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

Original Language Title: Par Latvijas Republikas valdības un Azerbaidžānas 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 Azerbaijan on international transport by road 1. 10 July 2001 in Baku signed by the Government of the Republic of Latvia and the Government of the Republic of Azerbaijan 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 date of its promulgation. To put the agreement by law Latvian and English. 3. article. The agreement shall enter into force on its article 16 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by Parliament in 2001 on 13 December. The President of the Parliament instead of the President j. stream in 2001 Riga on December 28, the Government of the Republic of Latvia and the Government of the Republic of Azerbaijan on international transport by road for the Government of the Republic of Latvia and the Government of the Republic of Azerbaijan (hereinafter referred to as "the 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. "my country" — part of the territory of the country in which the vehicle is registered. 2. "second State" — part of the territory of the country in which the vehicle is used for a service, but not registered. 3. "transporter", any natural or legal person established in the territory of the Republic of Latvia or in the territory of the Republic of Azerbaijan 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 ' means of Transport ': a) the carriage of passengers: any motor vehicle intended for the carriage of passengers having more than nine seats including the driver's seat, and who is registered in a State party in the territory; (b)): any trades of one or other of the parties in the territory of the country registered motor 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 its place of establishment, as well as to any other combination of road vehicles. 5. "regular services": the carriage of passengers according to the previously agreed timetable for certain routes; During this transport passengers can board the means of transport or to get out of it at predetermined stopping points. 6. "occasional services": services that do not conform to paragraph 5 of this article in terms of regular transport. 7. "cabotage": the carriage of passengers or goods by one party in the territory of the country registered means of transport between two points in the territory of the other. Article 2 scope this Agreement shall apply to the international transport by road, carried out by the carrier, in accordance with your country's national laws and regulations shall be 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 of the Joint Committee and the competent institution 1. in order to ensure compliance with the provisions of this agreement, the competent authorities of the Parties shall establish a Joint Committee comprising the parties ' competent institution nominated representatives. 2. the Joint Committee meeting takes place after one or both parties, at the request of the competent institution of each of the parties, alternately in the territory of the country. 3. the Joint Committee shall deal with any understanding or application of this agreement-related issues. 4. Within the framework of this agreement the competent institutions of the Republic of Latvia are: — — Ministry of transportation; — The Republic of Azerbaijan, the State Enterprise "Azeravtonagliyy" (until the establishment of the Ministry of Transport). II. passenger transport article 4 permits All traffic with passenger vehicles between the territories of the parties, or in transit through them, with the exception of article 6, referred to in paragraph 1 requires appropriate second national authorisation of the competent institution. Article 5 regular services 1. Regular services between the territories of the parties, or in transit through them mutually aligned above the national competent authorities. These regular services organisation, based on the principle of partnership. The competent authority in each country shall issue authorizations to it part of the route, located in its territory. 2. to get the permissions for regular services, carriers must address the 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. Article 6 regular services Not 1. Following regular services not performed by one party in the territory of the country registered vehicles, you do not need permission for the other transport in the territory of the country: a) by concluding a route, once with the same means of transport throughout the journey are transported in one and the same group of passengers and brings them back in place of departure; (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 party where they are taken on arrival to your country; — passengers the same carrier above is brought to the territory of the country of the party that 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. 2. Means of Transport with which to carry out the transport referred to in paragraph 1, must be in the fully filled journey form that contains passenger list and signed by the carrier and stamped by the competent customs authority. 3. the journey form, the carrier completed in their 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. III. Carriage of goods article 7 authorization mode 1. If the Joint Committee has not taken a decision, the other carriers may operate transport of goods between the territories of the parties, in transit through them, as well as to/from third countries receive a second before the competent national authorities issued authorisations. 2. 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. 3. the competent authorities of both parties every year Exchange mutually agreed the number of authorisations for the carriage of goods. Article 8, 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) irregular carriage of goods to or from airports, in cases where a change to the route of flight; c) damaged or crashed vehicles and vehicle of technical assistance; d) means of transport journey unladen, sent in another country damaged vehicles, as well as the replacement of the damaged vehicle return journey after repair; e) ocean vessels and aircraft for spare parts and food supplies; f) medication and medical equipment to be used for transporting the urgent need for assistance in emergency situations, particularly natural disasters and humanitarian emergencies; g) exhibitions and fairs for the transport of exhibits and articles for non-commercial purposes; h) noncommercial purposes, decorations and accessories for the transport of animals to or from theatrical, musical and circus shows, movies and sporting events, fairs or festivals, as well as radio or television broadcasts and motion pictures; I) funeral transport; (j) transport as public) postal services; k) just bought the first journey unladen; l traveller for the transport of goods), changing the place of residence. 2. the Joint Committee shall be empowered to amend 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 9 shipping Carrier may not perform cabotage transport operations in the territory of the other country. Article 10 compliance with national laws and regulations to the transport by road of other carriers in the territory of the country, and the crew of the means of transport must comply with there existing national laws and regulations. The provisions of this Agreement shall not preclude the application of restrictions of movement of transport, if it is related to the national security of the parties. Article 11 sanctions violations and 1. If one party in the territory of the country registered carrier or transport crew has not adhered to the other national laws in force, and other legislation 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 the State 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. Article 12 duties 1. One Party in the territory of the country registered means of transport with which the framework of this agreement in the territory of the other shall take a) regular passenger services, b) of article 6 of this agreement referred to in paragraph 1, (c) occasional services) freight transport within the quota (d)) of the agreement referred to in article 8 transport operations are mutually exempt and payments on property or means of transport and from taxes and charges on transport operations in the other country. 2. However, this exemption does not apply to charges for toll roads and bridges and other similar payments shall be charged on the basis of non-discriminatory conditions. 3. Concerning this article referred to in paragraph 1, the means of transport, of the customs duty relief: a) means of transport; b) lubricants and fuel that is in a standard means of transport, containers and refrigeration equipment, fuel tanks, if the quantity does not exceed the maximum allowed in the other country; 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, the transport registered in any of the areas of the two countries should implement the European Agreement concerning the international carriage of dangerous goods by road (ADR). If the Joint Committee has not taken a different decision, the transport of dangerous goods on the territory of the other State require the competent national authorities issued a special permit. Article 14 weight and dimensions 1. for vehicle weight and dimensions, each party agrees not to impose on the territory of the other party vehicles registered in 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 both parties or obligations arising 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 thirtieth day after receipt of the latter diplomatic note by which the Parties notify each other of the relevant constitutional requirements. 2. Any amendment of this agreement are presented in the form of a Protocol, which enters into force paragraph 1 of this article in accordance with the procedure laid down in this agreement and shall form an integral part. 3. this Agreement shall remain in force unless one of the 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 of the note sent to the other party for the termination of its activities. Signed in Baku on July 10, 2001, in two originals, each in the Latvian, Azerbaijani and English languages, each text being equally 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 Azerbaijan on behalf of the Government of Vilajat Gulijev of Parker Smith, Foreign Minister Foreign Minister agreement between the Government of the Republic of Latvia and the Government of the Republic of Azerbaijan on International transport by Road the Government of the Republic of Latvia and the Government of the Republic of Azerbaijan (hereinafter called "the 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 PROVISION article 1 Definition 1. The term "home country" means the territory of the Party in which a vehicle is registered. 2. The term "host country" means the territory of the 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 on the territory of the Republic of Latvia or the Republic of Azerbaijan, 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 parties; (b)) in the carriage of goods-any power driven road vehicle which is registered in the territory of either 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. 6. The term "occasional services" services not falling denot within the definition of regular services provided in the paragraph 5 of this article. 7. The term "cabotag" means carriage of passenger or goods by vehicles registered in the territory of one of the parties between the two points located in the territory of the host country. 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 Joint Committees and the competent authorities 1. For the application 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 either Party at meetings that will be held alternately in the territories of the parties. 3. Any issue concerning the interpretation or the application of this Agreement shall be solved by the Joint Committee. 4. Under this agreement, the competent authorities shall be to: — for the Republic of Latvia, the Ministry of transport; -for the Republic of Azerbaijan, the "Azeravtonagliyy" State Concern (before forming of the Ministry of transport). II. PASSENGER transport article 4 Authorization All transport operations by passenger motor vehicles between the territories of the parties and in transit through them, except to those specified in article 6.1, must have the respectiv carbine issued by the competent authority of the host country. Article 5 Regular services Regular services operated 1 between the territories of the parties or in transit through them shall be approved jointly by the competent authorities in their advance. 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. 2. the Carrier must address applications for authorization for regular 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. Article 6 the Occasional services 1. The following occasional services carried out using vehicles registered in the territory of one 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 Party where they are picked up and carried to the territory of the country of establishment; — have been previously brough by the same carrier into the territory of the Party where they are picked up again and carried into the territory of the country of establishment; — 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. 2. Services included in point 1 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 custom authorities. 3. 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. GOOD transport regime of article 7 permit 1. If not otherwise provided for by the Joint Committee, carrier may, by virtue of previously obtained a permit issued by the competent authority of the host country, perform good transport between the territories of the parties, in transit through them, as well as to/from third countries. 2. 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. 3. The competent authorities of both the 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, or 6 where the permitted payload, including trailers, exceeds 100 does not 3.5 tonnes; (b) transport on an occasional basis), or from the airports, in cases where air services are diverted; c) transport of vehicles which are damaged or have broken down and the transport of breakdownas repair vehicles; d) unladen runs by a goods 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; e) transport of spare parts and provision for ocean-going ships and aircraft; f) transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disaster and humanitarian aid; g) transport of works and objects of art for fairs and exhibitions or for non-commercial purpose; h) 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; I) funeral transport; mail transport axis j) public service; k) first run of newly purchased unladen motor vehicles; l) transport of household removal goods. 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 9 of the Carrier of Cabotag can't perform a cabotag transport in the territory of the host country. Article 10 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. The provision of this agreement do not exclude the possibility to apply transport circulation restriction for reasons of national security of either Party. Article 11 Infringement and sanctions 1. In the event that a carrier or the staff on board of a vehicle registered in one 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 sanctions: (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 Party where the infringement was committed to. 2. The competent authority which has adopted such a sanction 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 Party, when performing a) regular carriage of passenger, b) occasional services mentioned in article 6, paragraph 1 (c)) haulag of goods within the limits of quota, d) transport operations mentioned in article 8 of this agreement, in the host country under the framework of this agreement, shall be the main , according to the reciprocity principle, from the taxes and charges levied on the circulation or possesions 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 principles 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 not exceeding the maximum allowed by the host country; 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 of the two parties must comply with the provision of the European Agreement Concerning the International Carriage of dangerous goods by road (ADR). When transporting dangerous goods in the host country, a special permit issued by the competent authority of that country is needed, if not otherwise agreed by the Joint Committee. Article 14 weights and dimensions 1. With respect to the weights and dimensions of vehicles, each Party not to impost of undertak on vehicles registered in the territory of the other Party with more conditions which 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 two 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 thirtieth day after the receipt of the last diplomatic note by which the Parties notify each other that the constitutional requirements in their respectiv have been fulfilled. 2. Any amendments to this Agreement shall be included in the Protocol, which enter into force under the procedure mentioned in paragraph 1 of this article and shall be an integral part of this agreement. 3. This agreement shall remain in force unless it is terminated through diplomatic channels by one of the parties. In that case, the termination of the agreement shall take effect six months after the other Party has been notified about it. in two originals done at Baku, on "10" July, 2001, each in the English language of the Latvian, Azerbaijanian and, 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 Azerbaijan Parker Smith Vilay a Minister of Foreign Affairs Minister Guliyev of Foreign Affairs