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The Government Of The Republic Of Latvia And The Government Of The Republic Of Italy On The Passenger And Cargo International Transport By Road

Original Language Title: Par Latvijas Republikas valdības un Itālijas Republikas valdības nolīgumu par pasažieru un kravu 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 Italy on the passenger and cargo international transport by road 1. 1996. April 3, Riga, Latvia signed the Government of the Republic and the Government of the Republic of Italy on the passenger and freight road transport international transport (hereinafter 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 language. 3. article. The Ministry of Foreign Affairs on the basis of this law and in accordance with article 31 of the agreement shall be prepared by the ratification of the article to send to the Government of the Italian Republic. 4. article. Agreement shall enter into force for the period specified in article 31 and in order. The law adopted in 1996 by the Parliament on September 26. The President g. Ulmanis in Riga in 1996 on October 4, the Government of the Republic of Latvia and the Government of the Republic of Italy on the passenger and cargo international transport by road for the Government of the Republic of Latvia and the Government of the Italian Republic (hereinafter referred to as the Contracting Parties), to promote the mutual interest of passenger and freight transport by road and determine the procedure between the two countries and transit through their territories, agreed on the following : article 1 of the two national carriers of the Contracting Parties, subject to the terms of this agreement, shall be entitled to make passenger and freight operations between the two countries, as well as in transit through their territory by vehicles registered in any of the territory of Contracting Parties. I. the passenger transport 1.1. The scope of article 2 of this Agreement shall determine the order in which, subject to the country of each Contracting Party in the territory of the existing legal provisions on the entry and residence of persons, are performed in the international transport of passengers between the two countries and transit through their territories by vehicles (buses) for more than 9 persons, of the vehicle, including the driver. 1.2. regular passenger services between the two countries article 3 1. Within the framework of this agreement, regular passenger transport is the carriage of passengers, which is made with buses along specified routes, in accordance with the previously developed and published lists of motion and driving charges. 2. Carriers operating regular passenger services, have the right to pick up passengers and set the route ends and other defined stop. 3. Carriers ends or stop locations to take passengers in road vehicles, if they are free seats, subject to national legislation and the provisions of this agreement concerning the carriage of passengers on scheduled routes. 4. article on the launch of regular passenger services between the two countries on the basis of article 28 of the agreement mentioned in the overall Commission's decisions, mutually agreed between both parties, the competent authorities, determined in accordance with article 27 of this agreement. 5. Article 1. Regular passenger services must obtain a permit in advance, which is not transferable to another carrier. 2. Both Contracting Parties the competent authorities on the basis of mutual equality, authorise it for part of the route, located in the territory of the country concerned, unless the aforementioned institutions have made a different decision. 3. total the Commission agree on the period of validity of the authorization. 4. the authorisation of regular services shall be issued based on an application submitted by the carrier to the competent authority of the Contracting Party in whose territory the carrier is established. 5. The application must specify the routing, timetable during the year and driving charges, which are determined on the basis of tariffs agreed in the Joint Commission, as well as all other information must be provided, where appropriate, will request the two Contracting Parties the competent institution. The application must be accompanied by the prescribed route plan indicating the waypoints and driving distances in kilometers. 6. submissions received after their approval, together with all necessary documentation of one of the Contracting Parties shall forward to the competent institution of the other Contracting Party, the competent institution. 7. Licences shall be issued by the competent institution of the common Commission. 8. the authorisation or approved by the competent authority authenticated copy of the authorisation for the carriage of vehicles must be found. Article 6 the carrier of one Contracting Party may not perform the carriage of passengers between two points of the other Contracting Party in the territory of the country if one of the two Contracting Parties the competent institution is not adopted jointly by another decision. 1.3. regular transit services article 7 1. Within the framework of this agreement regular transit traffic is passenger transport, which are made from any one of the Contracting Parties to a third country national in transit through the country of the other Contracting Party in the territory, without picking the passengers of the other Contracting Party in the territory of the country. 2. Regular transit services may be carried out after authorisation. Authorisation issued by the competent institution of the Contracting Party through whose territory transit traffic are taken. Submissions must be submitted with your carriers the competent national body. 1.4. the Systematic transport and article 8 1. systematically within the framework of this agreement, shuttle services are the transport, organized for the transport of passengers, the group created above, repeated trips back and forth from one place of departure of one Contracting Party in the territory of the country to one residence, resort or tourist sites of the other Contracting Party in the territory of the country. This group, consisting of the passengers who made the outward journey, following a return trip must be brought back if one of both Contracting Parties, the competent authorities have not adopted jointly by another decision. 2. these services first return journey and the last outward journey must be carried out without passengers. 9. Article 8 of this agreement, 1. systematic referred to in article shuttle services are necessary for the performance of the two Contracting Parties the competent institution issued permissions. 2. the permit is issued based on the application submitted by the carrier to the competent authority of the Contracting Party in whose territory the registered carrier company. 3. The application must specify the transport endpoint, trip itinerary, flights, travel date, as well as any other information that both Contracting Parties ' competent authorities have jointly agreed to request. 4. the competent institution of the Contracting Party that received the petition, after its approval, shall forward it together with the required documentation of the other Contracting Party, the competent institution. 5. The other Contracting Party, the competent institution must notify its decision within 30 days after receipt of the application. 6. After the authorization of the other competent authorities of the Contracting Party, the carrier shall be issued by the competent institution of the State in the territory of which the carrier is established. 1.5. the occasional services article 10 within the framework of this agreement, the occasional passenger services are services which meet one of the following cases: 1) carrying the same passengers on the same road vehicle throughout the journey, the beginning of which the place and the place of arrival are situated within the country in which the vehicle is registered; 2) carrying the same passengers on the same road vehicle if the trip starts in one of sea ports or airports in the country in which the vehicle is registered and ends in one of sea ports or airports of the other Contracting Party in the territory of the country, at which the vehicle must return: a) without passengers; (b)) or with passengers who have arrived by ship or aircraft at the port or airport, where it was delivered to the previous passengers, who must continue their journey by boat or plane, leaving a port or airport within the country in which the vehicle is registered; (c)) or with passengers who have arrived by ship or plane to another port or airport in the country in which the port or airport where the passengers were delivered to the former, and which must continue their journey by boat or plane, leaving a port or airport within the country in which the vehicle is registered; 3) driving without passengers to the other Contracting Party's territory to carry groups of passengers assembled on the prior agreement between the carrier and the Subscriber, arrival to the country in which the vehicle is registered. 11. Article 1 of this agreement. 10.1) and of article 2 above), also in transit are carried out without permission. 2. in such cases, the vehicle must be in the form of a journey with a passenger list. 3. Crash victim or damaged bus is replaced by another without authority of the common bus in accordance with the procedure laid down by the Commission. 4. Article 10 of the agreement) referred to in paragraph 3, in case the Contracting Party the competent institution of the country of which the carrier is going to take this movement, must require the permission of the other party, the competent institution. 1.6. Other forms of coach and bus services article 12 1. All other types of transport with buses, not provided for in the previous articles, in each case is to receive the other competent authorities of the Contracting Party of the authorisation. 2. Licences shall be issued on the basis of submissions to be the address of the Contracting Party, the competent institution of the country of which the carrier is established. 3. The application must specify a trip itinerary, trip purpose, carrying out a vehicle used for the type, as well as any other information that both Contracting Parties ' competent authorities have jointly agreed to request. 4. the Contracting Parties shall forward to the competent institution of the other Contracting Party, the competent institution of the received and approved applications, with all the necessary documentation. 5. The other Contracting Party, the competent institution shall notify its decision within 30 days after receipt of the application. 6. After the authorization of the other competent authorities of the Contracting Party, the carrier shall be issued by the competent institution of the State in the territory of which the carrier is established. II. Carriage of goods 2.1. Transport between the two countries and transit through their territories of article 13 1. Carriers can take a carriage between the territory of Contracting Parties, with the exception of articles 14 and 15 cases previously referred to receiving the other competent authorities of the Contracting Party issuing the permit, unless the total the Commission has not taken a decision on the waiver permits transport between the two countries. 2. in the carriage of the other Contracting Party in the territory of the country, vehicle and driver entry, movement and residence time of the route by the principle of equality may be subject to specific conditions, control and security measures, when required by national security. 1. Article 14 provided that they comply with the country of each Contracting Party in the territory of the existing legal provisions on the carriage of goods and the import and export of goods, this agreement provided for in article 13 authorisation is not required: 1) the transport of mortal remains; 2) moving materials for exhibitions; 3) occasional carriage of goods to or from airports forced a change of means of transport; 4) luggage transport with trailers connected by passenger vehicles, and the carriage of baggage by any type of road vehicle to or from the airport; 5) mail services; 6) moving drugs and medical supplies for urgent assistance, especially of natural disasters; 7) goods valuable goods (e.g. precious metals), carried out by specialised vehicles, which guarded and escorted by the police; 8) carriage of spare parts for ship or aircraft repair, providing sea and air traffic; 9) cargo vehicle that performs transfer without goods to replace the damaged vehicle that become unusable in the territory of the country where it is registered, and continue the cargo using the damaged vehicle permit; 10) Bee and fish fry. 2. for the purposes of this article, the list provided, which do not require permissions, can be supplemented by joint decision of the Commission. 3. The provisions of this article do not exempt carriers from the obligation to design other above services the necessary documents. Article 15 1.-valid for one outward and return journey, it is not transferable to another person and entitles the carrier to whom it was issued, to undertake carriage by road vehicle (truck without a trailer or semi-trailer), or combination of road vehicles (truck with trailer or semi-trailer) permits within the validity period, which shall not exceed one year. 2. transit transport through the territory of Contracting Parties are not subject to authorisation regime, unless the competent authorities of the Contracting Parties have not adopted other decisions. 3. Within the framework of this agreement, transit traffic is the carriage of goods, by any one of the Contracting Parties to a third country national in transit through the country of the other Contracting Party in the territory, without unloading or loading cargo in the area. 1. Article 16 Carrier may not pick up the other Contracting Party in the territory of the country of shipment that landed in the same Contracting Party in the territory of the country. 2. the carrier, which the company is located in one of the Contracting Parties in the territory of the country, may not carry out transport operations between the other Contracting Party's territory and a third country, if one of the other Contracting Party, the competent institution has issued the appropriate permissions. III. General provisions article 17 1. Each of the competent authorities of the Contracting Party, subject to their national provisions in force, establishes the professional and technical requirements of carrier companies, vehicle compliance services, vehicle technical passport content, driving skills, the insurance, the amount of the refund and the maximum amount of money, for injury or damage to third parties and passengers in the event of the risk of civil liability. 2. In all cases, the conditions of the certificate of insurance must comply with legislative requirements of the State in whose territory the transport operation is carried out. Article 18 the parties concerned, the competent authorities shall lay down, by common accord, the passenger ticket sales, passenger and freight documents for, and intended for the exchange of statistical data. 19. Article 1 each contracting party carriers and vehicle crews, upon entering the other Contracting Party in the territory of the country, there to be followed, the existing road traffic and transport operations. 2. where the carrier contravened the provisions referred to in this article, is the responsibility of the Contracting Party, the competent institution of the State in the territory of which the infringement committed. Article 20 1. Carriers must follow currency and the tax laws in force in the territory of the Contracting Party where the transport is carried out. 2. The Joint Commission shall have the right to propose tax relief, which is not contrary to the law of both Contracting Parties. 21. Article 1. Goods vehicles registered in one Contracting Party in the territory of the country and to the time entered by the other Contracting Party in the territory of the country, without restrictions and prohibitions are exempt from customs duties on condition that they roll back. 2. Both Contracting Parties have the right to expose the vehicle to customs formalities for means of road transport for the temporary entry into its territory. Article 22 1. Drivers and other crew members allowed to import temporarily without the payment of customs duties and other import taxes, the quantity of items required for their personal use during the journey, and in proportion to the duration of the stay in the other Contracting Party's territory, provided that these items do not transfer to other persons. 2. subject to the other Contracting Party in the territory of the existing customs regulations, customs duties and other import taxes are exempted food for the journey, a small quantity of tobacco and a small number of cigars and cigarettes, intended for personal use. 3. these benefits are granted pursuant to the customs rules for personal use designed objects and the temporary importation exemption from customs payments. Article 23 the fuel that is in a standard road vehicle fuel tanks without restrictions and prohibitions are exempt from customs duties and other import taxes. With the concept of "standard fuel tank" means a tank that is constructive for the vehicle concerned. 24. Article 1. Spare parts that are imported into the territory of the other Contracting Party in the territory of the country, to repair the damaged or shipwrecked in the vehicle, which at the time of entry into a Contracting Party in the territory under this agreement services, without restrictions and prohibitions be granted relief from customs duties and other import taxes, noting that the contracting parties customs formalities. 2. For nomainītaj spare parts which are not re-exported shall be liable to the customs duties and other import taxes except where, in accordance with the other Contracting Party in the territory of which the spare parts were imported into the law of these spare parts are not transferred or destroyed this country about the features of the interested parties, in the presence of customs officials. Article 25 settlement 1 invoice must be drawn up and settlements for services performed under this Agreement shall be made in freely convertible currencies within the exchange rate on the day of payment. 2. The corresponding money transfers take place without restriction or absence, previously subject to any applicable taxes. 3. If both Contracting Parties concluded an agreement which established the settlement procedures between the above settlements to be taken in accordance with the terms of this agreement. Article 26 in the event of one of the Contracting Parties, the carrier violated the terms of the agreement of the other Contracting Party in the territory of the country, then without prejudice to any legal sanctions provided for in the national rules of the Contracting Party, the competent institution in the territory of which the carrier is established, at the request of the other Contracting Party, apply one of the following penalties: 1) warning; 2) statement with a warning that the next breach of this article will apply to 3 or 4) above) sanctions; 3) ban to the time the carrier to carry passengers and freight to the Contracting Party in the territory of the country in which the violation occurred; 4) withdrawal of permission to perform the carriage of passengers or goods of the Contracting Party in the territory of which the infringement occurred. Article 27 1. all with this agreement and the application of questions addressed to both Contracting Parties the competent institution. 2. Within the framework of this agreement, the competent authorities are: in the Republic of Latvia, the Ministry of transport; Republic of Italy: Ministero dei Trasport e il della Navigazione, dell's General Training Motorizzazion Civil e dei Trasport in Concession. Article 28 the total Commission, 1 which included both the competent authorities of the Contracting Parties ' representatives, addresses the following tasks: 1) express its views regarding the carriage of passengers, the agreement to eventually transport order, by the two Contracting Parties will be deemed appropriate; 2 the number of permission) article 13 of the agreement on the carriage of goods in or waiver of authorization for the carriage of goods between the two countries of the Contracting Parties; 3) previously under the form permits provided for in this agreement, 5., 9., 11 and 13 articles, and determining the procedure; 4) solves problems and issues that might arise during the implementation of this agreement and in the course of application; 5) take steps to facilitate and promote by road between the two States of the Contracting Parties; 6) examine the possibility of mutually grant tax relief that is not contrary to the two countries Contracting Parties to the legal rules in force. 2. Both Contracting Parties means the competent institution representatives who will participate in the Joint Commission. Total Commission shall meet one or other of the Contracting Parties of the request, alternately in the territory of the Contracting Parties. Article 29 in all matters not governed by this agreement, or the international conventions, which is a member of both Contracting Parties, to hang on to their national law. Article 30 1. drivers of road vehicles and their crews, carrying passengers and freight in accordance with this agreement, you must comply with the laws, regulations and administrative provisions in force in the country where you operate, especially on the entry and residence in the territory of the countries concerned. 2. the Contracting Parties shall have the right to restrict the freedom of movement laid down above, if required by national security by establishing specific procedures for carrying cargo. Final provisions article 31 1. the agreement shall enter into force when the Contracting Parties have exchanged diplomatic notes that all constitutional requirements necessary for its entry into force have been met. 2. This agreement shall remain in force for one year from the date of its entry into force and duration automatically renewed from year to year, unless denounced one of the Contracting Parties, by giving in writing no later than three months before the agreement expires. Based on that, we, the undersigned, duly authorized government representatives, signing this agreement. Signed in 1996 Riga, April 3, in two originals in the Latvian and Italian, in addition, both versions have the same legal effect.

The Italian Republic of the Republic of Latvia, on behalf of the Government of the Government,