belgiquelex.be - Carrefour Bank of Legislation

20 SEPTEMBER 2012. - Act to approve the Agreement on Road Transport between the Government of Belgium and the Government of Macedonia signed in Skopje on 10 September 1998 (1) (2) (3)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Road Transport between the Government of Belgium and the Government of Macedonia, signed in Skopje on 10 September 1998, will bring out its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Trapani, September 20, 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents
Bill tabled on 04/05/2012, No. 5-1606/1.
Report on behalf of Commission No. 5-1606/2.
Annales parlementaire
Discussion, meeting of 28/06/2012.
Vote, meeting of 28/06/2012.
Room.
Documents
Project transmitted by the Senate, No. 53-2311/1.
Report made on behalf of Commission No. 53-2311/2.
Text adopted in plenary and submitted to Royal Assent No. 53-2311/3.
Annales parlementaire
Discussion, session of 19/07/2012.
Vote, meeting of 19/07/2012.
(2) See Decree of the Flemish Region of 25/04/2014 (Moniteur belge du 25/06/2014), Decree of the Walloon Region of 17/01/2013 (Moniteur belge du 04/02/2013), Order of the Brussels-Capital Region of 20/11/2015 (Moniteur belge du 27/11/2015 (Ed. 2)).
(3) Effective date: 01/02/2016.

Agreement on Road Transport between the Government of Belgium and the Government of Macedonia
THE BELGE GOVERNMENT,
AND
THE MACEDONIAN GOVERNMENT,
APPELES below the Contracting Parties,
REQUESTS to promote the development of trade relations among their countries and to develop adequate transport opportunities for passengers and goods;
" Bearing in mind the process of liberalization in Europe that contributes to the liberalization of trade in goods and services and the free movement of persons;
CONSIDERING the fundamental point of view of environmental protection and road safety;
Agreed to the following:
1^re PART: GENERAL PROVISIONS
ARTICLE 1
Scope
(1) The provisions of this Agreement shall apply to the road transport of goods and passengers on behalf of third parties or on behalf of themselves between the territories of the Contracting Parties, in transit through their territories and towards or from a third country, carried out by carriers established in the territory of one of the Contracting Parties.
(2) The Contracting Parties shall assume the rights and obligations resulting from agreements between the European Community and the Macedonian Party and/or other multilateral agreements signed by the two Parties.
ARTICLE 2
Definitions
For the purpose of this agreement:
(1) the term "carrier" means any natural or legal person established in the territory of a Contracting Party, having regulatory access in the country of establishment to the international market of road transport of passengers or goods on behalf of or on behalf of third parties under the relevant national laws and regulations.
(2) the term "vehicle" means a motor vehicle registered in the territory of a Contracting Party or a combination of vehicles of which at least the motor vehicle is registered in the territory of a Contracting Party and which is used and equipped exclusively for the carriage of goods or passengers;
3) the term "bus" means a vehicle for the carriage of passengers who according to its type of construction and equipment is capable of carrying more than nine persons, including the driver and intended for this purpose.
(4) the term "transport" means the road transport of vehicles in charge or empty, even if for a part of the journey the vehicle, trailer or semi-trailer uses the rail or waterway.
5) The term "regular bus service" means a bus service that ensures the carriage of passengers on a frequency and on a specific relationship, with passengers taken over and placed at previously fixed stops. Regular services are accessible to everyone, notwithstanding, where applicable, the obligation to reserve.
"Specialized regular services" are regular bus services that are only accessible to specific categories of passengers.
6) The terms " shuttle services" refer to bus services organized to carry in several trips and returns of passenger groups from the same departure area to the same destination area. These groups, composed of passengers who have completed the journey, are brought back to the place of departure during a subsequent journey.
The place where the journey begins in the country of registration of the bus and the place where the journey ends in the other contracting party as well as in each case the localities within a 50-kilometre radius.
In addition to transportation, "travel service with accommodation" provides accommodation with or without meals instead of destination and, where applicable, during the trip, at least 80 per cent of travellers.
The length of travellers' stay at the destination is at least two nights.
Shuttle services with accommodation may be operated by a group of carriers acting on behalf of the same order donor and passengers may:
- to travel back with another carrier of the same group as to go,
- either take a correspondence on the way, with another carrier of the same group.
7. The term " Occasional Service" means a service that does not meet the definition of a regular service or the definition of a regular specialty service or the definition of a shuttle service.
They include:
(a) the closed circuits, i.e. the services performed by the same vehicle that carries a group of passengers, the group being reduced to its point of departure, and
(b) the services performed for a group of passengers, the group of passengers not being reduced to its point of departure, and
(c) services that do not meet the definitions of the above points; so called "residual services".
A starting point means a place and other locations within a radius of 50 km, located in the territory of the contracting party or the bus is registered.
ARTICLE 3
Market access
(1) Each Contracting Party shall authorize any carrier established in the territory of the other Contracting Party to carry on the carriage of goods or passengers:
(a) between any point in its territory and any point outside its territory, and
(b) in transit through its territory,
subject to authorizations issued by the competent legal authorities of each Contracting Party.
Authorities for the transport of goods are also valid for triangular transport.
ARTICLE 4
Masses and dimensions
(1) The masses and dimensions of the vehicles shall correspond to the officially registered characteristics of the vehicle and shall not exceed the limits in force in the host country.
(2) A special authorization issued by the competent authority shall be required if the mass and/or dimensions of a loaded or empty vehicle, carrying a transport falling within the scope of that agreement, exceed the permitted maxima in the territory of the other Contracting Party.
ARTICLE 5
Compliance with national legislation
The carriers of a Contracting Party and the crews of their vehicles shall, in the territory of the other Contracting Party, respect the laws and regulations in force in that State.
ARTICLE 6
Offences
In the event of a breach of the terms of this Agreement by a carrier of a Contracting Party, the Contracting Party, in the territory of which the offence has been committed, may notify it, without prejudice to its own legal procedures, to the other Contracting Party which shall take the measures provided for by its own national laws including the withdrawal of the permit or authorization or the prohibition of carrying out transport on the territory of the other Contracting Party. The Contracting Parties shall mutually inform the sanctions that have been taken.
ARTICLE 7
Tax matters
(1) Vehicles, including their spare parts, carrying out transport under cover of this agreement, will be mutually exempted from all taxes and charges on the movement or possession of vehicles.
(2) Taxes and charges on the use of roads, on fuels, VAT on transportation services, tolls and taxes for the issuance of special authorizations under section 4 are not exempted.
(3) The fuel contained in normal vehicle tanks and lubricants contained in vehicles and intended solely for their operations are mutually exempted from customs duties or any other tax or payment.
ARTICLE 8
Joint Commission
(1) The competent authorities of the Contracting Parties shall resolve all matters relating to the implementation of this Agreement.
(2) For this purpose, Contracting Parties shall establish a Joint Commission.
(3) The Joint Commission meets regularly at the request of a Contracting Party and consists of representatives of the competent authorities of the administration of the Contracting Parties who may invite representatives of the associations of road carriers.
4) The Joint Commission sets its own rules and procedures and meets alternately in the territory of one of the Contracting Parties. The meeting concludes with the drafting of a protocol.
5) Pursuant to section 3, the Joint Commission sets out the model and number of authorizations or permits as well as market access conditions. Without prejudice to section 12, paragraph 2, the Joint Commission may extend the categories of carriage for which no authorization or permit is required.
6) The Joint Commission will pay particular attention to the following aspects:
- a harmonious development of transport between Contracting Parties taking into account, inter alia, the environmental aspects concerned;
- coordination of road transport policies, transport legislation and their implementation by Contracting Parties at the national and international levels;
- a search for possible solutions for the respective national authorities if problems arise, particularly in tax, social, customs and environmental matters, as well as in public order;
- the exchange of useful information;
- the method of fixation of the masses and dimensions;
- promoting cooperation between transport enterprises and institutions;
- promoting multimodal transport including market access issues.
II^e PART: TRANSPORT OF PASSAGES
ARTICLE 9
Regular services
1. Requests for authorizations for regular services are filed with the competent authorities of the State in whose territory the starting point is located.
2. Decisions to grant authorizations shall be taken in agreement by the authorities of the Contracting Parties. They are granted by the competent authority of the two Contracting Parties each for their own territory.
3. The application for authorization may be refused, inter alia, if:
- the applicant is not in a position to perform the service subject to the application with equipment of which the applicant has direct disposition;
- in the past, the applicant has not complied with national or international road transport regulations, in particular the conditions and requirements relating to the authorization of international passenger transport services, or has committed serious violations of road safety regulations, particularly with regard to vehicle standards and driving and rest times for drivers.
- in the case of a licence renewal application, the conditions of the authorization were not met.
4. The decision to issue the authorization will be taken by the competent authorities within three months of the date of receipt of the full application.
5. Authorization is issued for a maximum of 3 years; it can be extended upon request.
6. The authorisation or certified copy of the vehicle must be on board the vehicle.
ARTICLE 10
Shuttle services
(1) Shuttle services are treated as regular services, they are subject to authorization.
(2) Authorization for a shuttle service with accommodation is granted if proof of accommodation is provided when the application for authorization is filed.
ARTICLE 11
Occasional services
No authorization is required for the casual services provided for in section 2, item 7, (a) and (b). A fully completed passenger roadmap must accompany the vehicle.
The contracting parties agree to use the ASOR Roadmap for casual services.
III^e PART: TRANSPORT OF GOODS
ARTICLE 12
(1) Authorisations for the carriage of goods are issued as part of a contingent each valid for 1 (one) journey (going and return), and for a period of 13 months beginning 1^er January of each calendar year. The authorization must be on the vehicle.
(2) No authorization is required for the following transport or unladen travel carried out in conjunction with these transport:
(a) personal effects as part of a move,
(b) objects and works of art intended for sale, auction and non-commercial exhibitions or equipment in the territory of the other contracting party,
(c) objects and equipment intended exclusively for advertising and information;
(d) equipment, accessories and animals intended for theatrical, musical, cinematic, sports, circus or fairs taking place in the territory of the other Contracting Party;
(e) professional equipment for radiopho-nics, film or television recordings;
(f) funeral transport;
(g) Postal transportation in a public service;
(h) Carriage of vehicles inoperative or damaged;
(i) transportation of bees and bees;
(j) the carriage of goods by motor vehicles with a total permissible load, including that of trailers not exceeding 7.5 tons,
(k) transportation of medical items or equipment in the event of emergency relief, particularly in the case of natural disasters and humanitarian assistance.
(3) The authorization must be fully completed before the trip begins. The transport report shall be stamped by the Customs at the time the vehicle enters the territory of the other Contracting Party. When crossing the border into a point not kept by the customs, the driver must register ink, date, time and place of crossing the border to the place reserved for the customs stamp on the authorization.
4) The application under Article 4 § 2 of special authorization for vehicles carrying goods whose mass and dimensions exceed the limits allowed in the territory of the Host Contracting Party shall contain:
1) the name and address of the operator;
(2) the mark, type and registration number of the vehicle;
3) the number of axles and the distance between axles;
(4) the weight and dimensions of the vehicle;
(5) the loading capacity;
(6) the mass and dimensions of the goods;
(7) if necessary, the drawing of the vehicle in charge;
(8) the load on each axle;
(9) Addresses of loading and unloading places;
10) the location for crossing the border as well as the date and route.
VI^ePART: FINAL PROVISIONS
ARTICLE 13
Entry into force and duration
(1) The Contracting Parties shall notify each other through the diplomatic channel that the domestic legal obligations for the entry into force of this Agreement have been met. The Agreement comes into force on the first day of the second month following the date of the last notification.
(2) The Agreement shall remain in force for a period of one year following the date of its entry into force. The Agreement will then be tacitly renewed unless one of the Contracting Parties notify in writing, six months before the date of renewal, its intention to terminate it.
IN WITNESS WHEREOF, the undersigned, duly authorized, signed this agreement.
DONE in two French, Dutch, Macedonian and English copies in Skopje on September 10, 1998, each copy being also authentic.