Decree of the Minister for Foreign Affairs No. 49 / 1965 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on International Road Transport
Valid
Effective from 19.03.1965
49
DECLARATION
Minister for Foreign Affairs
of 14 May 1965
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on international road transport
On 17 October 1964, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on international road transport was signed in Budapest.
The Agreement entered into force on 19 March 1965, on the basis of Article 35, by mutual exchange of a notice of approval.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Hungary on international road transport
The Government of the Czechoslovak Socialist Republic and the Government of the Hungarian People's Republic
the wish to regulate the carriage of persons and goods between the two States by means of public road transport, as well as transit through their territories, has been agreed by the following Agreement:
I. Passenger transport by bus
Transport of persons by bus between the two States and transit through their territories shall be subject to an authorisation procedure, with the exception of transport as defined in Article 6.
Applications for authorisation shall be submitted at least two months before the start of the shipment.
1. Regular routes between the two States or transit routes within their territories shall be authorised by mutual agreement by the competent authorities of the Contracting Parties.
2. The competent authorities of the Contracting Parties shall issue authorisations for that part of the line which passes through their territory.
3. The competent authorities of the Contracting Parties shall jointly lay down the conditions for the issue of authorisations.
1. The application for authorisation shall be submitted to the competent authority of the Contracting Party where the vehicle is registered.
2. The application must be accompanied by the necessary documentation (timetable design, fare and route, traffic time data and expected start date). The competent authorities of the Contracting Parties may also require other information they deem necessary.
3. The competent authority of one Contracting Party shall transmit to the competent authority of the other Contracting Party the applications which it is willing to approve with all the prescribed information.
For a bus service where the same persons are not carried back by the same vehicle, a permit shall be issued following an application submitted to the competent authority of the Contracting Party where the vehicle is registered and then transmitted to the competent authority of the other Contracting Party for approval.
The occasional tourist transport shall not be subject to authorisation if the same persons are transported by the same vehicle:
(a) on tours starting and ending in the country where the vehicle is registered;
(b) on journeys the starting point of which is at a point of the Contracting Party where the vehicle is registered and the destination in the territory of the other Contracting Party, provided that the vehicle returns empty to the territory of the Contracting Party where it is registered.
1. For international bus transport, a transport document to contain at least the following information shall be issued:
(a) the name of the carrier;
(b) the bus station,
(c) the registration number of the bus (trailer),
(d) the name of the driver;
(e) the name of the guide;
(f) transport route (indicating more important stops),
(g) the number of persons transported;
(h) the date of transport.
2. Each carrier shall use the transport document established with its own undertaking and complete the individual boxes in the language of its country.
II. Goods transport
All carriage of goods between the Contracting Parties or transit of goods through their territory shall be subject to authorisation, except in the cases listed in Article 9.
1. Authorisation shall not be subject to:
(a) transport of the uppers moved;
(b) the transport of corpses;
(c) transport of goods and equipment for fairs and exhibitions;
(d) transport of racing horses, racing vehicles and other sporting goods intended for sports undertakings;
e) transport of theatre decorations and requisites,
(f) transport of musical instruments, objects and equipment for radio, television and film production.
2. The exemptions referred to in (c) -f) shall apply only if the goods, articles or animals carried are brought back to the territory of the Contracting Party where the vehicle is registered or to the territory of a third State.
1. A separate permit shall be issued for each journey and for each road transport vehicle or vehicle assembly.
2. One permit entitles you to go back and forth.
Authorisations shall be issued by the competent authorities of the Contracting Party where the vehicle is registered within the limits of a contingent agreed annually by the competent authorities of both Contracting Parties on a reciprocal basis.
1. The competent authorities of the Contracting Parties shall exchange the agreed number of outstanding authorisations corresponding to the mutually agreed model.
2. Those authorities shall replace each other within one month of the end of each quarter with a copy of the authorisations issued and within one month of the end of the calendar year, return any unused authorisations to each other.
If the weight or dimensions of the vehicle or cargo being used exceed the weight or dimensions not exceeding those permitted in the territory of the Contracting Parties, a special authorisation by the competent authorities of the Contracting Parties shall be required for the carriage of the special authorisation.
In international traffic carried out by road freight vehicles, a consignment note containing at least the following particulars shall be used:
(a) the place and date of issue of the bill of lading;
(b) the name and address of the consignor;
(c) the name and address of the carrier;
(d) the place and date of presentation of the goods and the place of destination;
(e) the name and address of the consignee;
(f) the normal description of the goods and the method of packing,
(g) the number of cuts and their special marking;
(h) gross weight of goods;
(i) the instructions necessary for customs procedures and others;
(j) the signature of the consignor;
(k) the signature of the consignee.
III. Customs provisions
The Contracting Parties shall exempt each other from customs duties and charges, as well as from import bans and restrictions, of road transport vehicles and buses temporarily imported into their territory. These vehicles will be customs-registered with the obligation to re-import.
The provisions of the TIR Agreement signed in Geneva on 15 January 1959 should apply as regards the technical conditions of vehicles and tankers carrying out international road freight transport under this Agreement.
1. Each road transport truck and transport tank shall be provided with an official confirmation that the vehicle or transport tank is eligible for international transport. The model of this official document shall conform to the model set out in Annexes 5 and 8 to the TIR Treaty.
2. The use of vehicles and transport tanks shall be authorised by the competent authorities of the country where the owner or carrier is resident or registered.
3. The certificate of competence shall be placed in the vehicle or on a transport tank.
1. Cargo transported under the conditions contained in this Agreement by road vehicles or tankers fitted with a customs seal
(a) is exempt from customs duties and customs duties payable or debited at border customs offices;
(b) is generally exempt from border customs inspections.
2. However, where a suspected infringement occurs, the customs authorities shall be entitled to carry out a customs inspection of the cargo.
Where the customs clearance of the cargo transported is carried out not at the customs office of entry but at one of the inland customs offices, the customs office of entry shall be entitled to determine the route of journey up to the competent customs office of the interior.
1. The consignor shall attach to the consignment an international customs declaration or a copy of the bill of lading and sign it.
2. In case of cargo containing bulk goods, the consignor shall be obliged to attach a loading list to the consignment or, where appropriate, a signature which he is obliged to sign.
3. The international customs declaration or the bill of lading or, where appropriate, the loading note or signature shall be made out in such copies as to leave two copies for the customs authorities of the Member State of entry. The customs authorities of the exporting State shall confirm the conduct of the customs inspection during the export procedure in an international declaration or in a copy of the bill of lading.
The carrier shall be obliged to carry the cargo, transported to the territory of the other Contracting Party in an intact state and with an intact customs seal, to the customs office of destination responsible for customs inspection; the transit consignments must be transported to the exit customs office.
1. If, during a journey, an event in which a customs seal is broken, destroyed or damaged, the carrier or his agent is obliged to report the event to the nearest customs office for the purpose of drawing up the Protocol, either directly or through the nearest public authority; such notification may be made in person or by telephone.
2. In the event of an accident causing the need to transfer the load to another vehicle, the transfer of the load shall be carried out in the presence of a representative of the competent customs office who shall draw up the report.
3. Where a vehicle or a transport tank is not available which would comply with Article 16 of this Agreement, cargo may also be transferred to such a vehicle or transport tank which does not have a certificate of competence provided that the possibility of identifying the cargo is ensured.
4. If there is imminent danger, the driver may take the necessary measures at his discretion without having to wait for the customs office referred to in the first paragraph of this Article. In this case, however, the driver must demonstrate that he has acted in the interests of the vehicle or load when taking the necessary measures to avert the danger.
1. The driver and other members of the crew of the vehicle may import personal goods without duty in a quantity of a reasonable length of stay in the import or transit country.
2. Travel foodstuffs and tobacco products for personal use shall be exempt from customs duties.
1. propellants which fill the normal storage tanks of temporarily imported vehicles, as well as the quantities of propellants up to 60 litres imported in special containers, shall be exempt from customs duties and import charges and shall not be subject to import prohibitions and restrictions.
2. The competent customs authorities of the Contracting Parties may, by mutual agreement, determine the quantities of fuel imported in special containers by way of derogation from paragraph 1.
1. Replacement parts imported for repair of a vehicle which has already been imported into an alert shall be exempt from customs duties and import charges and shall not be subject to import prohibitions and restrictions. The customs authorities may, on importation, negotiate such temporary import components in an entry procedure.
2. Replaced parts which will not be re-exported shall be subject to customs duties and import charges if they are not to be surrendered to the relevant organisation free of charge under the provisions of the other Party.
The provisions of this Agreement shall be without prejudice to the right of the Contracting Parties to establish criminal proceedings under the provisions of their own law against persons who have committed a customs offence.
IV. General provisions
Without special authorisation:
(a) transport between two places situated in the territory of the other Contracting Party;
(b) transport from the territory of the other Contracting Party to the territory of a third State.
The provision of technical assistance to vehicles carrying out transport under this Agreement, as well as the supply of such vehicles by fuel and lubricants, shall be governed by a special arrangement between the competent authorities of the Contracting Parties.
The payments to be made on the basis of the obligations arising out of the provisions of this Agreement shall be settled under the payment agreement applicable between the two States.
Authorisations for carriage under this Agreement and for carriage carried out under their responsibility in the territory of the other Contracting Party shall be exempt on a reciprocal basis from charges and taxes which burden road transport.
Each Contracting Party shall notify the other Contracting Party which authorities are authorised to implement the measures foreseen in each of the Articles of this Agreement.
In the interests of the uninterrupted implementation of this Agreement, the Contracting Parties shall maintain direct contact through their competent authorities.
In the event of a breach of the provisions of this Agreement which would take place in the territory of one of the Contracting Parties, the competent authority of the State where the vehicle is registered shall, at the request of the competent authority of the other Contracting Party, apply appropriate penalties to the carrier and inform the competent authorities of the other Contracting Party accordingly.
In all cases not covered by this Agreement, the national legislation of the Contracting Parties shall apply.
1. This Agreement shall be subject to the approval of each of the Contracting Parties and shall enter into force on the date of the exchange of notes on such approval.
2. This Agreement shall remain in force for a period of one year from the date of entry into force and shall be extended silently each year unless terminated by one of the Contracting Parties three months before its expiry.
To prove it, the agents signed this agreement.
Done at Budapest, 17 October 1964 in two original copies, each in the Czech and Hungarian languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic
Jan Dufek v. r.
For the Government
Republic of Hungary
Dezsö Kiss v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 49 / 1965 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Hungarian People's Republic on International Road Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.06.1965 |
|---|---|
| Effective from | 19.03.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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