belgiquelex.be - Carrefour Bank of Legislation 20 SEPTEMBER 2012. - An Act to approve the Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Albania on International Road Transport, signed in Tirana on April 25, 2006 (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 between the Government of the Kingdom of Belgium and the Government of the Republic of Albania on International Road Transport, signed in Tirana on 25 April 2006, will come out its full 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 May 4, 2012, No. 5-1609/1.
Report, no. 5-1609/2.
Annales parlementaire
Discussion, meeting of 28/06/2012.
Vote, meeting of 28/06/2012.
Room
Documents
Project transmitted by the Senate, No. 53-2314/1.
Report made on behalf of the Commission, No. 53-2314/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2314/3.
Annales parlementaire
Discussion, session of 19/07/2012.
Vote, meeting of 19/07/2012.
(2) See the Decree of the Flemish Region of 25/04/2014 (Belgian Monitor of 14/08/2014), the Decree of the Walloon Region of 17/01/2013 (Belgian Monitor of 04/02/2013) and the Order of the Brussels-Capital Region of 20/11/2015 (Belgian Monitor of 27/11/2015 Ed. 2)).
(3) Effective date: 01/02/2016.
Agreement on international road transport between the government of the kingdom of belgium and the government of the republic of albania
The Government of the Kingdom of Belgium
And
The Government of the Republic of Albania,
called hereafter the Contracting Parties,
striving to create better opportunities for the development of trade relations between their countries and to develop satisfactory transport facilities for goods and passengers;
Taking account of the European liberalization process which contributes to the free flow of goods and services and to the free movement of persons;
Considering the basic standpoint of the protection of the environment and traffic safety, have agreed as follows;
Part I. - General Provisions
Article 1
Scope
1. The provisions of this Agreement shall apply to the international carriage of goods and passengers by road for hire or reward or on own account between the territories of the Contracting Parties, in transit though their territories and to or from third countries, performed by transport operators established on the territory of one of the Contracting Parties.
2. The Contracting Parties shall ensure the rights and obligations arising from the agreements concluded between the European Union and the Republic of Albania and of other multilateral agreements signed by both parties.
Article 2
Definitions
For the purpose of this Agreement :
1. The term "transport operator" means a person (including a legal person), who is established on the territory of a Contracting Party and legally admitted in the country of establishment to the international transport market of goods or passengers by road for hire or reward or on his own account in accordance with the relevant national laws and regulations.
2. The term "vehicle" means a motor vehicle registered in the territory of one of the Contracting Parties or a combination of vehicles of which at least the motor vehicle is registered in the territory of one of the Contracting Parties and which is used and equipped exclusively for the carriage of goods or the carriage of passengers.
3. The term "bus" means a vehicle for the carriage of passengers which is suitable by virtue of its construction and equipment for the carriage of more than nine persons, including the driver, and is intended for that purpose.
4. The term "transport" means the conveyance of laden or unladen vehicles by road, even if for a part of the journey the vehicle, trailer or semi-trailer is using railways or waterways.
5. The term « regular service » means a bus service which provides for the carriage of passengers according to a specified frequency and along a specified route, whereby passengers may be taken up or set down at predetermined stopping points. A regular service can be subject to the obligation to respect previously established timetables and tariffs. A regular service shall be open to all, subject, when appropriate, to compulsory reservation.
6. The term "special regular service" means a bus service, by whomsoever organized, which provides for the carriage of a specified category of passengers to the exclusion of other passengers, insofar such a service is operated under the conditions specified under point 5.
Special regular services shall include:
- the carriage of workers between home and work;
- the carriage of school pupils and students to and from the educational institution.
The fact that a special regular service may be varied according to the needs of users shall not affect its classification as a regular service.
7. The term " shuttle service" means a bus service whereby, by means of repeated outward and return journeys, previously formed groups of passengers are carried from a single place of departure to a single destination. Each group, consisting of the passengers who made the outward journey, shall be carried back to the place of departure on a later journey by the same transport operator. Place of departure and destination shall mean, respectively, the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding localities within a radius of 50 km.
In the course of a shuttle service, no passengers may be taken up or set down during the journey.
The first return journey and the last outward journey in a series of shuttles shall be made unladen.
" Shuttle services with accommodation" include, in addition to transport accommodation for at least 80% of the passengers with or without meals, at the place of destination and, where necessary, during the journey. Passengers shall stay at the place of destination for at least two nights.
Shuttle services with accommodation may be provided by a group of transport operators acting on behalf of the same contractor and passengers may:
- either make the return journey with a different career, of the same group, from the outward journey;
- or catch a connection "en route", with a different career, of the same group.
8. The term "occasional service" means a bus service between the territories of the Contracting Parties falling neither within the definition of a regular service or a special regular service nor the definition of a shuttle service. Such a service may be operated with some degree of frequency without thereby ceasing to be an occasional service.
The occasional services include:
(a) Closed door towers, that is to say services, whereby the same vehicle is used to carry the same group of passengers throughout the journey and to bring them back to the place of departure, which is the country where the vehicle is registered.
(b) Services, which make the outward journey loaded and the return journey, unloaded.
(c) Services which make the outward journey unloaded and the return journey loaded with passengers picked up at the same point of the country where the vehicle is not registered, provided that passengers :
- constitute a previously formed group under a contract of carriage concluded before their arrival in the territory of the Contracting Party where they are picked up, or
- have been previously brought by the same career under the terms of case b, and provided that they are picked up again and carried back to the territory of the country of establishment of the transport operator,
- have been invited to travel into the territory of the country of establishment of the transport operator, the cost of transport being borne by the person issuing the invitation. Such passengers must constitute a homogeneous group, which has been formed only for this particularly journey.
(d) Services organized for specific events, as conferences, seminars or sports and cultural performances which do not comply with the provisions of letters a), b) and c).
9. The term "transport on own account" means:
(a) In the case of passenger transport, that the transport is carried out for non-commercial and non-profit-making purposes by the transport operator, provided that:
- the transport activity is only an ancillary activity for that transport operator;
- the motor vehicles used are owned by the transport operator or put at its disposal through a hiring or leasing contract and are driven by members of the personnel of the transport operator or by the transport operator himself;
(b) In the case of goods transport, that the transported goods are the property of the transport operator or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the transport operator. The purpose of the transport must be to transport the goods to or from the premises of the transport operator or to move them, either inside the premises of the transport operator or outside for its own requirements. The motor vehicles used for such transport must be driven by members of the personnel of the transport operator or the transport operator himself and must be owned by the transport operator or put at its disposal through a hiring or leasing contract. The transport must be an ancillary activity of the transport operator.
Article 3
Access to the Market
Each Contracting Party shall allow any transport operator established in the territory of the other Contracting Party to carry out any transport of goods or passengers :
a) between any point in its territory and any point outside that territory, and
(b) in transit through its territory,
subject to permits or authorizations, to be issued by the competent authorities of each Contracting Party.
Article 4
Weights and Dimensions
1. Weights and dimensions of vehicles shall be in accordance with the official registration of the vehicle and may not exceed the limits in force in the host country.
2. A special permit issued by a competent authority is required if the weights and/or dimensions of a laden or unladen vehicle when engaged in transport under the provisions of this Agreement exceed the permissible maximum in the territory of the other Contracting Party.
Article 5
Compliance with National Law
Transport operators of a Contracting Party and the crews of their vehicles shall, when on the territory of the other Contracting Party, comply with the laws and regulations in force in that country.
Article 6
Offences
In the event of any infringement of the provisions of this Agreement by a career of a Contracting Party, the Contracting Party on whose territory the infringement occurred, may, without prejudice to its own legal proceedings, notify this to the other Contracting Party which will take such steps as are provided for by its national laws including the revocation of the permit or authorization or prohibition to do transport on the territory of the other Contracting Party. These Contracting Parties will inform one an other about the sanctions that have been imposed.
Article 7
Fiscal Matters
1. Vehicles, including their spare parts, that are engaged in transport operations in accordance with the provisions of this Agreement shall be mutually exempted from all taxes and charges levied on the circulation or possession of the vehicles.
2. Taxes and charges on motor fuel, value added tax (VAT) on transport operations, tolls and user charges and taxes for special permits as foreseen under Article 4, are not exempted.
3. The fuel contained in the normal built-in tanks of the vehicle and intended for the operation of the vehicle or to operate devices for temperature control, as well as the lubricants, contained in the vehicles for the sole purpose of their operation, shall be mutually exempted from customs duties and any other taxes and payments.
4. Spare parts required for the repair of a vehicle already imported shall be temporarily admitted under a temporary importation title without payment of import duties and other taxes, and free of import prohibitions and restrictions. Replaced parts shall be cleared, re-exported or destroyed under customs control and supervision.
Article 8
Joint Committee
1. The competent authorities of the Contracting Parties shall regulate all questions regarding the implementation and the application of this Agreement.
2. For this purpose the Contracting Parties shall establish a Joint Committee.
3. The Joint Committee shall meet regularly at the request of either Contracting Party alternately in the territory of one of the Contracting Parties and shall comprise representatives of the competent authorities of the administration of the Contracting Parties which can invite representatives of road transport associations.
4. The Joint Committee shall draw up its own rules and procedures. The meeting will be concluded by drawing up a protocol to be signed by the heads of the delegations of each Contracting Party.
5. Following Article 3, the Joint Committee shall decide upon the type and number of permits or authorizations and the conditions of access to the market. Notwithstanding Article 12, paragraph 2, the Joint Committee can extend the types of transport for which no permits or authorizations are required.
6. The Joint Committee shall give particular consideration to the following subjects;
- the harmonious development of transport between the Contracting Parties, taking into account among others environmental aspects involved;
- the coordination of road transport policies, transport legislation and its implementation by the Contracting Parties at national and international level;
- the formulation of possible solutions for the respective national authorities if problems occur, notably in the field of fiscal, social, customs and environmental matters, including matters of public order affecting road transport operations;
- the exchange of relevant information;
- the method of fixing weights and dimensions;
- the promotion of cooperation between transport enterprises and institutions;
- the promotion of multimodal transport, including all questions concerning market access.
Part II. - Provisions for the Carriage of passengers
Article 9
Regular Services
1. Applications for authorizations for regular services shall be submitted to the competent authorities in the country in whose territory the point of departure is situated.
2. The decision to issue authorizations shall be taken jointly by the authorities of the Contracting Parties. They are issued by the competent authorities of both Contracting Parties each one for its own territory.
3. An application for an authorization may be rejected if, inter alia;
- the applicant is unable to provide the service that is the subject of the application with equipment directly available to him;
- if in the past the applicant has not complied with national or international legislation on road transport and in particular the conditions and requirements relating to authorizations for international road passenger services or has committed serious breaches of legislation in regard to road safety, in particular with regard to the rules applicable to vehicles and driving and rest periods of drivers;
- if, in the case of an application for renewal of authorization, the conditions of the authorization have not been complied with.
4. A decision on whether an authorization shall be issued shall be taken by the competent authorities within three months of the date on which a full application is received.
5. an authorization shall be valid for a maximum period of three years and may be extended on request.
6. The authorization or a legalised copy of it shall be carried in the vehicle.
Article 10
Shuttle Services
1. No authorization shall be required for shuttle services with accommodation executed by Albanian transport operators or Belgian transport operators insofar these services have their departure in Albania and in Belgium respectively.
2. Shuttle services without accommodation are treated like regular services.
3. For the shuttle services mentioned under paragraph 1 of this article, passenger waybills completed in full shall be used.
Article 11
Occasional Services
No authorization shall be required for occasional services falling under Article 2.8. a), b) and c), provided the conditions are fulfilled. Services falling under Article 2.8. d), are subject to authorization.
A passenger waybill, completed in full, shall be carried in the vehicle.
Part III. - Provisions for the carriage of goods
Article 12
Permit Conditions
1. Permits for the transportation of goods shall be issued within the limits of a quota for 1 (one) journey (roundtrip) or for 1 (one) year each and shall be valid for a period of 13 months, starting from January 1st of each calendar year. The permits shall be carried in the vehicle.
2. Permits are personal and are not transferable to third parties.
3. Permits can only be used for one vehicle at a time.
4. The Joint Committee referred to in Article 8 determines the quota, the categories of the permits (journey and time) and any further conditions governing permit use.
5. No permit or authorization shall be required for the following types of transport or for unladen journeys made in conjunction with such transport:
(a) The transport of goods by motor vehicles whose Total Permissible Laden Weight (TPLW), including trailers, does not exceed 6 tons, or when the permitted payload, including trailers, does not exceed 3.5 tons;
(b) The transport of goods on an occasional basis, to or from airports in cases where services are entertained;
(c) The transport of vehicles which are damaged or have broken down and the transport of breakdown repair vehicles;
(d) Unladen runs by a goods vehicle sent to replace a vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that has broken down;
e) Transport of livestock in special purpose-built or permanently converted vehicles for the transport of livestock, and recognized as such by the Contracting Parties' authorities concerned;
(f) Transport of spare parts and provisions for ocean-going ships and aircraft;
(g) Transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disasters and humanitarian needs;
(h) Transport of works and objects of art for fairs and exhibitions for non-commercial purposes;
(i) Transport for non-commercial purposes of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, fairs or fetes, and those intended for radio recordings, or for film or television production;
(j) The transport of goods on own account;
(k) Funeral transport;
(l) Postal transport carried out as a public service.
6. The permit has to be filled out in full before the journey starts. The report has to be stamped by the customs while entering the territory of the other Contracting Party.
When crossing the border on a place where no customs are available, the driver has to put ink on the place of the customs stamp on the permit, the place, date and hour of border crossing.
7. According to Article 4, paragraph 2, the application for a special authorization for the vehicles carrying goods of which weight and dimensions exceed limits permitted in the territory of the host Contracting Party, should contain;
1. Name and address of the operator;
2. Vehicle make, type and plate numbers;
3. Number of axles and axle spread;
4. Dimensions and weight of the vehicle;
5. Loading capacity;
6. Dimensions and weight of goods;
7. If necessary the drawing of the vehicle together with goods;
8. Load on each axle;
9. The address of the place of loading and unloading;
10. The planned place of border crossing and date as well as route.
Part IV. - Final Provisions
Article 13
Entry in force and duration
1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties have informed each other in writing through diplomatic channels that the constitutional requirements necessary for the entry into force of the Agreement in their respective countries have been complied with.
2. The Contracting Parties may terminate this Agreement at any time by giving six months' written notice to the other Contracting Party.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.
Done in twofold at Tirana, on the 25th day of April 2006, in the English language.
Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Albania on international road transport
The Government of the Kingdom of Belgium and the Government of the Republic of Albania referred to below as the "Contracting Parties", wishing to create better opportunities for the development of trade relations between their countries and to develop satisfactory transport facilities for goods and passengers;
Taking into account the process of liberalization in Europe that contributes to the free trade of goods and services and to the free movement of persons;
Considering the fundamental point of view of the protection of the environment and road safety;
agreed as follows;
I
re Part. - GENERAL PROVISIONS
Article 1
erScope
1. The provisions of this Agreement shall apply to the international 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 to or from third countries, carried out by carriers established in the territory of one of the Contracting Parties.
2. The Contracting Parties shall assume the rights and obligations arising from the agreements between the European Union and the Republic of Albania or other international agreements signed by the two Parties.
Article 2
Definitions
For the purpose of this agreement:
1. The term "transporter" means any person (including legal person) who is domiciled in the territory of a Contracting Party and is authorized to carry on international road transport of goods or passengers on behalf of third parties or on account of their own, in accordance with national laws or regulations in force in that State.
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 intended to carry passengers and, according to its type of construction and equipment, is capable of carrying more than nine people, including the driver.
4. The term "transport" means the movement by road of a dependent or unladen vehicle, even if for a part of the journey the vehicle, trailer or semi-trailer uses the rail or inland waterways.
5. The term "regular service" means a bus service that ensures the carriage of passengers on a specified frequency and route, passengers who can be taken care of and placed at previously fixed stops. Regular service may be subject to the requirement to meet schedules and pre-set rates. A regular service must be accessible to everyone, notwithstanding, if any, the obligation to reserve.
6. The term "regular specialized service" means a bus service that ensures the transportation of a specified class of travellers, excluding other travellers, to the extent that this service is performed under the conditions specified in point 5.
Regular specialized services include:
- the "home - work" transport of workers;
- the transportation of "home - educational institution" of schools and students.
The regular nature of specialized services is not affected by the fact that the organization of transport is adapted to the variable needs of users.
7. The term " Shuttle Service" means a bus service that, by means of several journeys and returns, transports groups of travellers previously constituted from the same place of departure to the same place of destination. Each group, composed of travellers who have completed the journey, is brought back, by the same carrier, to the place of departure during a subsequent journey. The place of departure and place of destination means the place of departure of the trip and the place or journey ends, as well as, in each case, the surrounding areas within a radius of 50 kilometers.
During a shuttle service no passenger may be taken care of or deposited on the way.
The first return trip and the last trip to a series of shuttles will be made empty.
In addition to transport, the "travel service with accommodation" provides accommodation with or without meals, instead of destination and, if necessary during the trip, at least 80% of travellers.
The length of travellers' stay at the destination must be 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 travellers may:
- to carry out the journey back with another carrier, from the same group, than to go;
- either take a correspondence on the way with another carrier of the same group.
8. The term " Occasional Service" means a bus service between the territories of the Contracting Parties and which does not meet the definition of regular service or specialized regular service or shuttle service. Such a service does not lose the casual character of service by the fact that it is performed with a certain frequency.
Occasional services include:
(a) The closed-door circuits, i.e. bus services in which the same vehicle is used to carry on the entire journey a single group of passengers and each group is brought back to its place of departure, which is the country of registration of the vehicle.
(b) Transportation with the journey going in charge and the return to empty.
(c) The transport of which the journey is carried out empty and the return journey with passengers who are mounted in another country than the one where the vehicle is registered, provided that the passengers:
- form a group previously constituted on the basis of a contract of carriage which had been entered into prior to their arrival in the territory of the Contracting Party where they are assembled, or
- were first brought by the same carrier, according to the criteria of point (b), and then they were grouped and then returned to the country of establishment of the carrier,
- were invited to visit the carrier's country of establishment, where the person who made the invitation took charge of the cost of transportation. Such travellers must form a homogeneous group, composed only for this journey.
(d) Transportation that is organized for special events, such as conferences, seminars or cultural and sporting events, and that do not meet the definitions of points (a), (b) and (c).
9. The term "clean account transport" means:
(a) In the case of passenger transport, the fact that the carriage is carried out by the carrier for non-profit and non-commercial purposes, and to the extent that:
- the transport activity is only an incidental activity for the carrier;
- the vehicles used shall be the property of the carrier or be made available under a lease or lease contract and shall be carried by a member of the carrier's staff or by the carrier himself;
(b) In the case of carriage of goods, the fact that the goods carried are the property of the carrier or have been sold, purchased, leased or leased, produced, extracted, processed or repaired by the carrier. The purpose of the transport is to transport the goods from or to the carrier's facilities or to move them inside or outside them for their own needs. The motor vehicle used for such carriage shall be driven by the carrier's personnel or by the carrier itself and shall be the owner of the carrier or made available to it under a lease or lease contract. Transport must be an incidental activity of the carrier.
Article 3
Market access
Each Contracting Party shall allow any carrier registered in the territory of the other Contracting Party to carry out any 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,
provided that carriage is covered by a licence or authorization issued by the competent authorities of each Contracting Party.
Article 4
Masses and dimensions
1. The masses and dimensions shall conform 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 a competent authority, is required if the mass and/or dimensions of a dependent or unladen vehicle, carrying under the provisions 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 competent authority of the Contracting Party, in the territory of which the offence has been committed, may, without prejudice to its own legal procedures, notify the other Contracting Party which shall take the measures provided for by its own national laws including the withdrawal of the authorization or the prohibition of carrying on the territory of the other Contracting Party. The Contracting Parties shall mutually inform the measures taken.
Article 7
Tax matters
1. Vehicles, including their spare parts, carrying out transport under cover of this agreement, will be mutually exempted from any taxes and charges raised on the movement or possession of vehicles.
2. Taxes and charges on fuels, the value-added tax (VAT) on transportation services, tolls and user fees and the fees for the issuance of special authorizations provided for in section 4 of this agreement are not exempted.
3. The fuel contained in the normal tanks mounted on the vehicle and intended solely for the operation of the vehicle or for the operation of the controlled temperature appliances, as well as the lubricants contained in the vehicle for the sole purpose of the operation of the vehicle, shall be exempt from customs duties and any other tax or payment.
4. Spare parts necessary for the repair of an already imported vehicle will be temporarily allowed under the cover of a temporary import permit, without payment of import duties or other taxes, and free of import prohibitions or restrictions. Replaced parts will be released, exported or destroyed under customs control and supervision.
Article 8
Joint Commission
1. The competent authorities of the Contracting Parties shall resolve all matters relating to the execution and implementation of this Agreement.
2. For this purpose, the competent authorities of the Contracting Parties shall establish a Joint Commission.
3. The Joint Commission shall meet regularly at the request of one of the Contracting Parties, alternately in the territory of one of the Contracting Parties, and shall consist of representatives of the competent authorities of the administration of the Contracting Parties who may invite representatives of the professional organizations of road transport.
4. The Joint Commission will set its own rules and procedures. The meeting concludes with the drafting of a minutes to be signed by the head of delegation of each Contracting Party.
5. Pursuant to Article 3, the Joint Commission will decide on the type and number of authorizations and conditions of access to the transport market. Notwithstanding Article 12, paragraph 2 of this Agreement, the Joint Commission may extend the categories of carriage for which no authorization is required.
6. The Joint Commission will pay particular attention to the following aspects;
- the harmonious development of transport between Contracting Parties taking into account, inter alia, the environmental aspects concerned;
- the coordination of road transport policies, transport legislation and its implementation at the national and international level by the Contracting Parties;
- the search for possible solutions by the respective national authorities if problems arise, particularly in tax, social, customs and environmental matters, as well as in public order that could affect transport operations;
- the exchange of relevant information;
- the method of fixation of the masses and dimensions;
- promoting cooperation between transport enterprises and transport institutions;
- promoting multimodal transport, including market access issues.
II
e Part. - RELATIVE PROVISIONS
VOYAGOR TRANSPORT
Article 9
Regular services
1. Requests for authorizations for regular services will be submitted to the competent authorities of the State in which the place of departure is located.
2. The decision to grant authorizations will be taken jointly by the authorities of the Contracting Parties. They are issued by the competent authorities of the two Contracting Parties, each for its own territory.
3. An 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;
- if, in the past, the applicant has failed to comply with national or international road transport legislation and, in particular, the conditions and requirements relating to the authorization of international passenger transport services, or has committed serious violations of road safety legislation, particularly with regard to vehicle standards and driving and rest times of drivers;
- if, in the case of an application for a renewal of authorization, the conditions of the authorization previously issued have not been met.
4. The decision to issue an 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. Authorization or certified true copy shall be on board the vehicle.
Article 10
Shuttle services
1. No authorization is required for shuttle services with accommodation executed by Albanian or Belgian carriers as long as these services have their starting point in Albania or Belgium.
2. Shuttle services without accommodation are treated as regular services.
3. During the execution of shuttle services as referred to in point 1
er a duly completed roadmap will be used.
Article 11
Occasional services
No authorization is required to perform casual services as referred to in 2.8.(a), (b) and (c), provided that the conditions are met. The services referred to in section 2.8.d) are subject to authorization.
A completed roadmap must be on board the vehicle.
III
e Part. - RELATIVE PROVISIONS
TRANSPORT OF
Article 12
Conditions of authorization
1. Authorizations for the carriage of goods will be issued within a contingent for 1 (one) journey (going and returning) or for 1 (one) year and will be valid for a period of 13 months beginning 1
er January of each calendar year. Authorizations must be on board the vehicle.
2. Authorizations are personal and cannot be transmitted to third parties.
3. Authorities can only be used for one vehicle at a time.
4. The Joint Commission referred to in section 8 sets out the contingent and the categories of authorizations (on travel and on time) as well as any other conditions relating to the use of the contingent.
5. No authorization shall be required for the following carriages or unladen travel carried out in conjunction with these carriages:
(a) Carriage of goods by vehicles with a Total Loaded Weight (PTAC), including trailers, not exceeding 6 tonnes or whose authorized payload, including trailers, does not exceed 3.5 tonnes;
(b) occasional transport of goods to or from airports in the event of deviation of services;
(c) the transport of damaged or towed vehicles and the movement of dew trucks;
(d) the unladen movement of a vehicle for the carriage of goods and intended to replace a vehicle that is unused abroad and the return of the vehicle that has broken down after repair;
(e) the transport of live animals by means of vehicles constructed or specially fitted in a permanent manner to ensure the transport of live animals and admitted as such by the competent authorities;
(f) transportation of spare parts and products for the feeding of sea vessels and aircraft;
(g) transportation of items necessary for medical care in the event of emergency relief, including in the event of natural disasters and in the event of humanitarian assistance;
(h) transport, for non-commercial purposes, objects and works of art for exhibitions and fairs;
(i) transportation, for non-commercial purposes, of equipment, accessories and animals to or from theatrical, musical, film, sports, circus, fairs or kermesses, as well as those intended for radio recordings, film or television views;
(j) the carriage of goods on its own account;
(k) funeral transport;
(l) Postal transportation under a public service regime.
6. The authorization must be fully completed before the start of the trip. The travel report must be stamped by the customs at the time of the entry of the territory of the other Contracting Party. Before crossing the border into a point or no customs representative is available, the driver must enter the location, date and time of crossing of the border in the ink, at the location for the Customs stamp.
7. Pursuant to Article 4, paragraph 2 of this Agreement, the application for a special authorization for vehicles carrying goods whose mass or dimensions exceed the limits allowed in the territory of the Contracting Party of reception shall resume;
1. the name and address of the carrier;
2. the mark, type and number of the vehicle;
3. The number of axles and the wheelbase;
4. The weight and dimensions of the vehicle;
5. The payload;
6. The weight and dimensions of the goods;
7. If necessary, a vehicle drawing, including goods;
8. Weight by axle;
9. Address of loading and unloading places;
10. The planned border crossing location and the date of passage and route.
IV
e Part. - FINAL PROVISIONS
Article 13
Entry into force and duration
1. The Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notified each other in writing, through diplomatic means, that the domestic legal procedures necessary for the entry into force of the Agreement in their respective countries have been completed.
2. Contracting Parties may terminate this agreement at any time after a written notice of six months to the other Contracting Party.
IN WITNESS WHEREOF the undersigned, duly authorized for this purpose, have signed this agreement.
Made in two copies in Tirana, April 25, 2006, in the English language.
