199/1997.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 19 July. in June 1997,
Prague agreement signed between the Government of the United Kingdom and the Government of the Federal
Republic of Germany on the international road passenger and freight transport.
Agreement entered into force, pursuant to article 21, paragraph 2. 1 day 19.
June 1997. That date were allowed to lapse in the relations between the Czech
Republic and the Federal Republic of Germany agreement between the Government of the Czech and
Slovak Federal Republic and the Government of the Federal Republic of Germany
international freight road transport of 28 June. October 1992, renowned for its
under no 644/1992 Coll., and the agreement between the Government of the United Kingdom and the Government of
The Federal Republic of Germany on the international road passenger transport of
on July 19, 1993, under the famous no 224/1993.
The Czech version of the agreement shall be published at the same time.
The AGREEMENT
between the Government of the United Kingdom and the Government of the Federal Republic of Germany
international road passenger and freight transport
The Government of the United Kingdom and the Government of the Federal Republic of Germany, desiring to
contribute to the development of mutually advantageous trade and economic relations,
in order to regulate and facilitate the road passenger and freight transport through
the border between the two States and in transit through their territory of the sovereign base
basis of equality and mutual benefit,
have agreed as follows:
Article 1
This agreement governs on the basis of national legislation
the Contracting Parties the transport of people and goods in international road transport
between the Czech Republic and the Federal Republic of Germany and in transit
These States the carriers are to implement this transport are entitled to.
Passenger transport
Article 2
(1) passenger transport within the meaning of this agreement is to transport people and their
the baggage buses and cars (taxi and be vehicles)
on his own account or for account of third. Also includes an empty drive
associated with these services.
(2) the buses are considered as road motor vehicles which, by
design and equipment fit and intended for the transport of more than nine
persons (including the driver). For passenger cars the road shall be treated as
motor vehicles which, by design and equipment qualify and
are suitable for carrying not more than nine persons (including the driver).
Article 3
(1) regular services, there is a regular transport of persons in the designated transport
connection according to pre-established and published timetables, fares
and transport conditions, in which passengers can get in and
performing at predetermined stopping points. Includes transport, which
essentially performed as a regular service.
(2) regular service within the meaning of this agreement is also, irrespective of the
who determines the course of the journey, the carriage of certain categories of persons with
the exclusion of other passengers, if has the character of a regular service
referred to in paragraph 1. These modes of transport, especially transport workers
to the workplace and from there to their residence and transportation of pupils to schools and
from there to their place of residence, are referred to as "special forms of regular
transport ".
(3) to the regular services between the two countries or to transit service
It is necessary to enable the competent authorities of both Contracting Parties. Enable
shall be granted by mutual agreement according to the applicable legislation of the State
of the respective parties. Authorisation may be granted for a period of up to
of five years.
(4) to change the leadership lines, stops, timetables, fares and
tariff conditions is required the prior consent of the competent authorities
both of the parties. The same is true for stopping traffic.
(5) the application of carriers of one party to the establishment of a regular service,
as well as the request referred to in paragraph 4 shall be submitted with the opinion
the Ministry of transport that Contracting Party directly to the Ministry of transport
the other Contracting Party.
(6) the application pursuant to paragraphs 4 and 5 shall contain in particular the following information:
1. name and surname or business name, as well as the full address of the applicant
the carrier;
2. type of transport;
3. the period of validity of the authorisation;
4. period of operation and number of journeys (e.g., daily, weekly);
5. the timetable;
6. the exact line (stops for boarding and alighting of passengers/other
stop/border crossings);
7. the length of the line in kilometres: ride there/back;
8. distance travelled per day;
9. driving time and rest periods for drivers;
10. the number of seating positions in motor vehicles that are to be used;
11. fares and fare conditions (tariffs).
Article 4
(1) the shuttle service is a transport service, which are pre-built
more journeys, groups of passengers transported back and forth from the same
the default region to the same target area. These groups of passengers,
which have been transported to the target area, they will be at a later ride
transported back to the default location. The starting and target areas means
instead of joining the path and place of destination, as well as the places lying within a radius of
50 km. shuttle service must include, in addition to the transport performance
property groups of passengers with or without meals at your destination and
possibly during the trip. The first ride back, and the last ride there in a row
Shuttle rides must be empty.
(2) if passengers execute the return journey with another group, the
paragraph 1, but with the approval of the competent authorities of one or both
of the parties, is not impaired by the jurisdiction of this service to shuttle
transport.
(3) the shuttle is always needed the authorization of the competent authority
the other Contracting Party. An application for an authorisation shall be made directly
the Ministry of transport of the other party. To be made no later than 60
days before the start of the transport.
(4) the application for authorisation referred to in paragraph 3, the shuttle must
contain in addition to the data referred to in article 3, paragraph 3. 6 yet the data book, the number of
rides and information about the place and hotels or other premises in which
passengers will be accommodated during their stay, as well as the time
the stay.
(5) the principle of authorisation procedure, forms for shuttle
permits, inspection documents and relevant authorities will, if necessary,
agreed upon in the Joint Commission set up under article 18.
Article 5
(1) occasional services are services which do not regular services in the
the meaning of article 3 (2). 1 or shuttle service within the meaning of article 4.
(2) occasional services between the two countries or in transit do not require
authorisation, if it is
about journeys made) same vehicle on the entire route, which is
the same group of passengers are transported back to the default location,
(tours are closed doors),
(b)), during which the transport are transported passengers and when there
where is the return ride is blank, blank (return journey)
(c)) on an empty drive there in order to once again pick up and carry it back to
the default location group of passengers, which has carried the same before
the carrier referred to in subparagraph (b)).
(3) for occasional dopravách not travelling by road to aboard
Neither the Act, with the exception of the case when it is the competent authority concerned
the contracting parties allowed.
(4) the occasional services that do not conform to the provisions of paragraph 2,
always require the authorization of the competent authority of the other party. The request of the
on the grant of authorisation must be made directly to the competent authority of the other Contracting
party. Should be given at least four weeks before the start of operation.
(5) the request referred to in paragraph 4 shall in particular include the following:
1. the surname and first name or trade name and the full address of the carrier, and
where appropriate, the organizer of the trip, which granted transport credentials;
2. the purpose of the journey (description);
3. source and destination, the State in which the Group was
passengers created;
4. driving directions with border crossings;
5. data rides back and forth with the data that will follow the reverse ride
empty or occupied;
6. driving times and rest periods for drivers;
7. vehicle registration plates of the vehicle;
8. the number of seating positions in motor vehicles that are to be deployed.
(6) the control documents for occasional transport, which are not subject to
the authorization, shall be agreed in the Joint Commission set up under article 18.
Article 6
(1) the authorisation to be granted pursuant to article 3, paragraph 3. 3, article 4
paragraph. 3, article 5, paragraph 1. 3 and 4, may be used only the carrier, which is
granted. May not even be transferred to another carrier, nor used in the case of
occasional transport for vehicles other than those in the permit
listed. In the context of a regular service, a carrier may, which authorization was
granted, take advantage of the contracting carrier. You may not be in the permit document
listed, however, they must have with them the official copy of this document.
(2) the transport of passengers with the beginning and end of the sovereign territory of the State within
one Contracting Party vehicles registered on the territory of the State of the second
a Contracting Party is not permitted (the prohibition of cabotage). The Joint Commission established
According to the article 18 may in each case to agree special
rules.
Freight transport
Article 7
Carriers need to transport commercial cargo road
transport between the sovereign territory of the State of the Contracting Party in which the
used motor vehicle registered and the sovereignty of the territory of a State other
the Contracting Parties, as well as for transit through territories of the State of the second
the Contracting Parties to enable the competent authority of that Contracting Party.
Article 8
(1) a permit is granted, the carriers only applies to him, and is
non-transferable.
(2) permission is needed for each truck and for each
tractor. At the same time apply for towed trailers or saddle semi-trailers independently
the location of their evidence.
(3) the permit is valid for transportation between the two countries and the transit transport
for one or several trips back and forth within the time period specified in the
authorization (single release), or for any number of rides during the
time, which is listed in it, (time release).
(4) transportation between the sovereignty of the territory of the State of the other Contracting Party and the third
State shall be admissible only if the vehicle after the usual transport
the road passes through the State in which it is registered.
(5) the Cargo transport between the two places lie on the territory of
the State of one Contracting Party is not permitted to the carrier based in the territory of
the State of the other party. The Joint Commission set up under article 18 of the
may agree to exceptions in individual cases for deployment
special means of transport.
(6) for commercial freight services under this agreement are needed
bills of lading, whose form must correspond to the internationally common pattern.
Article 9
(1) the authorisation referred to in article 7 do not require transport
1. goods by motor vehicles whose total permissible weight, including
the total mass of the trailer does not exceed 6 t or whose permissible maximum
payload including trailer, does not exceed 3.5 tonnes;
2. migratory possessions (household utensils);
3. objects of art and works of art;
4. the items and equipment that are designed for sports enterprises
Theatre, music and film shows, fairs and exhibitions or for
radio, television, or film, if these items
or device imported or exported only for a transitional period;
5. the bodies or ashes of deceased;
6. air shipments to or from airports in the deflection of air services;
7. mail within the public service;
8. damaged or repair requiring trucks (reverse
transport);
9. medicines, medical devices and equipment, as well as other goods
intended to provide assistance in an emergency an emergency (especially
from natural disasters);
10. live animals;
11. baggage in trailers buses;
12. the valuable goods (e.g. precious metals) in special vehicles
that are accompanied by the police or other security forces;
13. the cost of vehicles between the places in the border zones in the Czech Republic
and the Federal Republic of Germany, if the total distance of transportation
as the crow flies, does not exceed more than 100 km of border zones are
the area of 25 km as the crow flies on both sides of national borders (
a list of places located within the frontier zone in the joint replaced
the Commission established pursuant to article 18);
14. drive empty motor vehicles, if the vehicle is not
which are the business goods.
(2) the Joint Commission set up under article 18 may from authorisation
cut additional transport.
(3) For transport in transport is not the company's authorisation referred to in article 7
needed. These shipments must be to carry papers from which
It is clear that this is a závodovou of transport.
Article 10
(1) a permit for the carrier from the United States will be granted by the Federal
Ministry for transport of the Federal Republic of Germany and issued
The Ministry of transport and communications of the Czech Republic or its authorized
authorities.
(2) the permit for the carrier of the Federal Republic of Germany will be granted
The Ministry of transport and communications of the Czech Republic and issued by the Federal
Ministry for transport of the Federal Republic of Germany or one of his
the designated authorities.
Article 11
(1) the Joint Commission set up under article 18 of the agreed number of authorizations,
that both parties will have available each year. An agreed number of
the permit may be modified, if necessary, the Joint Commission established
in accordance with article 18.
(2) the content and format of the permit shall designate the Joint Commission set up under article
18.
General provisions
Article 12
In the implementation of transport and empty runs on the basis of this agreement, no
for each Contracting Party any check-in and entry fees (customs duty,
import turnover tax and the tax on mineral oils), as well as an obligation to have
permits for the importation of the following goods on the territories of the other Contracting
Parties:
a) fuel, which are carried away in the main tanks revised
for the model of the motor vehicle and the technically and structurally associated with
its fuel system, as well as in the fuel tanks for cooling
device or other equipment on trucks or special
containers. Any restrictions on the amount of flow from the legal provisions
in force in the respective Contracting State;
b) lubricants, which are in the vehicle at the amount corresponding to the normal
operating consumption during transport;
(c)), spare parts and tools for vehicle maintenance, which is done
transport across state lines; unused spare parts, as well as exchanged
the old components must be exported, destroyed, or again they will be
governed by the provisions which apply to the territory of the State
of the respective parties.
Article 13
Permits, inspection documents or other necessary documents must be
all rides to carry with you in the car, submit, upon request,
the representatives of the competent control authorities and taken to check.
Control documents must be duly completed before you start driving.
Article 14
(1) vehicles registered in the territory of the State of one Contracting Party
You must state on the territory of the other party, comply with the laws
regulations on weight, dimensions and axle load, which are here
valid.
(2) if it exceeds the weight, dimensions or axle load
permissible limits of valid on the territory of the State of the Contracting Parties, shall be
before the beginning of the ride vehicle, requested special authorization by the competent
authority of that Contracting Party. If the authorization limits the ride of this
of the vehicle on a route, the transport may take place only after this
route.
Article 15
The Contracting Parties shall promote in international road transport
the use of vehicles with low noise and low emissions of harmful
substances, as well as vehicles with a high level of technology for driving safety.
Article 16
(1) a carrier of one Contracting Party shall be required to comply with the provisions
legislation in the field of transport and the use of vehicles, as well as the customs
the provisions applicable on the territory of the State of the other party.
(2) where the carrier or its driving staff seriously or repeatedly
the laws and regulations of the State on the territory of the other Contracting Party
or provisions of this agreement, the competent authorities of the Contracting Party in
the territory of the State in which the vehicle is registered, do so on the request of the
the competent authority of the Contracting Party on the territory of its State to
the infringement was committed, within the framework of applicable legislation, this just
measures:
and the responsibility of the carrier) warning on compliance with applicable regulations
(warning);
(b) temporary exclusion from transport);
(c)) to stop issuing permits to the carrier or to the responsible withdrawal already
authorisation granted for the period for which the competent authority of the other Contracting
the party has ruled out the carrier.
(3) the measures provided for in paragraph 2 (a). (b)) may also directly
the competent authority of the Contracting Party on the territory of its State to
violation has occurred.
(4) the competent authorities of both Contracting Parties, in accordance with national
the legislation of each of the measures it has taken.
Article 17
If pursuant to this agreement will be passed by the national
legislation personal information, shall apply, having regard to the applicable laws and
the legislation of the State of each Contracting Party, the following provisions:
1. Use of the data recipient is permitted only for the purpose and under the
conditions prescribed by the forwarding authority.
2. The recipient will be relying upon request, inform the Office about the use
the communicated data and of the results achieved in this way.
3. personal data may be disclosed only to the competent authorities. For more
transmission of such data to other locations may take place only with the prior
the consent of the transmitting authority.
4. Relying instead is required to ensure the accuracy of the data disclosed and
on the relevance and proportionality in relation to the purpose of the communication being monitored. In doing so,
It is necessary to comply with the prohibitions on disclosure of valid under the relevant
the national regulations. If it is shown, that was passed to the wrong
information or data that were not allowed to be transmitted, shall be notified to it
promptly to the recipient. He is obliged to perform a repair or destroy data.
5. The person concerned is a must, on request, provide information to it
have been communicated, as well as the intended purpose of their use. If the public
interest in withholding the information outweighs the interest of the person concerned on the
the provision of reports, not information. In the rest of the
governed by the law of the person concerned at the information on data according to it
the national legislation of the Contracting Party in which the respective
the territory is the information requested.
6. If, under the national legislation applicable to the
relying instead in relation to the transferred personal data exist
specific time limits for erasure, relying instead on it notifies the recipient.
Independently of these time limits must be passed to clear personal data,
When no longer needed for the purpose for which they were communicated.
7. Transferring and receiving points are required to include the transmission and
receipt of personal data in the files.
8. Handing over and receiving points are required to effectively protect communicated
personal data against unauthorised access, unauthorised modification and
unauthorized disclosure.
Article 18
Representatives of the competent authorities of both Contracting Parties creates a Mixed
to the Commission. She will meet if necessary to ensure the proper
implementation of this agreement, discuss other questions that are related to the
the meaning of this agreement, with the international road transport, and was resolved by agreement
all emerging issues. If necessary, draw up the joint
the Commission proposals for the adaptation of the agreement, transport development, and altered the legal
the legislation. Can she participate in experts from other places.
Article 19
(1) the competent authorities responsible for the implementation of this agreement are:
-for the Federal Republic of Germany: the Federal Ministry for transport and
for the authorization referred to in article 3, paragraph 3. 3 and 4, article 4, paragraph 2. 2 and 3 and article
14. 2. authorisation by the authorities of the countries;
-Czech Republic: Ministry of transport and communications of the Czech Republic.
(2) the Contracting Parties shall communicate any change relating to the competent authorities.
Article 20
This agreement shall not affect the obligations of the Contracting Party from the other international
contracts, among other things, the obligations resulting from the Federal Republic of Germany
membership in the European Union.
Article 21
(1) this Agreement shall enter into force on the date of signature. After its entry into
into force shall cease to be the validity of the agreement between the Government of Czech and Slovak
The Federal Republic and the Government of the Federal Republic of Germany on the international
freight road transport of 28 June. October 1992 with regard to the relationships in the
transport between the Czech Republic and the Federal Republic of Germany and the agreement
between the Government of the United Kingdom and the Government of the Federal Republic of Germany
international passenger road traffic of 19 December. July 1993.
(2) the agreement is concluded for an indefinite period. Can be any Contracting
party in writing of termination. In this case, the agreement shall cease to be
into force six months after delivery of the notice to the other Contracting Party.
Done at Prague on 19. June 1997, in two original copies, each
in Czech and German languages, both texts being equally authentic.
For the Government of the United States:
Ing. Martin Říman in r.
Minister of transport and communications
For the Government of the Federal Republic of Germany:
Heinrich Horsten in r.
Chargé d'affaires a. i.
Matthias Wissmann in r.
the Federal Minister of transport
