Decree No. 97 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on International Road Transport of Persons and Costs
Valid
Effective from 01.03.1980
97
DECLARATION
Minister for Foreign Affairs
of 5 June 1980
concerning the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the International Carriage of Persons by Road and Costs
On 28 June 1978, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on the International Carriage of Persons by Road was signed in Lisbon. The Agreement entered into force on 1 March 1980 pursuant to Article 15 thereof.
The Czech translation of the text of the Agreement is announced simultaneously.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on international road transport of persons and costs
The Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic in an effort to develop passenger and freight road transport between the two States and transit through their territories have agreed as follows:
Scope
1. The provisions of this Agreement shall apply to the carriage of passengers by road and to the cost of an external account or of an own account, originating from or intended for the territory of one of the Contracting Parties or transit through their territories, carried out by vehicles registered in the territory of the other Contracting Party.
2. The provisions of this Agreement do not entitle a carrier of one Contracting Party to commence the carriage of persons or goods within the territory of the other Contracting Party, with the transport being terminated in the same territory.
Determination of terms
1. The term "carrier" refers to a natural or legal person who is entitled to carry out the carriage of persons by road or of costs for his own or his own account under the applicable laws of his State in Czechoslovakia or Portugal.
2. The term "vehicle" refers to any mechanical-propelled road vehicle manufactured or modified for the carriage of more than eight seated persons, other than the driver, for the carriage of goods or for the towing of vehicles intended for such carriage, as well as trailers and semi-trailers.
A tractor combination with a trailer or a semi-trailer shall be regarded as an individual vehicle provided that they are both registered in the territory of the same Contracting Party.
I - TRANSPORT OF PERSONS
Authorisation procedure
With the exception of the provisions of Article 4 of this Agreement, carriage of passengers within the meaning of this Agreement may be carried out by carriers of one of the Contracting Parties only on the basis of a prior authorisation granted by the competent authority of the other Contracting Party.
Transfers excluded from the authorisation procedure
The following shall not be subject to the invitation to tender:
(a) occasional services carried out by vehicles carrying the same group of passengers throughout the journey and returning to the place of departure without entering or leaving during the journey, provided that the places of departure and arrival are in the territory of the country where the vehicle is registered;
(b) occasional services where the entry takes place with the vehicle occupied and return with an empty vehicle, provided that the place of departure is in the territory of the State of the registered vehicle;
(c) occasional transit of passengers;
(d) transit of empty vehicles registered in the territory of one Contracting Party through the territory of the other Contracting Party;
(e) the entry and running of an empty vehicle intended to replace a vehicle unfit for transport, the replacement vehicle may continue to travel on the basis of a permit or other document issued for a damaged vehicle.
Regular transport
1. Regular transport must be authorised by common agreement of the competent authorities of the two Contracting Parties, with the agreement of the transit States.
2. Each Contracting Party shall grant permission for regular shipments to the transport section on its own territory.
3. In principle, authorisations will be granted on the basis of reciprocity.
4. The competent authorities shall, by common agreement, lay down the formalities for issuing authorisations, in particular the period of validity thereof, the frequency of shipments, the timetable and the tariffs laid down.
5. The revocation or suspension of an authorisation under the legislation of each Contracting Party may not be effected without prior hearing of the competent authority of the other Contracting Party.
II - TRANSPORT OF COSTS
Authorisation procedure and contingent
1. With the exception of the provisions of Article 7 of this Agreement, carriage of goods may be carried out only on the basis of an authorisation issued in advance by the competent authorities of the State where the vehicle is registered on behalf of the competent authorities of the other Contracting Party, within the framework of contingent obligations established by common agreement between the competent authorities of the two Contracting Parties.
2. A single permit shall be issued for each journey back and forth and for each vehicle.
3. The authorisations shall be applicable during the calendar year for which they are issued by the competent authorities of both Contracting Parties. The competent authority of one Contracting Party may limit the duration of the authorisation received not filled in by the competent authorities of the other Contracting Party.
4. Authorisations shall be issued in the name of the carrier; can be used only by it and are non-transferable.
5. Transfers of costs between a third State and the territory of the other Contracting Party may be carried out by carriers of one of the Contracting Parties only on the basis of a prior special authorisation granted by the competent authority of the other Contracting Party.
Transfers excluded from the authorisation procedure
The following shall not be subject to the invitation to tender:
(a) the transport of medical care costs in the event of emergency assistance, in particular in the case of natural disasters;
(b) the transport of articles and works of art intended for exhibitions and fairs;
(c) the transport of material, accessories and animals intended for theatrical, musical, film and circus performances or for sports and trade fairs;
(d) the transport of costs intended for radio, film and television transmission;
(e) the entry and running of vehicles intended for technical assistance, as well as the transport of vehicles unfit for driving;
(f) the entry and running of an empty vehicle intended to replace a vehicle unfit for transport, the replacement vehicle may continue to travel on the basis of a permit or other document issued for a damaged vehicle;
(g) funeral services.
III - COMMON PROVISIONS
Tax system
1. Irregular carriage of passengers by both Contracting Parties shall be exempt from all taxes and charges applicable in the territory of the other Contracting Party.
2. Transfers of costs by carriers of one Contracting Party shall be subject to taxes and charges applicable in the territory of the other Contracting Party.
Mass and dimensions of vehicles
1. As regards the mass and dimensions of road vehicles, each Contracting Party undertakes not to subject vehicles registered in the territory of the other Contracting Party to more stringent restrictions than those imposed on vehicles in its own territory.
2. If the mass or dimensions of the vehicle or load exceed the limits permitted in the territory of the other Contracting Party, the vehicle shall be equipped with a special authorisation issued by the competent authority of that Contracting Party.
In the event that this authorisation defines a route for the carriage of the vehicle, the transport must be carried out only on that route.
Transfers
1. Carriers who commit serious or repeated offences in the territory of the other Contracting Party against the provisions of this Agreement or against the laws and regulations in force in that territory and relating to road transport and road traffic shall, at the request of the authorities of the State where the offence took place, be subject to one of the following measures:
(a) a warning;
(b) the prohibition, temporary (partial or complete), the possibility of carrying out transport operations in the territory of the Contracting Party where the offence was committed.
2. The application of the measures referred to in the preceding paragraph shall be notified without delay to the competent authorities of the Contracting Party requesting them.
3. The provisions of this Article shall not preclude criminal penalties under the laws and regulations in force in the State where the offence was committed.
Inspection of documents
The authorisations and other necessary documents under this Agreement shall be presented in the relevant vehicles and on request to each authority of both Contracting Parties which is entitled to request their submission.
National law
Questions not covered by this Agreement or by international conventions involving both Parties shall be governed by the national law of each Party.
Competent authorities
1. Each Party shall designate competent authorities within its territory to implement measures and address issues relating to the implementation of this Agreement.
2. The competent authorities will discuss these matters directly.
Implementation of the Agreement
1. The competent authorities of both Contracting Parties shall adapt the method of implementation of this Agreement by the Protocol.
2. The competent authority of one of the Contracting Parties may request that the Joint Commission be convened to discuss questions relating to the implementation of this Agreement.
3. The Joint Commission shall be empowered to amend the Protocol.
IV - FINAL PROVISIONS
Entry into force and duration of the Agreement
1. This Agreement shall enter into force on the date fixed by exchange of diplomatic notes on its approval under the national law of each Contracting Party.
2. This Agreement shall be valid for one year from the date of its entry into force and shall be extended silently from one year to the next unless one of the Contracting Parties denies it within three months before the expiry of the period of validity.
In order to prove that the undersigned, duly authorised by their governments, have signed this Agreement.
Done at Lisbon, 28 June 1978, in two original copies in French, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Ing. Bohuslav Chubek v. r.
For the Government
The Portuguese Republic:
Vitor Sá Machado v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 97 / 1980 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Portuguese Republic on International Road Transport of Persons and Costs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.08.1980 |
|---|---|
| Effective from | 01.03.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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