Communication from the Ministry of Foreign Affairs No. 257 / 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 Ireland on International Road Freight Transport
Valid
International Treaty
Effective from 13.04.1996
Text versions:
30.09.1996
257
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 Ireland on International Road Freight Transport was signed in Prague on 14 November 1995.
The Agreement entered into force on 13 April 1996 on the basis of 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 Ireland on international road freight transport
The Government of the Czech Republic and the Government of Ireland (hereinafter referred to as the "Contracting Parties'),
in order to enhance friendly relations between the two States and facilitate international road freight transport between the two States and transit by those States,
agree as follows:
Scope
The provisions of this Agreement shall apply to international road freight transport carried out by the carriers of the two States in return for payment or remuneration or on their own account between the Czech Republic and Ireland and transit through any of these States.
Definitions
For the purposes of this Agreement:
(a) 'competent authorities' means:
(i) in Ireland - Minister of Transport, Energy and Communications or any other body appointed by him;
(ii) in the Czech Republic - Ministry of Transport or other body appointed by it,
(b) the term "carrier" means a natural or legal person who is entitled either in the Czech Republic or in Ireland to carry goods by road in accordance with the relevant national laws and regulations;
(c) the term "vehicle" means any mechanically propelled road vehicle registered in the territory of the Czech Republic or Ireland which is manufactured or modified to carry goods, including a trailer or semi-trailer attached. For the purposes of this Agreement, a separate trailer or semi-trailer and a vehicle designed to carry both freight and passengers simultaneously shall also be considered as a vehicle:
(d) the term "standard fuel tanks" means tanks which are permanently incorporated by the manufacturer in all motor vehicles of the same type and which enable the fuel to be used permanently for both the propulsion of the vehicle and, where appropriate, the connected cooling system.
Authorisation
1. With the exception referred to in Article 6 of this Agreement, a carrier of one State needs authorisation, provided by the competent authority of the other State, to operate international road freight transport between the two States, including the transport of back-costs or transit by another State.
2. Authorisations shall be issued
(a) to Irish carriers, for vehicles registered in Ireland, by decision of the Minister for Transport, Energy and Communications or by any other authority authorised by him;
(b) Czech carriers, for vehicles registered in the Czech Republic, the Ministry of Transport of the Czech Republic or by another authority authorised by it.
3. Authorisations shall be issued within the framework of annual contingent fixed or modified by the Joint Commission.
4. To this end, the competent authorities shall exchange authorisation forms.
5. The authorisation may be used only by the carrier to which it was issued. Applies to the use of one motor vehicle or combination of vehicles (trailer or semi-trailer combination).
6. The authorisation shall entitle the carrier of one State to make one return journey to the other State or one transit journey back and forth through the territory of the other State. The authorisation shall be valid until 31 January of the year following that in which it was issued.
7. Any restriction on the use of a permit shall be indicated on it. The permit may contain a travel statement.
Unladen costs and journeys
1. The carrier of one State may, upon delivery of the goods to the other State, take over the goods for re-shipment.
2. The carrier of one State may, taking into account the provisions of Article 5, enter the other State with an empty vehicle in order to take over the goods for carriage or for transit by that State.
Transport from and to third States
Authorisation within the meaning of Article 3 of this Agreement may also be used for the carriage of goods between a State of one Contracting Party and a third State where the laws and regulations of a third State so permit and the provisions of the relevant agreement between the State where the vehicle is registered and a third State.
Transport without authorisation
Authorisation within the meaning of Article 3 shall not be required for the following types of transport between the two States or transit by the two States:
(a) the running of an empty vehicle;
(b) the transport of goods by the operator for his own account, provided that the following conditions are met:
(i) the goods carried must be the property of the operator or be sold, bought, given for hire or hire, produced, obtained, processed or repaired;
(ii) the purpose of the journey must be to transport or move goods to or from the operator, either on premises belonging to or outside the operator, for its own purpose;
(iii) vehicles used for such a mode of transport must be managed by the operator's staff;
(iv) vehicles carrying goods must be owned or leased by or purchased by the operator for hire or hire without driver;
(v) transport must only be an associated part of the operator's overall activity;
(c) occasional freight transport from airports, in the case of departure of air transport, and luggage trailers for buses;
(d) transport of damaged or crashed vehicles;
(e) the empty journey of an auxiliary goods vehicle sent for replacement of a vehicle which has been in an accident in another State and the continuation of transport by an ancillary vehicle to a permit issued for a vehicle which has been in an accident;
(f) funeral services,
(g) the transport of goods by motor vehicles, including trailers, with an authorised total weight not exceeding 6 tonnes, the authorised weight of which does not exceed 3,5 tonnes of the load including the trailer;
(h) the transport of articles for medical and humanitarian aid in urgent cases, in particular in natural disasters;
(i) the transport of objects and works of art;
(j) the transport of material, accessories and animals to and from theatrical, musical and film performances or sporting events, circuses, exhibitions and fairs or from radio and television broadcasts and films;
(k) transport of the uppers moved by undertakings equipped with special service and equipment for this purpose;
(l) the transport of live animals;
(m) the transport of goods not listed above by agreement of the competent authorities.
No cabotage
Carriers of one State shall not be entitled to carry out carriage between two places situated within the territory of the other State.
Compliance with laws and regulations
In addition to the provisions of this Agreement, the carriers of both States and the crews of their vehicles shall comply, during their stay in the other State, with the laws and regulations in force in that State, including those relating to the transport of dangerous substances, and with each relevant international multilateral convention binding on both Parties.
Mass and dimensions of vehicles
1. The Contracting Parties shall not apply more stringent conditions to vehicles registered in the State of the other Contracting Party than those applicable to vehicles registered in their State.
2. If the mass or dimensions of the vehicle or combination of vehicles carrying out the transport operation exceed the maximum permitted in the other State, the carrier must obtain a special permit in accordance with the laws and regulations of that State before such transport takes place.
Inspection of documents
Authorisations and other necessary documents, required in accordance with this Agreement, shall be required to be deposited by carriers in the vehicles to which they relate and shall be presented, upon request, to any authority of either Contracting Party which is entitled to require them.
Infringement of the Agreement
1. In the event of a serious or repeated breach of this Agreement by a carrier of one State in the other State, the competent authority of the State in which the infringement or infringement occurred may:
(a) warn the carrier,
(b) warn the carrier that any other breach may lead to:
(i) to cancel one or more authorisations issued to that carrier;
(ii) the temporary or permanent exclusion of vehicles owned or operated by that carrier from the State in which the infringement occurred, where no authorisation is required;
(c) issue a decision on such revocation or exclusion
and request the competent authority of the other State to deliver this decision to the carrier and not to issue authorisation to the carrier for a specified period in the cases referred to in point (c).
2. The competent authority of the State receiving such a request shall comply with it without undue delay and shall inform the competent authority of the other State accordingly.
3. The provisions of this Agreement shall not preclude penalties under the laws and regulations of the State in which the infringement occurred.
Financial provisions
1. Vehicles
(a) are registered and normally charged in one State; and
(b) are temporarily imported into the other State in accordance with the terms of this Agreement;
they shall be exempt from taxes and levies levied on the importation, operation or ownership of vehicles or traffic operations in the other State, from administrative charges and taxes on the use of infrastructure when carrying out international road transport on the basis of authorisations issued in the context of a contingent or in respect of shipments pursuant to Article 6 of this Agreement.
2. The exemptions referred to in paragraph 1 of this Article shall not apply:
(a) taxes and levies included in the price of fuel;
(b) fees, taxes and other charges for the use of sections of roads, certain bridges, tunnels or ferries of the same scope for vehicles registered in the States of both Contracting Parties;
(c) special charges incurred in connection with transport operations carried out in accordance with Article 9.
3. The fuel contained in the standard fuel tanks of the vehicle shall be exempt from taxes, levies and customs duties.
4. Spare parts imported temporarily into the other State and intended to repair the vehicle already imported shall be exempt from customs duties and all other import taxes and charges. Parts to be replaced shall be re-exported or destroyed under the supervision of the competent customs authorities of the other State.
Joint Commission
The competent authorities of both Contracting Parties shall establish a Joint Commission to ensure the satisfactory implementation of the Agreement, including the establishment of annual authorisation quotas within the meaning of Article 3 and the mutual exchange of information on the development of transport covered by this Agreement. The Joint Commission shall meet at the request of the competent authority.
Entry into force and validity
1. This Agreement shall be subject to approval in accordance with the laws and regulations in force in the States of the Parties and shall enter into force on the 30th day following the exchange of diplomatic notes by which the Parties have informed each other of such approval.
2. This Agreement shall remain in force unless one of the Contracting Parties denies it in writing with six months' notice.
Dane in Prague on 14 November 1995 in two original copies, each in Czech and English, the two texts being equally authentic.
For the Government of the Czech Republic:
Ivan Foltýn v. r.
Deputy Minister for Transport
For the Government of Ireland:
Emmet Stagg v. r.
Minister of State of the Ministry of Transport, Energy and Communications
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 257 / 1996 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of Ireland on International Road Freight Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1996 |
|---|---|
| Effective from | 13.04.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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