The Agreement On International Road Transport With The Netherlands

Original Language Title: Dohoda o mezinárodní silniční dopravě s Nizozemskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47199&nr=2~2F1999~20Sb.&ft=txt

2/1999 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs declares that on 31 December 2006. in March 1998 she was in

The Amsterdam agreement signed between the Government of the United Kingdom and the Government of

Kingdom of the Netherlands concerning international road transport.



Agreement entered into force, pursuant to article 11 (1) 1 on 1 January 2000.

on 1 January 1999. That date shall cease to apply in relations between the Czech

Republic of Iceland and the Kingdom of the agreement between the Government of the Czechoslovak

Socialist Republic and the Government of the Kingdom of the Netherlands on the international

road transport of 15 July. November 1967, proclaimed under no. 75/1968

SB.



The Czech version of the agreement shall be published at the same time. In the English text of the agreement,

for its interpretation of the applicable, can be consulted at the Ministry of

Foreign Affairs and the Ministry of transport and communications.



The AGREEMENT



between the Government of the United States and the Government of the Kingdom of the Netherlands



of international road transport



The Government of the United States and the Government of the Kingdom of the Netherlands (hereinafter referred to as

"the Contracting Parties"),



Desiring to promote their economic relations development

road transport of goods and passengers to and from their countries and in transit

through their States,



have agreed as follows:



Article 1



The scope of the



1. the provisions of this Agreement shall apply to the international carriage of

costs and passengers on foreign or own account between the territories of the United

Republic and the Kingdom of the Netherlands, which transit through these States, or

of third States and on cabotage, by carriers who use

vehicles as defined in article 2 of this agreement.



2. This agreement shall not affect the rights and obligations of the parties

arising from other international treaties.



3. Application of this agreement will not be to the Kingdom, as a Member

State of the European Union, to the detriment of the use rights of the European Union.



Article 2



The definition of the



For the purposes of this agreement:



1. the term "carrier" means a person (including a legal person) that has

based in one of the two States and is entitled in the Member State where it has its

registered office, to operate the road transport of goods or passengers for hire or custom

account under the relevant national legislation;



2. the term "vehicle" means any motorized road vehicle or rig

vehicles, of which at least the motor vehicle is registered in the territory of the United

Republic or the Kingdom of the Netherlands, that are used and fitted with

exclusively for the carriage of goods or passengers by bus;



3. the term "cabotage" means transport within the territory of the Czech Republic or

The Kingdom of the carrier, which has its registered office on the territory of the other

State;



4. the concept of "transport" or "transportation" means a ride loaded or

empty vehicles on the road, even while the vehicle, trailer or semi-trailer performs

part of the journey by rail or waterway;



5. the term "host State" means the territory of the State in which it is located

the vehicle has been registered without being there without being there and had the carrier its

registered office;



6. the term "intermodal transport" means the freight, in which

lorry, trailer, semi-trailer, removable hardtop or container

apply the road for the start and/or end stretch of the road and are

transported, with or without a towing vehicle, in the remaining section of the

the journey by rail, waterway or by sea;



7. the term "competent authority" means:



-for the Kingdom of the Netherlands Ministry of transport, public works and

water management,



-for the Czech Republic, the Ministry of transport and communications,

or in either case, any person, or to the institution responsible for

to carry out activities that currently carry out this Ministry.



Article 3



Access to the market



1. each Contracting Party may allow the carrier, which has its seat in the territory of

the other State, to perform cargo or passenger transport:



and) between any point in their State and any point outside of this

State, and



(b)) in transit through the territory of its State

subject to, unless otherwise agreed by the Commission, enabling, Mixed

which shall be issued by the competent authorities.



2. A permit is not required for the following types of transport or for empty

drive associated with such transportation:



and) transport of postal items as a public service;



(b)) the transport of vehicles which are damaged or broke down;



(c) the cost of transport) motor vehicles whose permissible total

weight, including trailers, does not exceed six tonnes or the permissible payload of

weight, including trailers, does not exceed 3.5 tonnes;



(d) the transport of material and medical) devices or other costs

needed in an emergency situation, particularly when natural

disaster relief;



e) transport for own account;



f) carriage of live animals;



g) carriage of perishable goods;



h) transport of cut flowers.



3. the carrier may not perform cabotage if it did not receive a special

authorisation from the competent authorities.



Article 4



Weights and dimensions



1. Weight, including the weight per axle, and dimensions

vehicles must conform to the official registration of the vehicle and shall not exceed

the limits in force in the host Member State.



2. If the weight of the load on the axle, and/or dimensions

the vehicle, loaded or empty performing the services referred to in

the provisions of this agreement exceed the permissible maximum in the host

State, requires the special permission of the host State.



Article 5



Compliance with the national legislation of the



1. the Carriers of both States and the crew of their vehicles must, if they are

on the territory of the other Contracting Party, to comply with laws and other national

the legislation in force in that State.



2. in the case of cabotage specifying the Joint Commission laws and other

the national legislation in force in the host State.



3. the laws and other national legal provisions referred to in paragraphs 1

and 2 of this article shall be used under the same conditions as for the carrier,

who have a permanent Office in the host Member State, in order to avoid

discrimination based on the nationality or the place of business.



Article 6



Breach Of The Agreement



In the case of infringements of the provisions of this agreement, the carrier, which has its registered office at

territory of the Czech Republic or the Kingdom of the Netherlands, the State on whose

territory in violation of the Agreement, advise the without prejudice to their legal

procedures of the second State shall take the measures provided for in its

the national laws. The Contracting Parties shall inform each other of

of all the sanctions that have persisted.



Article 7



Financial Affairs



1. vehicles, including their spare parts, which are engaged in transport by

of this agreement, are exempt from all taxes and fees

collected from the operation and ownership of vehicles, as well as from all special

taxes and charges levied from transport on the territory of the other State.



2. on the taxes and fees on motor fuel, value added tax on

transportation, tolls and user charges are not covered by this exemption.



3. the Fuel contained in the ordinary fixed tanks of vehicles incorporated

by the manufacturer, as well as the lubricants contained in vehicles, only for the purpose of their

operation are exempt from import duties and any other

taxes and fees.



Article 8



The Joint Commission



1. the competent authorities of the Contracting Parties resolves all questions relating to the

the implementation and application of this agreement.



2. to this end, the Contracting Parties shall set up a Mixed Commission.



3. The Joint Commission shall meet regularly at the request of one of the Contracting

Parties and includes representatives of the parties who may invite you to participate

also representative of road transport. The Joint Commission shall draw up its own

the rules and procedures. The Joint Commission shall meet alternately in each State.

The host State leads the meeting. The agenda for the meeting

party organizing meeting for at least two weeks before the start of the

meeting. The meeting will end the drawing up of the Protocol, which shall be signed by

Head of delegation of each party.



4. In accordance with article 3, paragraph 3. 1 and 3 of the Joint Commission shall decide on the type and number of

authorisations shall be issued, and on the conditions applicable to access to the

market, including aspects of the labour market. Notwithstanding article 3 (1). 2 may

The Joint Commission to extend or modify the list of modes of transport, for which the

do not require a permit.



5. The Joint Commission will pay particular attention to the following issues:



and the harmonious development of transport) between the two countries, taking into account, inter

other relevant aspects of the environment;



(b)) the coordination of transport policy, transport legislation, and its

the use of the Contracting Parties on the national and international level;



(c)) the formulation of possible solutions for the competent national authorities, if

problems arise, in particular in the area of financial, social and customs

Affairs and environmental issues, including matters of public

order;



d) exchange of relevant information;



e) procedure determination of masses and dimensions;



f) encouraging cooperation between transport undertakings and institutions;



(g)) the promotion of intermodal transport, including all questions relating to the

access to the market.



Article 9



Use Agreement for the Kingdom of the Netherlands



As regards the Kingdom of the Netherlands, this Agreement shall apply only to the

the territory of the Kingdom of the Netherlands in Europe.



Article 10



Changes




Any amendment to this Agreement agreed by the Contracting Parties shall enter

into force on the first day of the second month following the date on which

the Contracting Parties have notified each other in writing that it has satisfied the constitutional

requirements in their States.



Article 11



Entry into force and termination



1. this Agreement shall enter into force on the first day of the second month

following the date on which the Contracting Parties in writing

indicate that the necessary constitutional requirements have been fulfilled in their States for the

entry into force of the agreement.



2. The Contracting Parties may at any time terminate this agreement by written

the statements made by the six months ' notice, which will be sent to the other party

side.



3. The date of entry into force of this Agreement shall cease to be for the Czech Republic and

Kingdom of the Netherlands of the validity of the agreement between the Government of the Czechoslovak

Socialist Republic and the Government of the Kingdom of the Netherlands on the international

road transport, signed on 15 December. November 1967 in Prague.



In witness whereof, the duly authorized for that purpose, have signed this

the agreement.



Given in Amsterdam on 31 December 2004. March 1998 in two original copies,

every in Czech, Italian and English texts being

being equally authentic. In the case of differences in interpretation is crucial

the texts in the English language.



For the Government of the United States:



Petr Moos in r.



Minister of transport and communications



For the Government of the Netherlands:



Annemarie Jorritsma-Lebbink in r.



the Minister of transport, public works and water management