Decree of the Minister for Foreign Affairs No. 80 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Swiss Federal Council on International Road Passenger and Freight Transport
Valid
Effective from 15.01.1976
80
DECLARATION
Minister for Foreign Affairs
of 27 March 1976
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Swiss Federal Council on international road passenger and freight transport
On 17 December 1975, the Agreement between the Government of the Czechoslovak Socialist Republic and the Swiss Federal Council on International Road Passenger and Freight Transport was signed in Prague. Pursuant to Article 11 thereof, the Agreement entered into force on 15 January 1976.
The Czech version of the Agreement is hereby published at the same time.
First Deputy Minister:
Krajčir v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Swiss Federal Council on International Road Passenger and Freight Transport
The Government of the Czechoslovak Socialist Republic and the Swiss Federal Council in an effort to facilitate international cooperation in the field of road passenger and freight transport between the two states and transit through their territories have agreed as follows:
Scope
The provisions of this Agreement shall apply to the carriage of passengers and goods by road, carried out on own account or on a foreign account from or on the territory of one of the Contracting Parties, as well as by transit through those territories by vehicles which are admitted to service in the territory of the other Contracting Party.
Determination of terms
1. The term "transport undertaking 'refers to a natural or legal person who is entitled to carry, either in the Czechoslovak Socialist Republic or in Switzerland, persons or costs by road for his own account or for a foreign account under the rules in force in those States.
2. The term "vehicle 'refers to a mechanically propelled road vehicle, including a trailer or semi-trailer, belonging to, designed or equipped for the transport of persons or goods. Passenger vehicles with a maximum of nine seats, including the driver's seat, do not fall within this term.
Passenger transport services
1. The carriage of passengers shall be exempt from the authorisation procedure if the same persons are carrying the same vehicle; and
(a) in the case of a circular trip which begins and ends in the territory of the Contracting Party where the vehicle is allowed to operate; or
(b) in the case of a journey starting in the territory of the Contracting Party where the vehicle is admitted to service and ending in the territory of the other Contracting Party if the vehicle returns empty; or
(c) in the case of a transit journey, carried out as a sightseeing or occasional journey.
2. There must be a passenger list in the vehicle.
3. For all journeys not referred to in paragraph 1, authorisation or concession shall be required under the national legal order of the Contracting Parties.
Transfers of costs
1. Carriage of costs between the territories of both Contracting Parties or transit through the territory of the other Contracting Party shall be subject to an authorisation procedure.
2. Transfers from the territory of the other Contracting Party to a third State or from a third State to the territory of the other Contracting Party shall be assimilated to the transports referred to in paragraph 1; however, authorisations shall be granted only where the territory of the Contracting Party where the vehicle is allowed to operate.
3. The following shall be excluded from the authorisation procedure:
(a) the transport of air mail in the diversion of air services;
(b) transport of the uppers moved;
(c) transport of objects for fairs and exhibitions,
(d) the transport of objects of art and works of art;
(e) the transport of material (including animals) for artists, entertainment, circus groups, revue and similar performances,
(f) transport of material for theatrical, musical and sporting performances (including transport of racing horses, racing cars and boats);
(g) transport of damaged vehicles;
(h) the transport of live animals (except cattle);
(i) the transport of corpses;
(j) transport for disaster relief.
National transport
Nothing in this Agreement shall give transport undertakings of one Contracting Party the right to carry passengers other than those carried while travelling or to carry out domestic freight services in the territory of the other Contracting Party. The transport of temporarily imported material for exhibitions or other time-limited enterprises is an exception.
Application of national law
Save as otherwise provided in this Agreement, the rules of law in force in that territory shall apply to transport undertakings and drivers of vehicles in the territory of the other Contracting Party.
Customs
1. The fuels contained in normal tanks of temporarily imported vehicles are not subject to any import charges, import bans and import restrictions.
2. The spare parts to be used for the repair of a temporarily imported vehicle shall be admitted for temporary importation, subject to exemption from import charges, import bans and import restrictions. The competent authorities of the Contracting Parties may issue temporary import certificates for the customs clearance of such spare parts. Replaced parts must be exported, cleared or destroyed under the supervision of the customs authorities.
Infringement of the Agreement
1. The competent authority of one Contracting Party may refuse entry into its sovereign territory for a certain period of time to the transport undertakings of the other Contracting Party which have grossly or repeatedly infringed the provisions of this Agreement or the provisions relating to road transport or traffic; criminal penalties under national law remain unaffected.
2. The competent authority of one Contracting Party which has taken such action or learned of the infringement shall inform the competent authority of the other Contracting Party.
Competent authorities
The Contracting Parties shall communicate to each other the authorities responsible for implementing this Agreement. These organs are in direct contact with each other.
Joint Commission
A Joint Commission, composed of representatives of the competent authorities of both Contracting Parties, will be set up to discuss issues arising from the implementation of this Agreement.
Validity of the Agreement
1. This Agreement shall enter into force as soon as the Contracting Parties have notified each other in writing that the constitutional conditions for its validity have been fulfilled.
2. The Agreement shall be valid for one year from the date of entry into force. If it is not denounced by one of the Contracting Parties three months before the expiry date, it shall be extended by an additional year each time.
To prove it, the agents signed this agreement.
Dane in Prague on 17 December 1975 in two copies, each in the Czech and German languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Ing. Vladimir Blažek v. r.
For
The Swiss Federal Council:
Jean-Denis Grandjean v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 80 / 1976 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Swiss Federal Council on International Road Passenger and Freight Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.1976 |
|---|---|
| Effective from | 15.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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