Communication from the Ministry of Foreign Affairs No 343 / 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 Moldova on international road transport
Valid
International Treaty
Effective from 11.11.1999
Text versions:
23.12.1999
343
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 Moldova on international road transport was signed in Copenhagen on 26 May 1998.
The Agreement entered into force on 11 November 1999 pursuant to 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 and Communications.
AGREEMENT
between the Government of the Czech Republic and the Government of the Republic of Moldova on international road transport
The Government of the Czech Republic and the Government of the Republic of Moldova (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 goods between their states and transit through their territories,
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 Moldova and transit through their territory by carriers of States of both Contracting Parties authorised to do so under the national legislation of the competent State.
(2) This Agreement shall be without prejudice to the rights and obligations of each Contracting Party arising from other international road transport agreements.
(3) The competent authority for the implementation of this Agreement shall:
- in the Czech Republic, the Ministry of Transport and Communications,
- in the Republic of Moldova, the Ministry of Transport and the Road Economy.
1. "Transport" means driving by vehicle either loaded or empty, even if the vehicle, trailer or semi-trailer is transported by train or boat in part of the journey.
2. "Carrier" shall mean a natural or legal person who has its registered office in the territory of one of the Contracting Parties and is legally entitled in the State of his registered office to carry out international road transport operations of persons and / or goods for hire or reward under the relevant national law.
3. "Vehicle" means a motor vehicle
- as such or a set of vehicles,
- intended for the carriage by road of persons or goods,
- made available by the carrier by its ownership or through a lease or leasing contract.
4. "Bus" means a road motor vehicle designed and intended for the transport of persons with more than eight seating positions in addition to the driver's seat.
5. "Regular bus service" means a service carried out on a pre-approved route, according to a pre-approved timetable and fare, with passengers boarding and leaving at departure and arrival points, as well as at approved travel stops.
6. "Special regular bus line" means a regular bus line which is accessible only to certain categories of passengers.
7. "Shuttle service" means a service in which preformed groups of passengers are transported by several trips back and forth from the same starting area to the same destination area. 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.
8. "Occasionally passenger transport" means transport which does not fall under either the definition of a regular bus service or the definition of a shuttle service.
PERSONAL TRANSPORT
(1) 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 on the basis of their mutual agreement and under the relevant national law of those States. The competent authority of each Contracting Party shall issue an authorisation for a part of the scheduled bus service in the territory of that Contracting Party.
(2) An application for authorisation shall be submitted to the competent authority of the Contracting Party where the applicant has its registered office and where his vehicles are registered.
(3) The application referred to in paragraph 2 shall contain at least the following information:
(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) fare and fare conditions.
(4) 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.
(5) The authorisation granted shall be granted for a maximum period of five years and may be renewed at the request of the carrier.
(1) Each shuttle must be authorised by the competent authority of the other Contracting Party. The application for authorisation shall be submitted directly by the applicant to the competent authority of the other Contracting Party. It shall be submitted no later than 30 days before the required shuttle start date.
(2) The application for authorisation referred to in paragraph 1 shall include the name of the carrier, its registered office or residence, and, where appropriate, the place of business with a full address, the route, the number of journeys and the date of each trip, the registration number of all buses to be used for the shuttle operation concerned and the confirmation concerning the place of accommodation and the time of stay.
(3) The competent authorities shall agree with each other and exchange a certain number of outstanding authorisation forms for shuttle services referred to in paragraph 1.
(4) The Joint Committee established under Article 12 of this Agreement may agree on details of the authorisation procedure, forms, control documents, etc.
(1) No authorisation shall be required for occasional passenger transport between the States of both 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) 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.
(2) For occasional passenger services which do not comply with paragraph 1, the authorisation of the competent authority of the other Contracting Party shall be required. An application for authorisation shall be submitted directly by the applicant to the competent authority of the other Contracting Party, no later than 30 days before the requested date of the start of the occasional service.
(3) The application referred to in paragraph 2 shall include the name of the carrier, its registered office or residence, and, where appropriate, the place of business with a full address, the type of transport, the route, the number of journeys and the date of each and the registration number of all buses to be used for occasional transport.
(4) The competent authorities of the Contracting Parties may exchange an agreed number of outstanding permit forms for occasional services referred to in paragraph 2.
(5) The Joint Commission established pursuant to Article 12 of this Agreement may agree on an inspection document for occasional passenger services.
COST TRANSPORT
(1) The carriage of goods between the territories of the States of the Contracting Parties, transit through those territories, as well as transit to and from third States shall be effected only on the basis of an authorisation issued by the competent authority of the Contracting Party in whose territory the transport is carried out.
(2) Each permit authorises one ride back and forth, stowed or empty.
(3) The authorisation may only be used by the carrier to which it has been issued and may not be transmitted to another carrier. Applies to the use of a motor vehicle without a trailer or combination of vehicles (semi-trailer or trailer) regardless of where the trailer or trailer is registered.
(1) The authorisations referred to in Article 6 of this Agreement are not required for:
(a) transport by 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) removal by undertakings having special staff and means of transport for this purpose;
(c) the transport of works of art and articles for fairs and exhibitions or for non-commercial purposes;
(d) transport for the non-commercial purposes of goods, accessories and animals from or to theatrical, musical, film, sports or circus performances, fairs or funfair parks, as well as goods, accessories and animals intended for radio, film or television shoot;
(e) funeral services,
(f) transport of damaged or damaged vehicles;
(g) the transport of mail;
(h) the transport of medical supplies and equipment needed in emergency situations, in particular in natural disasters and humanitarian needs;
(i) prior to or following combined transport, where the road network will be used to the extent agreed by the Joint Commission established pursuant to Article 12;
(j) the transport of live animals in vehicles specially designed or permanently rebuilt for the transport of live animals.
(2) The exemptions provided for in paragraph 1 (c) and (d) of this Article apply only where the cargo is to be returned to the State where the vehicle is registered.
(3) The Joint Commission referred to in Article 12 of this Agreement is authorised to supplement or amend, in accordance with national law, the list of categories of transport which do not require authorisation.
(1) Authorisation under Article 6 of this Agreement
(a) Grants the Ministry of Transport and Communications of the Czech Republic to Moldova carriers for vehicles registered in the Republic of Moldova through the Ministry of Transport and Road Economy of the Republic of Moldova or any authority entrusted to it;
b) Grants to Czech carriers for vehicles registered in the Czech Republic the Ministry of Transport and Road Economy of the Republic of Moldova through the Ministry of Transport and Communications of the Czech Republic or any authority entrusted by it.
For this purpose, the competent authorities shall exchange the necessary blank authorisation forms.
(2) The Joint Commission referred to in Article 12 shall agree on the annual contingent and types of authorisations for each Contracting Party with regard to the development of economic relations and the need for foreign trade by the States of the Contracting Parties.
(3) The Joint Commission referred to in Article 12 shall agree on the content and model of each type of authorisation.
(4) The authorisations of each current year are valid until 31 January of next year inclusive.
(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 Contracting Party, a special permit shall be obtained from the competent authority of that Contracting Party before the transport begins.
FINAL PROVISIONS
(1) Vehicles registered in the State of one Contracting Party and carrying out road transport operations within or through the territory of the State of the other Contracting Party for authorisation from the agreed annual contingent of authorisation referred to in Article 8 or the transport referred to in Article 7 shall be exempt from all taxes and administrative charges, except in the cases referred to in paragraph 2 of this Article.
(2) The exemptions provided for in paragraph 1 do not apply to:
(a) taxes included in the price of fuel;
(b) fees which apply equally to vehicles registered in the States of both Contracting Parties for the use of certain sections and categories of infrastructure, bridges, tunnels or ferries;
(c) administrative charges relating to transfers carried out pursuant to Article 9;
(d) the tax included in the price of the repair of the vehicle when the repair is carried out in the State of the other Contracting Party.
(3) The fuels contained in the standard, manufacturer-built, fixed fuel tanks of vehicles (up to a maximum of 200 litres) are exempt from customs duties, taxes and charges levied on importation.
(4) Replacement parts imported temporarily into the other State for repair of a transport vehicle under this Agreement shall be exempt from customs duties, taxes and charges levied on importation. Parts which have been replaced shall be re-exported or destroyed under the supervision of the customs authorities.
(1) In addition to the provisions of this Agreement, the carriers of both States and the crews of their vehicles shall be required to comply with the laws in force in that State and all relevant international agreements by which both Contracting Parties are bound.
(2) 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.
(3) The authorisation may only be used by the carrier to which it has been issued and may not be transmitted to another carrier.
(4) The carriage of persons or goods by a carrier having its registered office in the territory of one Contracting Party shall be prohibited between two points in the territory of the other Contracting Party. A special authorisation issued by the competent authority of the other Contracting Party shall be required for such transport.
(5) 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 State where the vehicle is registered may, at the request of the competent authority of the State in which the infringement took place:
(a) to issue a warning; or
(b) suspend temporarily, partially or completely the authorisation of the carrier to carry out transport operations within the territory of the other Contracting Party.
(6) The competent authority which has taken one of the measures referred to in paragraph 3 shall inform the competent authority of the other Contracting Party accordingly.
(7) 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 competent authorities of the Contracting Parties shall establish a Joint Commission to ensure that normal issues which may arise in connection with the use and interpretation of this Agreement are addressed.
(2) The Joint Commission shall meet at the request of one or the other competent authority. The meetings shall be held alternately in the territories of the States of the Contracting Parties.
By mutual agreement of the Contracting Parties to this Agreement, amendments and additions contained in the Additional Protocol, which shall form an integral part of the Agreement, may be added. The Protocol shall enter into force in accordance with Article 14 of this Agreement.
(1) This Agreement shall enter into force on the 30th day following that of the written notes by which the Parties have informed each other by diplomatic means of the fulfilment of the national procedures necessary for its entry into force.
(2) This Agreement shall be concluded for a period of five years. It shall be automatically extended from five to five years, unless either Party informs the other Party in writing by diplomatic means, at least six months before the expiry of this Agreement, of its intention to terminate it.
Dane in Copenhagen on 26 May 1998 in two original copies, each in Czech, Moldova and English, each of which is equally authentic. In the event of differences in the interpretation of the provisions of this Agreement, the text in English shall be decisive.
For the Government of the Czech Republic:
Petr Moos v. r.
Minister for Transport and Communications
For the Government of the Republic of Moldova:
Iurie Gheorghita v. r.
Deputy Minister for Transport and Road Economy
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 343 / 1999 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Moldova on International Road Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1999 |
|---|---|
| Effective from | 11.11.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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