Posted the: 2016-03-22 Numac: 2013015020 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 20, 2012. -Law approving the agreement on road transport between the Belgian Government and the Macedonian Government signed at Skopje on 10 September 1998 (1) (2) (3) ALBERT II, King of the Belgians, has all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement on road transport between the Belgian Government and the Macedonian Government signed at Skopje on 10 September 1998, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Trapani, on September 20, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Records bill filed on 05/04/2012, no. 5-1606/1.
Report on behalf of the Committee No. 5-1606/2.
Parliamentary Annals Discussion, meeting of 28/06/2012.
Vote, meeting of 28/06/2012.
Documents draft transmitted by the Senate, no. 53-2311/1.
Report on behalf of the Committee No. 53-2311/2.
Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 2311/3.
Parliamentary Annals Discussion, meeting of 19/07/2012.
Vote, meeting of 19/07/2012.
(2) see Decree of the Flemish Region of 25/04/2014 (Moniteur belge of 25/06/2014), Decree of the Walloon Region from 17/01/2013 (Moniteur belge of 04/02/2013), order of the Region of Brussels - capital from 20 / 11 / 2015 (Moniteur belge of 27 / 11 / 2015 (ed. 2)).
(3) date of entry into force: 01/02/2016.
Agreement on road transport between the Belgian Government and the Macedonian Government, the Belgian Government, and the Macedonian Government, called hereinafter the Contracting Parties, desiring to promote the development of trade relations between their countries and to develop adequate opportunities for transport of passengers and goods;
TAKING into account the process of ongoing liberalisation in Europe which contributes to the trade liberalisation; of goods and services and the free movement of persons
WHEREAS the fundamental point of view of the protection of the environment and road safety;
HAVE agreed the following: 1st part: General provisions ARTICLE 1 scope 1) the provisions of this agreement apply to the road transport of goods and passengers for account of third parties or for own account between the territories of the Contracting Parties in transit through their territories and to 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 the agreements concluded between the European Community and the Macedonian part and/or other multilateral agreements signed by the two Parties.
ARTICLE 2 Definitions for the purposes of this agreement: 1) "carrier" means any physical or legal person established in the territory of a Contracting Party, legally having access in the country of establishment to the market of international road transport of passengers or goods for own account or for account of third parties by virtue of the national laws and regulations concerned.
(2) the term 'vehicle' means a motor vehicle registered in the territory of a Contracting Party or a combination of vehicles coupled which at least the motor vehicle is registered in the territory of a party contracting and that is used and equipped exclusively for the carriage of goods or passengers;
(3) the term 'bus' means a vehicle for the carriage of passengers which by its type of construction and its equipment is suitable for carrying more than nine persons, including the driver, and intended for that purpose.
(4) the term "transport" means road vehicle laden or unladen even if moving for part of the journey the vehicle, trailer or semi-trailer uses the rail or waterway.
(5) "regular service bus" means a bus service that provides the carriage of passengers according to a frequency and a determined relationship, passengers being taken up and down at predetermined stopping. Regular services are accessible to everyone notwithstanding, if necessary, the obligation to reserve.
'Special regular services' are regular bus services that are accessible only to specific categories of passengers.
(6) "shuttle services" means organized bus services to transport several back and forth of groups of passengers to a single area of departure to a single area of destination. These groups of passengers who have completed the trip go, are brought back place of departure on a later journey.
'Starting area' and 'area of destination' means 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 radius of 50 kilometres.
The 'shuttle services with accommodation"ensure, in addition to transport, accommodation with or without a meal instead of destination and, where appropriate, during the trip, at least 80 percent of the passengers.
The duration of the stay of travellers destination is of at least two nights.
The shuttle services with accommodation can be operated by a group of carriers acting on behalf of the same contractor, and travellers may: - either make the return journey with a different carrier of the same group as the go - or catch a connection en route, with a different carrier of the same group.
7. 'occasional service' means a service that is not responding or the definition of scheduled service to the definition of special regular service, or to the definition of shuttle service.
They include: a) the closed circuits, i.e. services carried out using the same vehicle that transports a group of passengers, this group being reduced to its starting point, and b) services performed for a group of passengers, the Group of passengers are not brought back to its starting point and c) services that do not meet the definitions of the above; so-called 'residual services '.
Starting point means a location and other localities within a radius of 50 km, situated in the territory of the Contracting Party or the bus is registered.
ARTICLE 3 access to the market) 1 each Contracting Party allows any carrier established on the territory of the other Contracting Party to perform transport of goods or passengers: a) between any point in its territory and any point outside it, and b) transit through its territory, subject to authorizations issued by the legal authorities of each Contracting Party.
The authorizations for the carriage of goods are also valid for triangular transport.
ARTICLE 4 Masses and dimensions 1) the masses and dimensions of vehicles must correspond to the officially registered the vehicle characteristics and may not exceed the limits in force in the host country.
(2) a special authorization issued by the competent authority is required if the weight and/or dimensions of a vehicle loaded or empty, engaged in carriage falling within the scope of this agreement, exceed the maximum allowed on the territory of the other Contracting Party.
ARTICLE 5 Respect of national legislation of a contracting party carriers as well as the crews of their vehicles, must, on the territory of the other Contracting Party, respect the laws and regulations in force in that State.
ARTICLE 6 infringements in the event of violation of this agreement by a carrier of one Contracting Party, the Contracting Party on whose territory the offence was committed, may notify, 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 permits or authorisation or prohibition of transport on the territory of the other Contracting Party. The Contracting Parties shall inform each other of the sanctions which have been taken.
ARTICLE 7 tax materials 1) vehicles including their spare parts, engaged in transport under cover of this agreement, will be mutually exempted from all taxes and charges thrown on the circulation or possession of vehicles.
(2) the taxes and charges on the use of roads, fuel, VAT on transport services, tolls as well as fees for the issuance of the special authorizations referred to in article 4 are not exempt.
(3) fuel contained in the normal tanks of vehicles as well as the lubricants contained in vehicles and intended solely for their operations, are mutually exempt tariffs or any other tax or payment.
ARTICLE 8 Joint Commission 1) the competent authorities of the Contracting Parties shall settle all matters relating to the implementation of this agreement.
(2) for this purpose, the Contracting Parties shall create a joint Commission.
(3) the Joint Commission meets regularly at the request of one
Contracting Party and is composed of representatives of the competent authorities of the administration of the Contracting Parties which may invite representatives of the associations of road hauliers.
(4) the Joint Commission establishes its own rules and procedures and meets alternately in the territory of one of the Contracting Parties. The meeting concluded with the drafting of a protocol.
(5) in pursuance of article 3, the Joint Commission shall determine the model and the number of authorisations or permissions as well as the conditions of access to the market. Without prejudice to article 12, paragraph 2, the Joint Commission can extend the categories of transport for which no permission or licence is required.
(6) the Joint Commission will pay particular attention to the following aspects:-harmonious development of transport between the Contracting Parties, taking into account, among other things, environmental aspects concerned;
-coordination of the policies of road transport, the laws on the transport and their application by the Contracting Parties at the national and international level;
-a search for alternatives to the respective national authorities if problems occurred, including in matters fiscal, social, customs and environmental, as well as on public policy;
-the exchange of relevant information;
-the method of attachment of the masses and dimensions;
-the promotion of cooperation between transport companies and institutions;
-the promotion of multimodal transport including issues pertaining to access to the market.
2nd part: transport of passengers ARTICLE 9 regular Services 1. Applications for authorization of regular services are lodged with the competent authorities of the State in the territory of which is the starting point.
2. decisions to grant permissions are taken in agreement by the authorities of the Contracting Parties. They are granted by the competent authority of the two Contracting Parties each to its own territory.
3. the application for authorisation may be refused, if:-the applicant is not able to run the service which the subject of the application with equipment where it has direct available;
-in the past, the applicant did not respect national or international legislation on road transport, in particular the conditions and requirements relating to authorizations for international passenger transport services, or has committed serious breaches of legislation on road safety, notably as regards the standards applicable to vehicles and driving and rest periods for drivers time to.
-in the case of an application for renewal of authorization, the conditions of authorization have not complied.
4. the authorisation decision will be taken by the competent authorities within three months following the date of receipt of a complete application.
5. an authorisation shall be issued for a maximum period of 3 years; It can be extended at the request.
6. the authorization or a certified copy must be kept on the vehicle.
ARTICLE 10 1 Shuttle Services) shuttle services are treated as regular services, are among other subject to authorisation.
(2) the authorization for a shuttle service with accommodation is issued if proof of accommodation where the application for authorisation is submitted.
(ARTICLE 11 occasional Services no authorization is required for the occasional services referred to in article 2, point 7, a) and (b)). A roadmap of passengers fully completed must accompany the vehicle.
The contracting parties agree to use the ASOR roadmap for occasional services.
3rd part: transport of goods ARTICLE 12 1) authorisations for the carriage of goods are issued under a quota each valid for 1 (one) (return trip), and for a period of 13 months beginning January 1 of each year calendar. The authorization must be kept on the vehicle.
((2) no authorization is required for transport following or travel unladen executed in conjunction with such carriage: a) personal effects in the context of a move, b) objects and works of art for sales, auctions and exhibitions or equipment to non-commercial nature in the territory of the other Contracting Party, c) objects and material exclusively for publicity and information;
(d) equipment, accessories and animals intended for theatrical, musical, cinema, sporting events, circuses or shows taking place on the territory of the other Contracting Party;
(e) professional equipment intended for recordings radiopho picnics, shooting film or television;
f) funeral transport;
(g) postal transport within the framework of a public service;
h) transportation of broken-down vehicles or damaged;
(i) transport of bees and fish fry);
j) transport of goods by motor vehicles authorized total weight, including that of trailers not exceeding 7.5 tonnes, k) the transport of articles or medical equipment in case of emergency, including natural disasters and humanitarian assistance.
(3) the authorization must be fully completed before the trip begins. The record of transport must be stamped by Customs at the point where the vehicle enters the territory of the other Contracting Party. When crossing the border at a point not guarded by the customs, the driver must register for ink, the date, time and place of crossing the border in the place reserved for the stamp of the customs authority.
(4) the request provided for in article 4 § 2 special authorization for vehicles transporting goods whose mass and dimensions exceed the limits allowed on the territory of the host Contracting Party, must contain: 1) the name and address of the operator;
(2) the mark, the type and the number of registration of the vehicle;
(3) the number of axles and the distance between the 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 design of the vehicle in charge;
(8) the load on each axle;
(9) the addresses of the places of loading and unloading;
(10) the place for the crossing of the border as well as the date and route.
Unloaded part: final provisions ARTICLE 13 entry into force and duration 1) the contracting parties shall notify each other through the diplomatic channel that the internal legal requirements for the entry into force of this agreement have been met. The agreement comes into force 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 from the date of its entry into force. The agreement will then tacitly extended unless one of the Contracting Parties shall notify in writing, six months prior to the date of renewal, its intention to put an end. in witness whereof, the undersigned, duly authorized, have signed this agreement.
DONE in duplicate in languages French, Dutch, Macedonian and English at Skopje, on 10 September 1998, each copy being equally authentic.