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The Government Of The Republic Of Latvia And The Government Of The Republic Of Croatia On International Transport By Road

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

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the Republic of Croatia on international transport by road 1. 2002. April 4, Riga, signed by the Government of the Republic of Latvia and the Government of the Republic of Croatia on international transport by road (hereinafter referred to as the agreement) with this law is adopted and approved. 2. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian and English. 3. article. The agreement shall enter into force for the period specified in article 16, and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 20 June 2002. State v. President Vaira Vīķe-Freiberga in Riga on 3 July 2002, the Government of the Republic of Latvia and the Government of the Republic of Croatia on international transport by road for the Government of the Republic of Latvia and the Government of the Republic of Croatia (hereinafter referred to as the "Contracting Parties"), in order to facilitate passenger and cargo transport with road transport between the two countries and transit through their territories, agreed on the following: i. General provisions article 1 definitions 1 the term "national" means the Contracting Party in the territory of the country in which the vehicle is registered. 2. The term "other country" means the country of the Contracting Party in which territories the vehicle is used for a service, but not registered. 3. The term "carrier" means any natural or legal person established in the territory of the Contracting Parties and in accordance with the applicable national laws and regulations shall be entitled to carry out international carriage of passengers or goods by road. 4. The term "means of transport" means: (a) the carriage of passengers: any) motorised road vehicle designed 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)): any trades, either Contracting Party in the territory of the country registered motorised road vehicle designed and used for the carriage of goods. In this agreement, the term "vehicle" includes any road vehicle with trailer or semi-trailer connected regardless of their place of establishment, as well as to any other combination of road vehicles. 5. The term "regular services" means the carriage of passengers, which is made in accordance with the previously agreed timetable for certain routes and during which passengers can board the means of transport or to get out of it at predetermined stopping points. These regular services organisation, based on the principle of partnership. The competent authority in each country shall issue authorizations to it a part of the route is located within the territory of the country. 6. The term "systematic outward and return carriage" means carriage of passenger, previously created group of repeated outward and return journeys are being transferred from one place of departure to a single destination. Each group of passengers, consisting of the passengers who made the outward journey, one of the following return trips is brought at the beginning of the journey. Article 2 scope this Agreement shall apply to the international transport by road, carried out by a carrier in accordance with their own national regulations, are entitled to carry out international transport operations by road by the lease agreement, for payment or your needs to the other, from its territory or in transit through it. Article 3 compliance with the national regulations for road transport shipments with other national carriers and their crews of vehicles followed there existing national laws and regulations. Article 4 of the Joint Committee and the competent institution 1. in order to ensure compliance with the provisions of this agreement and the application of contracting parties ' competent authorities shall set up a Joint Committee composed of representatives of competent institutions set. 2. The Joint Committee shall meet one or other of the Contracting Parties, at the request of the competent institution, which shall hold meetings alternately in each of the Contracting Parties in the territory of the country. 3. Within the framework of this agreement the competent institutions of the Republic of Latvia are: — — Ministry of transportation; -Republic of Croatia-Maritime Affairs, Transport and communications Ministry. II. passenger transport article 5 Permission for all passengers with a means of transportation between the territory of contracting parties or in transit through them, with the exception of article 7, as referred to in paragraph 2 requires appropriate competent authorities of the other State issued permit. Article 6 regular and systematic shuttle services (1). The regular and systematic shuttle services between the territory of contracting parties or in transit through them mutually aligned above the national competent authorities. 2. in order to obtain permission for regular and systematic shuttle transport, carriers should be addressed to the appropriate application of their own national competent institution. If the competent institution of this application accepts, it shall forward it together with the other recommendations, the competent institution of the State. 3. the Joint Committee) shall be determined: (a) the procedure and requirements that must be met when submitting applications; (b)) determines the requirements should correspond to the place of departure and of destination shuttle services systematic. Article 7 regular services Not 1. regular services are services which do not comply with article 1 of this agreement specified in the regular and systematic definition of a shuttle service. 2. Permission for carriage in the territory of the other country does not need such regular services not performed by one Contracting Party in the territory of the country registered vehicles: (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)) when carriage make the outward and return journey for passengers without passengers; (c) when) the outward journey is made unladen, but passengers are being transported the return journey, in addition: — passenger group is created in accordance with the contract of carriage before their arrival in the territory of the Contracting Party where they are taken on arrival at the territory of their own State; — passengers the same carrier above is brought to its territory of the Contracting Party where it once again takes the arrival at their national territory; — passengers have been invited to the country in which the vehicle is registered, and all shipping costs shall be borne by the person who has invited passengers; d) transit trips taken by running a), (b) or (c))) referred to traffic; e) bus journey that was sent to replace the damaged bus. 3. Means of Transport with which to carry out the transport referred to in paragraph 2, must be in the fully filled journey form that contains passenger list and signed by the carrier and stamped by the competent authorities. 4. the journey form fill-in, the carrier in your country and the whole journey must be located on the vehicle to which it applies, and it must be presented by any authorized inspecting officer at the request of the institution. 5. All other modes of transport, other than those referred to in article 6 and article 7, paragraph 2, requires a permit in accordance with national laws and regulations shall be issued by the competent institution of the other country. III. Carriage of goods article 8 authorisation regime 1. Carriers without permission can take a carriage between the territory of Contracting Parties as well as in transit through them. 2. the carrier can carry freight between the other country and a third country territories only if they have previously received the other competent national authorities issued authorisations. 3. the authorisation may only be used for this carrier, which it was issued, and it may not be transferred to other persons. Permission to the whole journey must be in the vehicle and must be presented at any authorized inspecting officer of the institution. 4. the two parties, the competent authorities shall exchange each year a mutually agreed the number of authorisations for the carriage of goods. Article 9, which authorisation is not required 1. Permission is not required for the following services: a) the carriage of goods by vehicles with a 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) means of transport journey unladen, sent in another country damaged vehicles, as well as the replacement of the damaged vehicle return journey after repair; (d)) usable medication and medical equipment, needed urgent assistance in emergency situations, particularly natural disasters and humanitarian assistance cases; e) exhibitions and fairs for art exhibits and transporting for non-commercial purposes; (f)) for non-commercial purposes, decorations and accessories for carriage of animals to or from theatrical, musical, film, sports or circus performances, fairs or events festivals, as well as radio or television broadcasts and motion pictures; (g)) just bought the first journey. 2. the Joint Committee shall have the power to change this article referred to in paragraph 1 from the permission mode released the list and agree on documents that must be in a means of transport, carry out the above operations. IV. other provisions article 10 shipping Carrier may not perform cabotage transport operations in the territory of the other country. Article 11 Breach 1. If one Contracting Party established in the territory of the country or the vehicle's 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. 2. The competent institution of that applied one of the following sanctions, reported to the competent authority of the other country that it proposed. 3. 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 occurred. 12. Article 1 taxes of one Contracting Party in the territory of the country registered vehicles, which temporarily enter national territory a second to perform the service covered by this agreement is mutually exempt and payments on property or means of transport and from taxes and charges on transport operations in the territory of the other. 2. However, this exemption does not apply to charges for toll roads and bridges and other similar payments, which shall be charged based on non-discriminatory terms. 3. in relation to this article referred to in paragraph 1, the means of transport are exempted from customs duties: (a) means of transport); b) lubricants and fuel that is in a standard means of transport, containers and refrigeration equipment, fuel tanks; c) spare parts, imported in the territory of the other country's damaged vehicle repair. Replaced parts are removed or destroyed by the competent customs authorities. Article 13 which dangerous goods are making dangerous goods international transport, both in the territory of Contracting Parties in the implementation of the transport must be registered in the European Agreement on the international carriage of dangerous goods by road (ADR). Article 14 weight and dimensions 1. as regards the weight of vehicles and the size of each Contracting Party undertakes not to nominate the other Contracting Party in the territory of the country registered vehicles higher requirements than those in force in the territory of their own State, registered means of transport. 2. where the transport operation, transport for weight and size, whether laden or not exceeding the other territory of the maximum permitted size, require special public authorisation of the competent institution. The carrier must comply with all the requirements set out in the permit. Article 15 the international obligations the provisions of this Agreement shall not affect the right of Contracting Parties, or obligations resulting from international conventions, agreements and rules which they are bound. Article 16 entry into force and duration 1. this Agreement shall be applied provisionally from the date of signature and shall enter into force on the date when it is received through diplomatic channels to the last note, by which the Contracting Parties notify each other that the corresponding national legislation requirements for its entry into force. 2. 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. In witness whereof the undersigned, duly authorized their Governments, have signed this agreement. Signed in 2002 Riga, April 4 in two originals, each in the Latvian, Croatian and English, in addition, all texts are authentic. Different interpretations of the event, the text of the agreement is decisive in English.
The Government of the Republic of Latvia, the Republic of Croatia on behalf of the Government of the Tonino Picula Parker Smith's Foreign Minister Foreign Minister agreement between the Government of the Republic of Latvia and the Government of the Republic of Croatia on international transport by road the Government of the Republic of Latvia and the Government of the Republic of Croatia (hereinafter called "the Contracting Parties"), (menu Rngton Line4) to promote transport of passenger and goods by motor vehicles between and in transit through the territories of both countries , Have agreed as follows: i. GENERAL PROVISON article 1 Definition 1. The term "home country" means the territory of the Contracting Parties in which a vehicle is registered. 2. The term "host country" means the territory of a Contracting Party in which a vehicle is being used in transport operations but other than the vehicle's country of registration. 3. The term "carrier" means any physical 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. 4. 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 and used for goods transport normally. 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 any combination of road vehicles. 5. 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. These regular services shall be established on the basis of reciprocity. Each competent authority shall issue the permit for the section of the itinerary operated in its territory. 6. 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.  Article 2 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 to, from, or in transit through the other country's territory.  Article 3 compliance with national Carrier battle groups and their staff must comply with the national laws and provision in force in the territory of the host country while performing road transport operations within the host country's territory.  Article 4 the competent Joint Committee and authorities 1. For the application and implementation of the provision of this agreement, the competent authorities of both parties to 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 be to: — for the Republic of Latvia, the Ministry of transport, — for the Republic of Croatia, the Ministry of Maritime Affairs, transport and communications. II. PASSENGER transport article 5 Authorization All passenger transport operations by vehicles between the territories of the Contracting Parties and in transit through them, except to those specified in article 7.2 must have the respectiv carbine issued by the competent authority of the host country.  Article 6 Regular and shuttle services 1. Regular and shuttle services operated between the territories of the Contracting Parties or in transit through them shall be approved jointly by their competent authority in advance. 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 said application to the authority of the competent host country along with (a) recommendations. 3. The Joint Committee should: (a) establish the conditions) and requirements that must be fulfilled by the application; (b)) define the concepts of the place of departure and destination on the shuttle services.  Article 7 Occasional services 1. Occasional services denot services falling within the definition of ither not regular service nor within the definition of a shuttle service provided in article 1 of this agreement. 2. The following occasional services carried out using vehicles registered in the territory of one Contracting Party will not require any transport permit in the territory of the host country: a) round trip services, i.e. any other. 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. 3. Services included in paragraph 2 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. 4. 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. 5. All other services not mentioned within articles 6 and 7 are subject to a permit issued by the competent authorities to be in accordanc with national laws and regulations of the host country.  III. GOOD transport regime of article 8 1 of the Carrier's permit may perform good transport between the territories of the Contracting Parties as well as in transit through them without a permit. 2. the Carrier may perform good transport between the territories of the host country and third countries only if they have previously obtained a permit issued by the competent authority of the host country. 3. The permit shall be used only by the carrier to whom it is issued and shall not be transferabl. 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 competent authorities of both the Contracting Parties shall exchange annually a jointly approved number of permit for goods transport.  Article 9 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. 2. The Joint Committee is entitled to amend the list of transport categories exempted from the permit requirements set out in paragraph 1 of the present article, and to agree upon documents to be carried on the board when performing the above mentioned transport.  IV. OTHER PROVISION of article 10 of the Cabotag of the cabotag cannot perform Carrier transport in the territory of the host country.  Article 11 Infringement 1. 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. 2. 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 12 Taxation 1. Vehicles which are registered in the territory of one Contracting Party and the OK imported into the territory of the host country to perform transport services in accordanc with this Agreement shall be the main, 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. 2. However, this exemption shall not apply to the payment of road toll, bridge toll and other similar charges, which shall always be required on the basis of the principle of non discrimination. 3. On the vehicles mentioned in the paragraph 1 of this article shall be exempted of customs duties on: a) the vehicles; b) lubricant and fuel led in the ordinary supply tanks of the vehicles and in the tank for the refrigerating equipment; c) spare parts imported into the territory of the host country, intended for the breakdownas service of a vehicle. Replaced parts shall be re-exported or destroyed, under the supervision of the Customs authorities competent to.  Article 13 dangerous goods When transporting dangerous goods internationally, the carrier who are registered in the territories of either Contracting Parties must comply with the provision of the European Agreement concerning the International Carriage of dangerous goods by road (ADR).  Article 14 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 15 the International obligation of 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 16 Entry into force and duration 1. The agreement shall be provisionally applied from the date of its signature and 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 shall remain in force for an undefined period of time unless it is denounced 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 WITNESS WHEREOF, ... the undersigned being duly authorised by their Governments of the respectiv theret, have signed the present agreement. Done in two originals at Riga, on 4 April 2002, each in the English, Croatian and Latvian languages, 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 the Republic of Croatia by Tonino Picula Prokop Berzin's Minister of Foreign Affairs Minister of Foreign Affairs