belgiquelex.be - Carrefour Bank of Legislation 4 AOUT 1996. - An Act to approve the Agreement on Road Transport between the Kingdom of Belgium, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, signed in Athens on 11 June 1992 (1)
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 section 77, paragraph 1
er6° of the Constitution.
Art. 2. The Agreement on Road Transport between the Kingdom of Belgium, the Republic of Latvia, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, signed in Athens on 11 June 1992, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, 4 August 1996.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Finance and Foreign Trade,
Ph. MAYSTADT
Minister of Transport,
Mr. DAERDEN
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
(1) Session 1995-1996
Senate
Documents. - Bill tabled on 9 January 1996, No. 1-221/1. - Report, no. 1-221/2. - Text adopted in session and transmitted to the House of Representatives, No. 1-221/3.
Annales parlementaire . - Discussion. Meeting of 25 January 1996. - Vote. Meeting of 25 January 1996.
House of Representatives
Documents. - Project transmitted by the Senate, No. 394/1. - Report, number.
Annales parliamentarians. - Discussion. Session of 13 March 1996. - Vote. Session of March 14, 1996.
Agreement on road transport between the Kingdom of Belgium, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands
The Governments of
the Kingdom of Belgium,
the Republic of Estonia,
the Republic of Latvia,
the Republic of Lithuania,
the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands,
called hereafter the Contracting Parties,
desirous of promoting, in the interest of their economic relations, the development of transport of goods and passengers by road in, to and from their countries and in transit across their territories;
have agreed as follows:
Article 1
Scope
1. The provisions of this Agreement apply to the carriage of goods and passengers by road for hire or reward or on own account between the Contracting Parties, in transit through their territories, to or from third countries and to the carriage of goods and passengers within the territory of a Contracting Party, calledafter here cabotage, effectuated by carriers with vehicles as defined in Article 2.
2. The Contracting Parties shall ensure the rights and obligations arising from agreements concluded between the European Community and the Baltic States.
Each of the Contracting Parties which is a member state of the European Communities will apply this Agreement in accordance with its obligations under the treaties establishing the European Communities, as amended or supplemented.
3. Each Contracting Party which is a party to the treaty establishing the Benelux Economic Union will apply this Agreement in accordance with the obligations under this treaty, as amended or supplemented.
Article 2
Definitions
For the purpose of this Agreement:
1. the term "carrier" means a person (including a legal person), who is established in one of the Contracting Parties 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 one of the Contracting Parties or a combination of vehicles of which at least the motor vehicle is registered in a Contracting Party and which is used and equiped exclusively for the carriage of goods or the carriage of passengers.
3. the term "cabotage" means the operation of transport services within the territory of a Contracting Party by a carrier not established in that country.
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 rail or waterways.
Article 3
Access to the market
1. Each Contracting Party may allow any career established in the territory of another Contracting Party to carry out any transport of goods or passengers :
a. between any point in its territory and any point outside that territory,
b. in transit through its territory, and
c. within its territory (cabotage),
subject to permits, except if otherwise agreed upon by the Joint Committee, to be issued by the competent authorities or other empowered organizations of each Contracting Party.
2. In any case no permits shall be required for the following types of transport or for unladen journeys made in conjunction with such transport:
- carriage of mail as a public service;
- carriage of vehicles which have suffered damage or breakdown;
- the carriage of goods in motor vehicles, the permissible laden weight of which, including that of trailers, does not exceed 6 tons or the permissible payload of which, including that of trailers, does not exceed 3.5 tons;
- carriage of medical goods and equipment or other goods necessary in case of emergency, in particular for natural disasters.
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 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 host country.
Article 5
Compliance with national law
Carriers of a Contracting Party and the crews of their vehicles shall, when on the territory of another Contracting Party, comply with the laws and regulations in force in that country. In the case of cabotage the Joint Committee will precise the laws and regulations applicable in the host country, which includes tariffs and contractual conditions for transport services, weights and dimensions of vehicles, legislation for specific categories of transport, notably dangerous goods, perishable goods and living animals, driving and rest hours and value added tax on transport services. This legislation will be applied under the same conditions to which own residents are submitted so that discrimination on grounds of nationality or place of establishment is excluded.
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 shall, without prejudice to its own legal proceedings, notify this other Contracting Party which will take such steps as are provided for by its national laws. These Contracting Parties will inform each other about the sanctions that have been imposed.
Article 7
Tax matters
1. Vehicles, including their spare parts, carrying out transport in accordance with this Agreement, shall be mutually exempted from all taxes and charges levied on the circulation or possession of the vehicles as well as from all special taxes or charges levied on transport operations in the territory of the other Contracting Parties.
2. Taxes and charges on motor fuel, VAT on transport services and tolls are not exempted.
3. The fuel contained in the normal tanks of the vehicle, 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.
Article 8
Joint Comunitee
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 and shall comprise representatives of the competent authorities of the administration of the Contracting Parties which can invite representatives of the road transport industry.
4. The Joint Committee shall draw up its own rules and procedures and shall meet alternately in one of the Contracting Parties. The meeting will be concludeddied by drawing up a protocol that will be signed by the heads of delegations of the Contracting Parties.
5. Following Article 3, paragraph 1, the loins Committee shall decide upon the type and number of permits and the conditions of access to the market, including the labour market aspects. Notwithstanding Article 3, paragraph 2, the Joint Committee can extend the types of transport for which no permits 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, and of 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;
- 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.
Article 9
Entry into force and duration
1. This Agreement shall be applied provisionally as from the date of its signature.
2. The Contracting Parties will notify the Secretary-General of the Benelux Economic Union in writing when the constitutional requirements necessary to give effect to the Agreement in their respective territories have been complied with.
3. This Agreement shall, when notifications have been received from at least four Contracting Parties, enter into force for those Contracting Parties on the first day of the second month following the date of the fourth notification. For each Contracting Party subsequently depositing its notification, the Agreement shall enter into force on the first day of the second month following the date of that deposit. The Secretary-General of the Benelux Economic Union shall at once inform the Contracting Parties of each deposit and the subsequent dates of entry into force.
4. The Agreement shall remain in force for a period of one year as of the date of its coming into force. Thereafter, the Agreement shall be tacitly extended from year to year unless at least six months before the expiration of that term more than two of the Contracting Parties have given a written notice of termination to the Secretary-General of the Benelux Economic Union. In the latter case the Agreement shall terminate between all Contracting Parties as of the date of expiration of that term. The Secretary-General of the Benelux Economic Union shall at once inform the Contracting Parties of each notice of termination, and of the subsequent date of termination of the Agreement.
Article 10
Application for the Kingdom of the Nederlands
With respect to the Kingdom of the Netherlands, this Agreement shall apply only to the territory of the Kingdom in Europe.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.
Done in sixfold at Athens on 11 June 1992, in the English language.
For the Gouvernment of the Kingdom of Belgium,
For the Gouvernment of the Republic of Estonia,
For the Gouvernment of the Republic of Latvia,
For the Gouvernment of the Republic of Lithuania,
For the Gouvernment of the Grand Duchy of Luxembourg,
For the Gouvernment of the Kingdom of the Netherlands,
Agreement on Road Transport between the Kingdom of Belgium, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands
The Governments,
of the Kingdom of Belgium,
Republic of Estonia,
of the Republic of Latvia,
of the Republic of Lithuania,
the Grand Duchy of Luxembourg,
of the Kingdom of the Netherlands,
referred to below as Contracting Parties, wishing to promote, in the interest of their economic relations, the development of the transport of goods and passengers by road in, to and from their countries and in transit through their territories;
agreed that:
Article 1
erScope
(1) The provisions of this Agreement shall apply to the carriage by road of goods and passengers on behalf of third parties or on behalf of themselves between the Contracting Parties, in transit through their territories, to or from a third country, and to the carriage of goods and passengers within the territory of one of the Contracting Parties, below referred to as Coasting, by carriers by means of vehicles defined in Article 2.
(2) The Contracting Parties shall assume the rights and obligations arising from agreements between the European Community and the Baltic States. Each of the Contracting Parties, a member of the European Community, shall apply this Agreement in accordance with its obligations arising from the Treaty establishing the European Community as amended or supplemented.
(3) Each Contracting Party, a party to the Treaty establishing the Benelux Economic Union, shall apply this Agreement in accordance with its obligations to this Treaty, as amended or supplemented.
Article 2
Definitions
For the purposes of this Agreement:
(1) the term "transporter" means a person (including a legal person) established in one of the Contracting Parties, having regulatory access in the country of establishment to the international market for the carriage of persons or goods on behalf of or on behalf of third parties in accordance with the relevant national laws and regulations;
(2) the term "vehicle" means a motor vehicle registered in one of the Contracting Parties or a combination of vehicles of which at least the motor vehicle is registered in a Contracting Party and which is used and equipped exclusively for the carriage of goods or passengers;
(3) the term "cabotage" means a transport operation in the territory of a Contracting Party carried out by a carrier that is not established in that country;
(4) the term "transport" means the road movement of a vehicle in charge or empty, even if for a part of the journey the vehicle, trailer or semi-trailer uses the rail or waterway.
Article 3
Market access
(1) Any Contracting Party may authorize any carrier established in the territory of another Contracting Party to carry goods or passengers:
(a) Between any point in its territory and any point outside its territory;
(b) in transit through its territory, and
(c) within its territory (cabotage)
subject to authorization issued by the competent authorities or any other authorized organization of each Contracting Party unless otherwise decided by the Joint Commission.
(2) No authorization is required for the following transport or for unladen journeys carried out in such transport:
- Postal transportation in a public service;
- transportation of damaged or broken vehicles;
- the carriage of goods by means of an engine vehicle whose maximum permissible weight, including trailer, does not exceed 6 tons or when the payload, including trailer, does not exceed 3.5 tons;
- the transport of medicines or medical equipment or essential products in the event of emergency relief in particular in the event of a natural disaster.
Article 4
Masses and dimensions
(1) The masses and dimensions 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 is required if the mass and/or dimensions of a loaded or empty vehicle, carrying out a transport falling within the scope of this Agreement, exceed the authorized maxima on the territory of the host country.
Article 5
Compliance with national legislation
The carriers of a Contracting Party and the crews of their vehicles shall, in the territory of another Contracting Party, respect the legislation and regulations in force in that State. In case of cabotage, the Mixed Commission will specify the laws and regulations in force in the host country, including the tariffs and contractual conditions of the transport services, the masses and dimensions of vehicles (utilities), the legislation for specific categories of transport, including dangerous goods, perishable products and living animals, driving and rest times and the tax on the added value of the transport services. This legislation will be applied to the same conditions as those to which residents are subject in order to exclude discrimination based on nationality or place of establishment.
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 was committed, shall notify, without prejudice to its own legal procedures, of the other Contracting Party which shall take the measures provided for by its own national laws. These Contracting Parties are mutually reinforcing the sanctions that have been taken.
Article 7
Taxation
(1) Vehicles including their spare parts, carrying out transport under cover of this Agreement, shall be mutually exempted from any tax and charge levied on the movement or possession of vehicles and any special charge or charge levied on transport operations in the territory of other Contracting Parties.
(2) Taxes and charges on fuel, VAT on transportation services and tolls are not exempt.
(3) The fuel contained in normal vehicle tanks and lubricants contained in vehicles and intended solely for their operations is exempt from customs duties or any other tax or payment.
Article 8
Mixed 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 Mixed Commission.
(3) The Mixed 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 road transport industry.
4) The Mixed Commission sets 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 minutes signed by the heads of delegations of the Contracting Parties.
5) Pursuant to Article 3, paragraph 1, the Mixed Commission sets out the model and number of authorizations as well as the conditions of access to the march, including the labour market. The Mixed Commission may extend the transport categories listed in section 3, paragraph 2, for which no authorization is required.
6) The Mixed 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.
Article 9
Entry into force and duration
(1) This Agreement shall enter into force provisionally on the date of its signature.
(2) The Contracting Parties shall notify the Secretary General of the Benelux Economic Union in writing of the fulfilment of the constitutional obligations necessary for the entry into force of this Agreement on their respective territories.
(3) When notifications were received from at least four Contracting Parties, the Agreement shall enter into force for these Contracting Parties on the first day of the second month following the date of the fourth notification. For each subsequent Contracting Party that deposits its notification, the Agreement shall enter into force on the first day of the second month following the date of the deposit.
The Secretary General of the Benelux Economic Union shall immediately inform the Contracting Parties of each deposit and subsequent dates of entry into force.
4) The Agreement shall remain in force for a period of one year after the date of its entry into force. The Agreement will then be tacitly extended from year to year unless written notice is filed by at least two Contracting Parties at least six months before the expiration of a term to the Secretary General of the Benelux Economic Union. In the latter case, the Agreement shall expire between all Contracting Parties on the expiry date of that term. The Secretary General of the Benelux Economic Union shall immediately inform the Contracting Parties of each denunciation and the subsequent expiration date of the Agreement.
Article 10
Application in the Kingdom of the Netherlands
For the Kingdom of the Netherlands, this Agreement applies only to the territory of the Kingdom in Europe.
Otherwise, the undersigned, authorized denial signed this Agreement.
Made in six copies in Athenes on 11 June 1992, in the English language.
For the Government of the Kingdom of Belgium,
For the Government of the Republic of Estonia,
For the Government of the Republic of Latvia,
For the Government of the Republic of Lithuania,
For the Government of the Grand Duchy of Luxembourg,
For the Government of the Kingdom of the Netherlands.
