Communication from the Ministry of Foreign Affairs No 89 / 1997 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 Latvia on international road transport
Valid
International Treaty
Effective from 08.11.1996
Text versions:
30.04.1997
89
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that the Agreement between the Government of the Czech Republic and the Government of the Republic of Latvia on international road transport was signed in Budapest on 29 May 1996.
The Agreement entered into force on 8 November 1996 on the basis of Article 13 (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 Latvia
concerning international road transport
the Government of the Czech Republic and the Government of the Republic of Latvia ("the Contracting Parties'),
Desiring to promote the mutually beneficial development of trade and economic relations and to facilitate and regulate international road transport of persons and the costs between their states and transit through them,
agree as follows:
(1) The provisions of this Agreement shall apply to the international carriage of persons by road and the cost of payment or remuneration, or for own account, between the Czech Republic and the Republic of Latvia and transit through one or the other State carried out by carriers of both Contracting Parties authorised to do so under the national legislation of the competent State by vehicles registered in that State.
(2) This Agreement shall be without prejudice to the rights and obligations of each Party arising from the provisions of other international agreements binding on each Party.
Passenger transport
(1) Passenger transport under this Agreement is the transport of persons and their baggage by bus. It also includes empty bus journeys related to this transport.
(2) The term "bus" means a road motor vehicle intended for the carriage of persons with more than eight seating positions in addition to the driver's seat.
(1) The term "scheduled bus service" means the transport where the transport takes place on a pre-approved route, in accordance with a preapproved timetable and fare, with passengers boarding and leaving at pre-approved stops.
(2) Any scheduled bus route between the States of the Contracting Parties and transit through their territory must be authorised, by mutual agreement, by the competent authorities of the Contracting Parties under the national law of each Contracting Party. The competent authority of each Contracting Party shall issue an authorisation for a part of the scheduled bus service in the territory of the Contracting Party.
(3) An application for authorisation shall be submitted to the competent authority of the Contracting Party where the applicant's principal registered office is situated or, in the case of a natural person, his residence and in the State of which the vehicles are registered.
(4) The application referred to in paragraph 3 of this Article shall contain the following particulars:
(a) the name of the carrier and its full company address and, in the case of a natural person, the full address of its place of residence;
(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) the route of the line identifying all stops for the boarding and exit of passengers, including border crossings;
(g) length of the route in kilometres (for driving back and forth);
(h) driving time and rest of drivers;
(i) fare and fare conditions.
(5) The competent authority of one Contracting Party shall forward the request with all the prescribed information and its opinion to the competent authority of the other Contracting Party.
(6) The authorisation granted shall be valid for a maximum period of five years and may be renewed at the request of the carrier.
(1) Shuttle transport means transport where pre-formed groups of passengers are transported by several trips back and forth from the same starting area to the same destination area. The same groups of passengers that have been transported to the target area must later be transported back to the original starting area. The initial area and the target area are the point of origin of the journey and the point of destination of the journey, including those situated within 50 kilometres of them. The shuttle service includes, in addition to its own transport, 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 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.
(3) The application for authorisation referred to in paragraph 2 of this Article shall include the name of the carrier and his full company address and, in the case of a natural person, the full address of his residence, the number of journeys and the date of each of them and their 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 residence of the passengers at the place of destination.
(4) The Joint Committee established under Article 12 of this Agreement may agree, where necessary, on the details of the authorisation procedure, the forms to be used and other related matters.
(1) Occasionally passenger transport means transport other than those referred to in Articles 3 and 4 of this Agreement.
(2) The occasional passenger transport between the two States or transit through their territory does not require authorisation if the same group of passengers is carried and if:
(a) a sightseeing journey which begins and is to end in the State of registration of the vehicle, provided that a group of passengers is transported back to the point of departure ("closed door ride") by the same vehicle;
(b) a journey with passengers starting in a place situated in the State of registration of the vehicle and ending in the territory of the other Contracting Party or of any other State, provided that the vehicle returns to the State of registration empty;
(c) an empty journey there, provided that all passengers board at the same place where they were previously transported by the same carrier by the journey referred to in (b) above and are transported back to the State where the vehicle is registered.
(3) Occasionally passenger transport which does not comply with the provisions of paragraph 2 of this Article shall be subject to the authorisation of the competent authority of the other Contracting Party under the national legislation in force in its territory.
(4) The Joint Commission referred to in Article 12 of this Agreement may agree on a document for occasional passenger transport and other matters relating to such transport.
Freight transport
(1) The carrier of one Contracting Party shall be authorised to carry out international carriage of goods by road between the two States, transit through the territory of the State of the other Contracting Party or transport of costs to and from third States, unless otherwise provided for in the Joint Commission referred to in Article 12 of this Agreement. A one-off permit authorises a carrier of one State to take one journey back and forth.
(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) Nothing in this Agreement shall authorise a carrier of one Contracting Party to carry costs between two points in the territory of the other Contracting Party. Special authorisation shall be required for such transport.
(1) The authorisations referred to in Article 6 of this Agreement are not required for:
(a) 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 removed uppers by specialised vehicles which have been designed and equipped 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) funeral services;
(e) the transport of costs to and from airports for the diversion of air services;
(f) the transport of mail;
(g) transport of crashed or broken vehicles;
(h) the transport of humanitarian consignments needed in emergency situations, in particular in natural disasters;
(i) the transport of live animals in specialised vehicles;
(j) the transport of bees and fish hatching;
(k) the empty journey of a replacement vehicle used for the carriage of cargo, sent for replacement of a vehicle which has broken down in the other State, and the continuation of carriage by a replacement vehicle using a permit issued for a vehicle which has broken down;
(l) maintenance and service vehicles providing assistance to broken or crashed vehicles;
(m) transport connected to combined transport where the road network will be used to the extent provided for by the Joint Commission established under Article 12 of this Agreement.
(2) The driver of a vehicle carrying out any transport referred to in paragraph 1 of this Article shall have all the necessary documents showing clearly that such transport is authorised under one of the provisions of this paragraph.
(1) The authorisations provided for in Article 6 of this Agreement will be:
(a) granted to Czech hauliers for vehicles registered in the Czech Republic by the Ministry of Transport of the Republic of Latvia and issued via the Ministry of Transport of the Czech Republic or any authority authorised by it;
b) Granted to Latvian carriers for vehicles registered in the Republic of Latvia by the Ministry of Transport of the Czech Republic through the Ministry of Transport of the Republic of Latvia or any authority entrusted to it.
(2) For this purpose, the competent authorities of the Contracting Parties shall exchange the necessary forms of authorisations which have not been completed.
(3) The Joint Commission referred to in Article 12 of this Agreement will agree on the annual contingent and type of authorisation for each Contracting Party, taking into account the development of economic relations and the needs of the external trade of both Contracting Parties.
(4) The Joint Commission referred to in Article 12 of this Agreement 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) Where the mass or dimensions of a vehicle or combination registered in the territory of the State of one Contracting Party carrying out a transport operation exceed the permitted limit in the State of the other Contracting Party, a special authorisation shall be obtained from the competent authority of that Contracting Party before the shipment begins.
(3) The carriers of both Contracting Parties will comply with the provisions of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) when transporting dangerous goods.
Final provisions
(1) In the light of the provisions of this Agreement, the carriers of both States and the crews of their vehicles must comply with its applicable legislation in the territory of the State of the other Contracting Party.
(2) The authorisations and other necessary documents required under this Agreement must be in the vehicles to which they relate and must be submitted at the request of any authority which is authorised to check them.
(3) In the event of a serious or repeated infringement of the provisions of this Agreement, as well as of the legislation in force in the other State by the carrier or crew of his vehicle, the competent authority of the State in which the vehicle is registered may, at the request of the competent authority of the State in which the infringement occurred,
(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.
(4) The competent authority which has taken one of the measures referred to in paragraph 3 of this Article shall inform the competent authority of the other Contracting Party accordingly.
(5) The provisions of this Article shall not preclude other legal penalties which may be applied in accordance with the law of the State in which the infringement occurred.
(1) Vehicles which are registered in the territory of a State of one Contracting Party and are temporarily imported into the territory of the State of the other Contracting Party for the purpose of carrying out cargo shipments within the contingent of authorisations referred to in Article 8 and of the carriage referred to in Article 7 or of passenger services under this Agreement shall be exempt from taxes and charges levied using roads and performance.
(2) However, this exemption does not apply to road, bridge and other similar charges which are always required on the basis of the principle of non-discrimination.
(3) With regard to the vehicles referred to in paragraph 1 of this Article, they shall be exempt from customs duties:
(a) vehicles as such,
(b) fuel contained in normal vehicles by the manufacturer of fixed fuel tanks;
(c) spare parts imported into the territory of the other Contracting Party which are intended to repair a broken vehicle. The replacement parts shall be re-exported or destroyed under the supervision of the competent customs authorities of the other Contracting Party.
(1) Representatives of the competent authorities of both Contracting Parties shall establish a Joint Commission to ensure the proper implementation of this Agreement. The Joint Commission shall meet at the request of the competent authority of one of the Contracting Parties alternately in the States of the Contracting Parties.
(2) For the purposes of this Agreement, the competent authorities shall:
- in the Czech Republic, the Ministry of Transport,
- in the Republic of Latvia, the Ministry of Transport.
(1) This Agreement shall be subject to approval in accordance with the legislation 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 notifying such approval. The date of the note exchange shall be the date of the later note.
(2) This Agreement shall remain in force until one of the Contracting Parties denies it by written notification to the other Party with six months' notice.
Dane in Budapest on 29 May 1996 in two original copies, each in Czech, Latvian and English, each of which is equally authentic and has the same legal force. In the event of a dispute, the text in English will be decisive.
For the Government of the Czech Republic:
Ing. Ivan Foltýn v. r.
Deputy Minister for Transport
For the Government of the Republic of Latvia:
Vilis Krištopans v. r.
Minister for Transport
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 89 / 1997 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Republic of Latvia on International Road Transport |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1997 |
|---|---|
| Effective from | 08.11.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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