For The Government Of The Republic Of Latvia And The Government Of Montenegro For International Transport By Road

Original Language Title: Par Latvijas Republikas valdības un Melnkalnes valdības nolīgumu par starptautiskajiem pārvadājumiem ar autotransportu

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/87.9


The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of Montenegro for international transport by road 1. 2012 6 December in Dublin signed by the Government of the Republic of Latvia and the Government of Montenegro agreement on international transport by road (hereinafter referred to as the agreement) with this law is adopted and approved.
2. article. Fulfilment of the obligations provided for in the agreement are coordinated by the Ministry of transportation. Article 10 of the agreement and compliance with the obligations provided for in the coordinated by the Interior Ministry.
3. article. The agreement shall enter into force on the 15th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal".
4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian and English. The law adopted by the Parliament in 2013 on April 18. The President a. Smith 2013 in Riga on May 8, the Government of the Republic of Latvia and the Government of Montenegro agreement on international transport by road for the Government of the Republic of Latvia and the Government of Montenegro (hereinafter referred to as "the Contracting Parties"), seeking to promote trade and economic relations between the two countries, pledging to promote cooperation in the field of road transport, market economy, striving for the development of intermodal transport, recognizing their mutual interest in the agreement concerning the transport of goods by road and its benefits have agreed on the following. I General provisions article 1 scope this Agreement shall apply to the international transport by road, carried out by the carrier, who, in accordance with their national laws and regulations shall be entitled to carry out international transport by road after a lease agreement, for payment or your needs, on the other, from its territory or in transit through it. Article 2 definitions 1 the term "national" means the territory of the Contracting Party in which the carrier is established and the vehicle is registered. 2. The term "another State" – means the territory of the Contracting Party in which the carrier operates, but no vehicle, no carrier that is not registered. 3. The term "carriage" means carriage by motor vehicle with or without cargo or passengers, as well as journeys by empty vehicles, including vehicles of transport by train or boat as part of the journey. 4. The term "carrier" means any natural or legal person established in the territory of the Contracting Parties and in accordance with the relevant national laws and regulations shall be entitled to carry out international carriage of passengers or goods by road. 5. The term "vehicle" means: (a) any passenger transport-) motorised road vehicle suitable for the carriage of passengers having more than nine seats including the driver's seat, and who is registered in a Contracting Party in the territory of the country; b) freight-any one or other of the Contracting Parties in the territory of the country registered motorised road vehicle suitable for the transport of goods. In this agreement, the term "vehicle" shall also apply to any motor vehicle, trailer or semi-trailer connected regardless of their place of establishment, as well as on the vehicle. 6. The term "regular services" means the carriage of passengers, which is made in accordance with the previously agreed timetable on specified routes and during which passengers may board or alight from the vehicle at predetermined stopping points. 7. The term "systematic outward and return carriage" means carriage by the previously created groups of repeated outward and return journeys are carried from a single place of departure to a single destination. Each group of passengers who made the outward journey, one of the following return trips is brought back at the start of the journey. Place of departure and destination shall mean the place where the journey begins and the place where the journey ends, including the surrounding area of 50 km radius. The first return journey and the last outward journey in a systematic series of shuttle services are made unladen. 8. The term "occasional services" means services which do not match the definition of regular services, nor the systematic definition of a shuttle service. The frequency or quantity of transport does not affect the nationality of the non-scheduled transport. 9. The term "cabotage" means freight or passenger services between multiple points of one Contracting Party in the territory of the country, carried out in the latter country registered carrier. Article 3 the total Commission and competent authorities (1) in order to ensure compliance with the provisions of this agreement and the application of both Contracting Parties, the competent authorities shall establish the total Commission, which includes representatives of these bodies raised. (2) total Commission shall meet one or other of the Contracting Parties, at the request of the competent institution, by the meetings alternately in each of the Contracting Parties in the territory of the country. (3) within the framework of this agreement the competent institutions are: in the Republic of Latvia, the Ministry of transport, Montenegro – Transport and Maritime Affairs and Transportation Directorate. (II) passenger transport article 4 regular and systematic shuttle service (1) regular and systematic shuttle services between the territory of Contracting Parties in transit through or they need permission issued by the competent authorities of the Contracting Parties. (2) regular and shuttle service for the performance of the carrier shall submit an application to their national competent institution. If the competent institution of this application accepts, it shall send the application referred to the other country to the competent institution. (3) the permit application and related documents form the agreed Total referred to in article 3, the Commission. (4) regular services are organised, subject to reciprocity.
Each national competent authority shall issue the authorisation for a period of up to 5 (five) years part of its route, located in the territory of the country. Article 5 non-scheduled services

(1) regular services between the territory of Contracting Parties in transit through or they need permission issued by the competent authorities of the Contracting Parties. (2) the authorization referred to in the first subparagraph are not necessary the following regular services: (a)) by the conclusion of the route, when to one and the same means of transport for the whole journey is one of a group of passengers and brought it back to the place of beginning; (b) the carriage when the outward journey) is performed by the passengers and the return journey unladen; (c) the carriage when the outward journey) is made without passengers, but passengers are transported on the journey back, provided that: (i) a passenger is a group set up under the transport contract, concluded before their arrival in the territory of the Contracting Party in which they are taken on arrival to their territory; (ii) the carrier previously taken away for the territory of the Contracting Party where they are taken and again brought to its territory; (iii) have been invited to the country in which the vehicle is registered, and all shipping costs shall be borne by the person drawn invitation. d) transit trips taken by running a), (b) or (c) above in points)) services; e) bus journey that was sent to replace the damaged bus. Article 6 of the common provisions for the carriage of passengers (1) permits issued for a specific carrier in the first part of article 4 and article 5 of the transport referred to in the first subparagraph, may not be transferred to another carrier. (2) total Commission referred to in article 3 may be supplemented article 5 referred to in the second subparagraph of the list, which does not require permission. (3) vehicles, which carried out the second paragraph of article 5 and the carriage referred to in that subparagraph, must be in the fully filled journey form that contains passenger list and signed by the carrier and stamped by the competent authorities. Journey form fill-in, the carrier is in their country, and then throughout the journey to which it was issued, must be in the vehicle and must be presented at any authorized inspecting officer of the institution. (Iii) transport of goods article 7 authorisation regime (1) carriers receive a second advance the competent national authorities issued authorisations may take carriage between the territory of Contracting Parties as well as from the other country to a third country or vice versa, unless the total Commission has provided otherwise. Freight transit traffic through them are made without permission. (2) the permit may only use this carrier for which it was issued, and it may not be transferred to other persons. (3) permission to the whole journey must be in the vehicle and must be presented at any authorized inspecting officer of the institution. (4) total Commission referred to in article 3, determine the type of authorization, the period of validity of the permit for use. (5) the two Contracting Parties ' competent authorities shall exchange each year jointly agreed the number of authorisations for the carriage of goods. Article 8 Exemption from permission (1) permission is not required for the following modes of transport: a) carriage by vehicles the laden weight, including trailers, does not exceed 6 tonnes or the maximum payload, including trailers, does not exceed 3.5 tonnes; (b)) a damaged or crashed vehicles and technical assistance for transport vehicles; (c) the vehicle's unladen journey), which sent the broken vehicle in another country, as well as the replacement of the damaged vehicle back journey after repair; (d)) usable medication and medical equipment, needed urgent assistance in emergencies, particularly natural disasters and humanitarian emergencies; e) exhibitions and fairs for art exhibits and the carriage of items for non-commercial purposes; (f)) for non-commercial purposes, decorations and accessories for the transport of animals to or from theatrical, musical, film, sports or circus events, fairs or festivals, as well as radio or television broadcasts and motion pictures; (g)) just bought vehicle first journey unladen; h) funeral transport; (I) transport of livestock in particular) for that purpose or for the transport of livestock in vehicles applied; j) spare parts and food transport aircraft and ocean-going vessels. (2) in accordance with article 3 of the Commission may be created to complement this article referred to in the first subparagraph shall be exempted from the permit requirement of transport. (3) the services referred to in the first and second subparagraphs, to be located at the driver's documents, which clearly points to one of the above modes of transport. (IV) other provisions article 9 shipping Carrier may not perform cabotage transport operations in the territory of another State, unless otherwise agreed. Article 10 obligations of the carrier and sanctions (1) a service in the territory of the other, the carriers and their crews to follow vehicles in the territory of the other existing national laws and regulations. (2) if the State of one Contracting Party in the territory of the transport operator is established or registered the vehicle crew has not adhered to the other national laws and regulations in force or the provisions of this agreement or these conditions in the permit, the competent authority of their country after another country, at the request of the competent institution may apply the following sanctions: (a)) warn the carrier who committed the infringement; b) withdraw or temporarily prohibit use permit that allows the carrier to carry national of the Contracting Party in the territory of which the infringement was committed. (3) the competent institution which applied one of the following sanctions, reported to the competent authority of the other country that it proposed. (4) the provisions of this article shall not preclude the application of other legal sanctions that may apply to the Court or administrative body in which the infringement was committed. Article 11 taxation

(1) of one Contracting Party in the territory of the country registered vehicles which temporarily enter national territory a second to perform the carriage of passengers or goods under this agreement, in accordance with the legislation in force in the area of customs and fiscal laws and regulations are temporarily exempted from payments for the vehicle property. (2) the lubricating oil and fuel in the standard tank of vehicles, as well as the damaged vehicle, carrying out international occasional services, repair of spare parts, are exempt from all import duties the other territory. Unused spare parts and replacement parts are removed or handled in accordance with other national customs laws. (3) the transport of the vehicle in accordance with this agreement, established in the territory of one of the Contracting Parties, in accordance with the reciprocity principle is exempt from taxes and charges on property or use of vehicles, and from taxes and charges on transport operations in the territory of the other. However, this exemption shall not apply to road taxes, tolls for road use, and other similar charges, which are not different or more burdensome as road tax, taxes on road use, and other similar payments and related requirements may apply to their national carriers. Article 12 equipment and other requirements for the vehicles that transport of dangerous or perishable goods quickly, must comply and must be fitted in accordance with the European Agreement on the international carriage of dangerous goods by road (ADR) or the agreement on perishable foods international transport and on the special equipment to be used (ATP) of these trades. Article 13 the weight and size (1) in relation to vehicle weight and size, each Contracting Party undertakes not to nominate the other Contracting Party in the territory of the country registered vehicles more stringent requirements than those that put their national territory vehicles registered. (2) if the shipment for weight and size of the vehicle, whether laden or not exceeding the other's territory, in force maximum values require special public authorisation of the competent institution. The carrier shall take full account of such authorisation. Article 14 international obligations the provisions of this Agreement shall not affect the right of Contracting Parties, or obligations, which include international conventions, agreements and rules which they are bound.
Article 15 final provisions (1) this Agreement shall be applied provisionally from the date of its signature. Agreement shall enter into force on the date when it is received through diplomatic channels last notice by which the Contracting Parties shall notify each other that the national laws and the requirements for its entry into force. (2) this agreement may be amended by the two Contracting Parties by agreement. Such amendments shall enter into force on the first part of this article. (3) any dispute arising concerning the interpretation or application of this agreement, the Contracting Parties shall endeavour to resolve by negotiation. (4) this Agreement shall remain in force indefinitely, unless one of the Contracting Parties through diplomatic channels is not announced its intention to terminate its operation. In this case the agreement shall terminate six months after the date on which the other Contracting Party sent notes on its dissolution. Signed in Dublin in 2012 December 6, in two originals, each in the Latvian, Montenegrin and English, in addition, all texts are authentic. Different interpretations of the event, the text of the agreement is decisive in English.
Latvia on behalf of the Government of the Republic of Montenegro's Government, Foreign Minister David Rinkēvič of Foreign Affairs and European integration Minister Igor Lukšić agreement between the Government of the Republic of Latvia and the Government of Montenegro on the international transport by road the Government of the Republic of Latvia and the Government of Montenegro (hereinafter called "the Contracting Parties"):-to contribute to the anxio development of trade and economic relations between their countries; -determined to promote collaboration in road transport within the framework of the market economics; -aiming towards the development of transport intermodality; -recognizing the mutual interest and advantage of an agreement on road transport have agreed as follows: article I GENERAL PROVISON 1 scope this agreement applies to international road transport operations performed by the carrier who in his home country according to its national legislation is entitled to perform international road transport operations, on hire and reward or on own account, and may perform such operations it , from, or in transit through the other country's territory. Article 2 Definition for the

1. The term "home country" means the territory of the Contracting Parties in which the carrier is established and a vehicle is registered. 2. The term "host country" means the territory of a Contracting Party in which the carrier is operating without being registered there the its vehicle and without the carrier being established there. 3. The term "transport" means the operation of a vehicle either laden or unladen, actually, the operations of unladen vehicle including the transport of vehicles by train or boat for a part of the journey. 4. The term "carrier" means any natural or legal person, established in the territories of the Contracting Parties, and authorized in accordanc with the relevant national law and regulations to engage in the international carriage of the passenger or goods by road. 5. The term "vehicle" means: (a)) in the carriage of passenger, any power driven road vehicle which is adapted for the carriage of passenger, has more than nine seats, including the driver's seat and is registered in the territory of one of the Contracting Parties, (b)) in the carriage of goods, any power driven road vehicle, which is registered in the territory of either Contracting Party and adapted for goods transport. For the purpose of this agreement the term "vehicle" also applies to any trailer or semi-trailer coupled to any motor vehicle, disregarding the place of registration of trailer or semi trailer as well as to the combination of road vehicles. 6. The term "regular service" means passenger transport along routes and according to schedules agreed in advance and may enter or exit the passenger whereby the vehicle at predetermined stop. 7. The term "shuttle services" mean services whereby, by means of repeated outward and return journey of the passenger, the group assembled in advance are carried from a single place of departure to a single place of destination. Each group, consisting of the passenger who made the outward journey, is carried back to the place of departure on a later journey. Place of departure and destination mean respectively the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding locality within a 50 km radius. The first return journey and the last outward journey in a series of shuttles are made unladen. 8. The term "occasional service" means a service falling within the definition of ither not a regular passenger service nor within the definition of a shuttle service. The frequency or number of services does not to their classification as affec occasional service. 9. The term "cabotag" means the transport of the passenger or goods between some points within the territory of one Contracting Party carried out by (a) the carrier of the other Contracting Party. Article 3 Joint Committees and the Competent authorities For the application and 1 implementation of the provision of this agreement, the competent authorities of both the Contracting Parties establish a Joint Committee, which is formed from the members of designated by these authorities. 2. The Joint Committee shall meet at the request of the Competent authorities of the Contracting Party either at meetings that will be held alternately in the territories of the Contracting Parties. 3. Under this agreement, the Competent authorities shall: a be-For the Republic of Latvia, the Ministry of transport-For Montenegro, the Ministry of transport and Maritime Affairs and Directorate for transport (II) PASSENGER transport article 4 Regular and shuttle services 1. Regular and shuttle services operated between the territories of the Contracting Parties or in transit through them are subject to a system of a permit issued by the Competent authority of the Contracting Parties. 2. the Carrier must address applications for authorization for regular and shuttle services to the Competent authority of their home country. If that Competent authority approve the application, it forwards the application to the Competent said the authority of the host country. 3. The Joint Committee set up under article 3 hereof to decide on the form of the application for authorization and the following documents. 4. Regular services shall be established on the basis of reciprocity. Each Competent authority shall issue the permit for the period up to 5 (five) years for the section of the itinerary operated on its territory. Article 5 Occasional services 1. Occasional services operated between the territories of the Contracting Parties or in transit through their territories with a subject to a system of a permit issued by the Competent authority of the Contracting Parties. 2. As an exemption to paragraph 1 of this article the following occasional services will not require any transport permit: (a)), i.e. any other round trip services. services whereby the same vehicle is used to transport the same group of passenger in the journey throughout and to bring them back to the same place of departure; b) services which make the outward journey laden and the return journey unladen; the (c)) services which make the outward journey laden and the return journey unladen, provided that the passenger:-a group formed under constitut a contract of carriage entered into before their arrival in the territory of the Contracting Party where they are picked up and carried to the territory of the home country; -have been previously brough by the same carrier into the territory of the Contracting Party where they are picked up again and carried into the territory of the home country; -have been invited to the territory of the country of establishment, the cost of transport being borne by the person issuing the invitation. d) transit transport performed in the services defined in the indent (a), (b) or (c)))); e) comes by bus or coach sent to replace a bus which has broken down. Article 6 Common Provision on transport of Passenger 1. Permit for services mentioned within the paragraph 1 of the article 4 and the paragraph 1 of the article 5 with personal and are not transferabl to other carrier. 2. The Joint Committee set up under article 3 may add to the list of services within the paragraph 2 of the article 5 which are excluded from the system of permit. 3. Services included in the paragraph 2 of the article 5 and in paragraph 2 of this article must have in their vehicles a properly completed waybill containing the list of passenger, which has been signed by the carrier and the Stampede by the competent control authorities. The waybill shall be completed at the home country and must be kep in the vehicle throughout the journey for which it has been issued, and produced on the request of any authorized control official. (Iii) goods transport regime of article 7 will Permit

1. the Carrier may, by virtue of previously obtained a permit by the Competent authority of the host country, perform good transport between the territories of the Contracting Parties, as well as to/from third countries, if not otherwise provided for by the Joint Committee. The transit transport of goods through them will be carried out without a permit. 2. The permit can be used only by the carrier to whom it is issued and is not transferabl. 3. The permit must be kep in the vehicle during the whole journey and must be produced at the request of any authorized control official. 4. The Joint Committee set up under article 3 of the type, determin contigent, validity period for use of the permit. 5. The Competent authorities of both the Contracting Parties shall exchange annually a jointly approved number of permit for goods transport. Article 8 Exemption from permit requirements 1. The following categories of transport shall be exempted from the permit requirements: a) transport by vehicles whose Total Laden weight of Permissibl (TPLW), including trailers, does not exceeds 100 tons, 6 or when the permitted payload, including trailers, exceeds 100 does not 3.5 tonnes; (b) the transport of vehicles) which are damaged or have broken down and the transport of breakdownas repair vehicles; c) unladen runs by a vehicle sent to replace a vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that had broken down; (d)) of medical supplies and transport equipment needed for emergencies, more particularly in response to natural disaster and humanitarian aid; e) transport of works and objects of art for fairs and exhibitions for non-commercial purpose; f) transport for non-commercial purpose of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, fairs or fêtes, and those intended for radio recordings, or for film or television productions; g) first speech of newly-purchased unladen vehicles; h) funeral transport; I) transport of livestock in special purpose-built or permanently converted vehicles for the transport of livestock; j) transport of spare parts and provision for aircraft and ocean-going ships. 2. The Joint Committee set up under article 3 may add the list of transport categories exempted from the permit requirements set out in paragraph 1 of this article. 3. With regard to the transport referred to in paragraph 1 and 2 of this article, the driver must keep all papers and documents that clearly indicates that one of the above kind of transport is in the case. (IV) the COMMON PROVISION of article 9 of the Carrier of Cabotag can't perform a cabotag transport in the territory of the host country, unless it is agreed otherwise. Article 10 Obligation of Carrier and penalties 1. Carrier and their staff must comply with the national laws and provision in force in the territory of the host country while performing road transport within the host country's territory. 2. In the event that a carrier or the staff on board of a vehicle registered in one Contracting Party have not observed the legislation in force on the territory of the host country, or the provision of this agreement or the conditions mentioned in the permit, the Competent authority of the home country could, at the demand of the Competent authority of the host country , take the following measure: (a) to issue a warning) for the carrier who committed the infringement; (b) cancel or withdraw) their OK the permit allowing the carrier to perform the transport in the territory of the Contracting Party where the infringement was committed to. 3. The Competent authority which has adopted such a measure shall notify it to the Competent authority of the host country which had proposed it. The provision of this article shall not exclude the lawful sanctions which may be applied by the courts or the administration authorities of the country where the infringement was committed to. Article 11 Taxation 1. The vehicles which are imported OK, during the transport of the passenger or goods under the present agreement, into the territory of the host country in accordanc with the Customs and fiscal legislation in force in the territory on a temporary basis shall be exempted from all the duties regarding vehicle ownership. 2. Lubricant and fuel led in the standard tank of the vehicles, as well as spare parts intended for the repair of a damaged vehicle service performing international transport shall be exempted from, all the import duties in the territory of the host country. Non-used spare parts as well as old replaced parts shall be exported or treated in accordanc with customs regulations of the host country. 3. When performing transport operations under this agreement, vehicles registered in the territory of one Contracting Party, shall be exempted, according to the reciprocity principle, from the taxes and charges levied on the circulation or possession of vehicles and from taxes and charges levied on transport operations carried out in the territory of the host country. However, this exemption shall not apply to the payment of the toll road, the road user charges or other charges which are not similar to others or more burdensom than a road toll, the road user charges or other similar charges and connected requirements to which the carrier of the host country may be subjected. Article 12 equipment and others in vehicles carrying dangerous Characteristics or perishables must be good fitted out and equipped in accordanc with the requirements of the European Agreement concerning the International Carriage of dangerous goods by road (ADR) or the agreement on the International Carriage of Perishables in Foodstuff and on the Special equipment to be Used for such carriage (ATP). Article 13 weights and dimensions 1. With respect to the weights and dimensions of vehicles, each Contracting Party not to impost of undertak on vehicles registered in the territory of the other Contracting Party in which the condition more restricted than those imposed on vehicles registered within its own territory. 2. If weights and dimensions of the vehicle with or without load used in transport operations exceeds 100 the maximum permissibl limit being in force in the territory of the host country, a special permit issued by the Competent authority of that country is needed. The carrier should fully comply with the requirements specified in such permit. Article 14 International Obligation in the provision of this Agreement shall not be affec the rights or obligations of the Contracting Parties led in the International Convention, agreements and regulations which apply to them. Article 15 Final Provision will

1. The agreement shall be provisionally applied from the date of its signature. The agreement shall come into force on the date of the receipt of the last notification through diplomatic channels by which the Contracting Parties notify each other that the conditions required by their respectiv national legislation for entry into force of the agreement have been fulfilled. 2. This agreement may be amended on the basis of mutual agreement between the Contracting Parties. Such amendment shall enter into force in accordanc with the procedures stipulated in paragraph 1 of this article. 3. In case any dispute between the Contracting of «arise parties relating to the interpretation or application of this agreement, the Contracting Parties shall endeavour to settle it by negotiation. 4. This agreement shall remain in force unless it is terminated through diplomatic channels by one of the Contracting Parties. In that case the agreement shall be terminated six months after the other Contracting Party has been notified about it. in two originals done at Dublin, on December 6, 2012, each in the Latvian language, Montenegrin and English, each text being equally authentic. In the case of the divergenc of interpretation, the English text shall prevails.
For the Government of the Republic of Latvia For the Government of Montenegro Minister for Foreign AffairsEdgar in the Rinkēvič of the Minister of Foreign Affairs and European IntegrationIgor Lukšić