start date.
(3) The application for authorisation referred to in paragraph 2 of this Article shall include the name of the carrier and its full address, the number of journeys and the date of each of them and the 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 the time of stay.
(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 under Article 13 of this Agreement may agree on details of the authorisation procedure, forms, control documents, etc.
(1) "occasional passenger transport" includes all transport other than those referred to in Articles 3 and 4 of this Agreement.
(2) The occasional passenger transport between the States of the Contracting Parties or transit through their territory shall not be subject to an authorisation procedure where the following cases are concerned:
(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 ("driving with closed doors");
(b) a transport operation whereby the carrier of one Contracting Party brings a group of passengers into the territory of the State of the other Contracting Party and the bus leaves that territory empty.
(3) Occasionally passenger transport which does not comply with paragraph 2 is subject to the authorisation of the competent authority of the other Contracting Party. The application for authorisation shall be submitted to the competent authority of the Contracting Party where the vehicles are registered no later than 30 days before the required start of occasional transport.
(4) The application referred to in paragraph 3 shall include the name of the carrier, its full address, the mode of transport, the number of journeys, the date of each of them and their breakdown and registration numbers of all buses used for occasional transport.
(5) The competent authorities of the Contracting Parties shall exchange the agreed number of authorisations for occasional shipments referred to in paragraph 3 of this Article.
(6) The Joint Commission may approve inspection documents for occasional passenger services.
COST 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 to and from the territory of the State of the other Contracting Party or to transit through that territory, except in the cases referred to in Article 7.
(2) Authorisations may be used only by the carrier to which they have been issued. Applies to the use of a motor vehicle without a trailer or combination of vehicles (semi-trailer or trailer) regardless of the State of registration of the towed semi-trailer or trailer.
(3) A single authorisation shall allow one journey back and forth to the territory of the State of the other Contracting Party, including the transport of the re-load, or one transit journey back and forth through that territory.
(4) The authorisation may be used for the carriage of cargo between the State of the other Contracting Party and a third country, provided that, when using the normal road, it passes through the territory of the State of the Contracting Party in which the motor vehicle is registered. In other cases, specific (third) authorisation is required.
(5) A special authorisation by the competent authority of that Contracting Party shall be required for the carriage of goods 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 where the useful weight, including trailers, does not exceed 3,5 tonnes;
(b) the transport of the uppers moved 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) the transport of dead bodies and ashes;
(e) the transport of mail;
(f) transport of crashed or broken vehicles;
(g) the transport of humanitarian consignments required in emergency situations, in particular in natural disasters;
(h) transport linked to combined transport. The scope of the road network shall be determined by the Joint Commission.
(1) The authorisations provided for in Article 6 (1) and (4) of this Agreement shall be allocated as follows:
(a) Czech authorisations shall be issued to Belarusian carriers for vehicles registered in the Republic of Belarus by the Ministry of Transport and Communications of the Republic of Belarus or by its authorised authority;
b) Belarusian permits will be issued to Czech hauliers for vehicles registered in the Czech Republic by the Ministry of Transport of the Czech Republic or by its authorised authority.
(2) The Joint Committee shall agree on the annual number and types of authorisations for each Contracting Party in the light of the development of economic relations and the needs of external trade of both Contracting Parties. To this end, the competent authorities shall exchange the necessary numbers of authorisation forms.
(3) The Joint Commission shall agree on the content and model of each type of authorisation.
(1) As regards the mass 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 Contracting Party, a special authorisation shall be obtained from the responsible authority of that Contracting Party before the transport begins.
(3) The Contracting Parties shall inform each other of the competent authorities referred to in paragraph 2.
GENERAL PROVISIONS
(1) Vehicles which are registered in the State of one Contracting Party and carry out international freight services to or through the territory of the State of the other Contracting Party for authorisation in the context of an agreed contingent pursuant to Article 8 or the transport referred to in Article 7 shall be subject to reciprocal exemption from all taxes and administrative charges, except in the cases referred to in paragraph 2 of this Article.
(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 and categories of roads, bridges, tunnels or ferries;
(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.
(4) The propellants contained in normal vehicles by the manufacturer of fixed fuel tanks shall be 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.
(1) In addition to the provisions of this Agreement, the carriers of both States and the crews of their vehicles shall comply with the laws and regulations in force in that State, including the relevant customs legislation, and all relevant international and multilateral agreements binding on both Parties.
(2) This Agreement shall be without prejudice to the rights and obligations of each Contracting Party resulting from other Treaties in force in the territory of the States of the Contracting Parties.
(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) In the event of a serious or repeated breach of the provisions of this Agreement, as well as of other national legislation in force in the other State by the carrier or crew of his vehicle, the competent authority of the State where the vehicle is registered may, at the request of the competent authority of the State where the infringement occurred, take the following measures:
(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.
The measures referred to in point (b) of this Article may also be imposed by the competent authority of the Contracting Party in whose territory the infringement has occurred.
(2) The competent authority which has taken one of the measures referred to in paragraph 1 shall inform the competent authority of the other Contracting Party.
(3) The provisions of this Article shall not preclude penalties which may be imposed by a court or other competent authority of the State in whose territory the national provisions have been infringed.
(1) The competent authorities of the Contracting Parties shall establish a Joint Commission. In addition to the tasks referred to in the previous Articles of this Agreement, the Joint Commission shall supervise the correct implementation of the provisions of this Agreement and propose to the Parties measures to improve and facilitate road transport under this Agreement.
(2) This Joint Commission shall meet at the request of the competent authority of either Contracting Party and shall be held alternately in the territory of one of the two States.
(3) All matters relating to 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 matter will be dealt with by the two Parties.
(1) This Agreement shall be subject to approval in accordance with the national law in force in the States of the Contracting Parties and shall enter into force on the 30th day following the exchange of diplomatic notes between the Contracting Parties confirming such approval. The date of the note exchange shall be the date of the later of them.
(2) The Agreement is concluded for an indefinite period. Each Party may denounce this Agreement in writing to the other Party with six months' notice. In this case, this Agreement shall expire six months after the date of service of the diplomatic note to the other Contracting Party.
Dane in Budapest on 29 May 1996 in two original copies, each in Czech, Belarusian and English, all texts being equally authentic. In the case of any discrepancies in the interpretation, the English text is considered decisive.
For the Government
Czech Republic:
Ing. Ivan Foltýn v. r.
Deputy Minister for Transport
For the Government
Republic of Belarus:
Aleksandr Vasilievich Lukejov v. r.
Minister for Transport and Communications
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 253 / 1996 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Belarus on International Road Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1996 |
|---|---|
| Effective from | 16.08.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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