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For The Republic Of Latvia And The Kingdom Of Spain To The Agreement On The International Carriage By Road

Original Language Title: Par Latvijas Republikas un Spānijas Karalistes līgumu par starptautiskajiem pārvadājumiem ar autotransportu

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The Saeima has adopted and the President promulgated the following laws of the Republic of Latvia: for the Kingdom of Spain and the contract for the international carriage by road for article 1. 26 June 1995 in Riga and Latvia signed the Kingdom of Spain, the Treaty on international transport by road (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 contract in law Latvian and English. 3. article. Ministry of Foreign Affairs of the Republic of Latvia on the basis of this law and in accordance with article 15 of the Treaty, the first subparagraph shall be drawn up in writing to send the ratification of the Government of the Kingdom of Spain. 4. article. The agreement shall enter into force for the period specified in article 15 and in order. The Parliament adopted the law of 24 January 1996. The President g. Ulmanis in Riga in 1996 on January 31, the Republic of Latvia and the Kingdom of Spain to the agreement on the international carriage by road of the Republic of Latvia and the Kingdom of Spain (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 concepts 1. "my country"-the Contracting Parties in the territory of the country in which the vehicle is registered. 2. "second State"-the territory of the Contracting Party in which the vehicle is used to carry out transport operations, but not registered. 3. "the carrier" – a natural or legal person who, in the Republic of Latvia or the Kingdom of Spain under existing national laws or regulations to carry out the international carriage of passengers or goods by road. 4. "passenger vehicle"-any motor vehicle intended for the carriage of passengers having more than nine seats including the driver's seat, and is registered in a Contracting Party. 5. "the cargo vehicle: any motor vehicle designed and used for the carriage of goods. In this agreement, the term "cargo transport agent" also applies to any goods vehicle coupled to a trailer or semi-trailer, as well as to any other combination of road vehicles. It must be registered in a Contracting Party. Article 2 scope 1. Carrier which, in accordance with their national legislation, shall be entitled to carry out international transport with road transport, subject to the conditions of this contract may undergo the following services after the rental contract, in return for payment or your needs to, from or in transit through the territory of the other country. 2. Permission for carriage to and from third countries may issue the carrier referred to in the preceding paragraph in accordance with the provisions of this agreement. Article 3 compliance with national legislation on a service road in the territory of the other, the carriers and their personnel are there to be followed, the existing laws and regulations. 4. Article 1 of the common Commission to ensure the implementation and application of this agreement, the Contracting Parties shall establish common Commission. 2. total Commission shall meet one or other of the Contracting Parties request that meetings be held alternately in the territory of each Contracting Party. 3. total Commission any understanding or application of this Treaty-related issues. II. passenger transport article 5 permission to all carriage by passenger vehicles between the territories of the Contracting Parties or in transit through them, except the 7.2, referred to in article requires appropriate second national authorisation of the competent institution. 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. The concept of "regular services" means the carriage of passengers along specified routes according to the previously agreed lists, during which passengers can board the means of transport or to get out of it at predetermined stopping points. These regular services to organize by mutual agreement. The competent authority in each country shall issue authorizations to it part of the route, located in its territory. 3. Systematic shuttle services are services that take a pre-written groups repeated shuttle service during transport from one place of departure to a single destination. This group of passengers who have done the trip there following backward flight is brought back to the beginning of the journey. 4. in order to obtain permission for regular and systematic shuttle transport, carriers should be addressed to the appropriate application for your country to the competent institution. If the competent institution accepts the application, it shall forward it together with the other recommendations, the competent institution of the State. 5. total Commission: define the procedures and requirements that must be met by drawing up and submitting applications; align the two parties ' views, to make changes to the content of the application to be submitted to the regular service; lay down the requirements which must be fulfilled for the journey to the place of beginning and endpoint systematic back and forth. Article 7 regular services Not 1. regular services are services which do not comply with article 6 of this agreement specified in the regular and systematic movement back and forth transport concepts. 2. The occasional services carried out through the territory of one of the contracting parties registered road vehicles in the territory of the other State authorization is required if they comply with: a) by concluding a route when in the same road vehicle throughout the journey are transported in one and the same group of passengers and brings them back in place of departure; (b)) when passengers take the carriage road to the trip, but the back road is made unladen; c) transit trips taken using a) and b) subparagraphs above. 3. Vehicles which carry out transport referred to in paragraph 2, must be in the fully filled to the top with a passenger list, signed by the carrier and stamped by the competent customs authority. Journey form fill-in carrier in your country and the whole journey must be located on the vehicle for which it was issued. 4. All other modes of transport, other than those referred to in article 6 and 7.2, requires a permit issued by the competent institution in accordance with its national laws and regulations. The carrier is fully completed, the journey form and it must be produced by the institution of any authorized inspecting officer. III. Carriage of goods article 8 authorization mode 1. If the total the Commission has not taken a decision, the other carriers may operate transport of goods between the territories of the Contracting Parties, as well as in transit through them, you receive a second before the competent national authorities issued authorisations. 2. the carrier can carry freight between the other country and a third country only if they have previously received the special permit issued for this purpose by the competent authority of the other country. 3. the authorisation may only be used by the carrier for which it was issued, and it may not be transferred to other persons. Permission to the whole journey must be kept on board the vehicle and must be presented at any authorized inspecting officer of the institution. 4. Both Contracting Parties the competent authorities annually Exchange mutually agreed the number of authorisations for the carriage of goods. IV. Other provisions article 9 shipping Carrier may not perform cabotage transport operations in the territory of the other country. Article 10 infringements 1. If one Contracting Party established in the territory of the country or the vehicle's crew has not adhered to in the territory of the other existing laws or provisions of this contract or these conditions in the permit, the vehicle's country of registration, the competent institution of the other Contracting Party, the competent authority 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 in the territory of the Contracting Party in which the offence 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 authority of that infringement has occurred. Article 11 taxation 1. In the territory of one of the contracting parties registered vehicles temporarily entered the territory of the other Contracting Party to perform services under this agreement are mutually exempt from road tax and transport-related tax payments. 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. as regards vehicles mentioned in paragraph 1 of this article, exempt from customs duties: a) road vehicles; (b)), located in the fuel vehicle standard tanks; c) spare parts, imported in the territory of the other Contracting Party a damaged vehicle repair. Replaced parts must be exported or destroyed. Article 12 dangerous goods, transport of dangerous goods for transport in international traffic, 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). Article 13 the weight and dimensions 1. for vehicle weight and dimensions, each Contracting Party undertakes not to impose on the territory of the other Contracting Party for means of road transport registered in higher requirements than those in force in their territory vehicles registered. 2. If a service vehicle weights and dimensions with or without cargo exceeds the other territory of the maximum permitted size, require special public authorisation of the competent institution. The carrier must comply with all requirements specified in the permit. Article 14 the Contracting Parties shall respect conditions resulting from any European Union signed contract or membership of one of the Contracting Parties. Article 15 entry into force and duration 1. This agreement shall apply provisionally from the date of signature and shall enter into force on the day that sent the latter diplomatic note by which the Contracting Parties notify each other that the constitutional requirements have been met. 2. this Agreement shall remain in force unless one of the Contracting Parties through diplomatic channels is not announced its intention to terminate its operation. In this case, the contract shall terminate six months after the date on which the other Contracting Party sent notes on termination of the contract. Cognizant of the signed text of this agreement signed by the Government of the authorised persons. Signed in Riga on 26 June 1995, in two originals, each in the Latvian, Spanish and English, in addition, all texts are authentic. Prevail in case of conflict, the Treaty text will be in English.
On behalf of the Republic of Latvia, on behalf of the Kingdom of Spain to the agreement between the Republic of Latvia and the Kingdom of Spain on the international transport by road-the Republic of Latvia and the Kingdom of Spain (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 PROVISION article 1 Definition 1. "home country" means the territory of the Contracting Party in which a vehicle is registered. 2. the "host country" means the territory of the Contracting Party in which a vehicle is being used in transport operations but other than the vehicle's country of registration. 3. "Carrier" means any physical or legal person, who in either the Republic of Latvia or the Kingdom of Spain, is authorized in accordanc with the relevant national law and regulations to engage in the international carriage of the passenger or goods by road. 4. "Passenger motor vehicle" means 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. 5. "Commercial motor vehicle" means any power driven road vehicle which is normally used for adapted and good transport. For the purpose of this agreement the term "commercial motor vehicle" also applies to any trailer or semitrailer, coupled to any commercial road vehicle as well as any combination of road vehicles. It should be registered in the territory of one of the Contracting Parties. Article 2 scope 1 A 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, may perform such operations to, from, or in transit through the other country's territory on the terms specified in this agreement. 2. Similarly, and subject to the conditions laid down in this agreement, transport operations to and from third countries could be authorized. 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 Joint Committee 1. The two Contracting Parties shall establish a Joint Committee to review the implementation and application of this agreement. 2. The Joint Committee shall meet at the request of either Contracting Party at meetings that will be held alternately in the territories of the Contracting Parties. 3. Any issue concerning the interpretation or the application of this Agreement shall be solved by the Joint Committee. II. PASSENGER transport article 5 Authorization All transport operations by passenger motor vehicles between the Contracting Parties of the territories 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 between the territories of the Contracting Parties or in transit through them shall be approved jointly by the competent authorities in their advance. 2. 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. 3. Shuttle services with 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. These groups, made up of passenger who have completed the outward journey, is carried back to the place of departure in the course of the subsequent journey. 4. 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. 5. The Joint Committee should: establish the conditions and requirements that must be fulfilled by the application; get the agreement of both sides of the Joint Committee before the terms stated on the application for the regular services could be modified; define the concepts of origin and destination places 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 for the shuttle service provided in article 6 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) the services on which the) vehicle to the passenger during the carr outward journey, and is empty during the return; c) transit transport performed in services defined in indent (a)) or (b)). 3. Services included in point 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 custom authorities. The waybill is completed at the home country and must be kep in the vehicle throughout the journey for which it has been issued. 4. 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. The carrier is required to properly complete the waybill and must produce it at the request of any authorized inspecting officer. III. GOOD transport article 8 of the permit regime 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 Contracting Parties as well as in transit through them. 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 special 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 at all times and must be produced at the request of any authorized inspecting officer. 4. The competent authorities of both the Contracting Parties shall exchange annually a jointly approved number of permit for goods 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 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 a Authority of the country where the vehicle is regstered could, at the demand of the Competent Authority of the other Contracting Party, take the following measure: (a) to issue a warning) for the carrier who committed the infringement; (b) cancel or OK to withdraw it) 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 a happened. Article 11 Taxation 1. Vehicles which are registered in the territory of one Contracting Party and the OK imported into the territory of the other Contracting Party to perform transport services in accordanc with this Agreement shall be the main, according to the reciprocity principle, from the levy of road use and traffic taxes. 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)) the fuel led in the ordinary supply tanks of the vehicles; c) spare parts imported into the territory of the other Contracting Party, intended for the breakdownas service of a vehicle. Replaced parts shall be re-exported or destroyed. Article 12 dangerous goods When transporting dangerous goods internationally, the carrier who are registered in the territories of either of the two countries must comply with the provision of the European Agreement Concerning the International Carriage of dangerous goods by road (ADR). 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 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 Both Contracting Parties shall respect the provision of the arising from any agreement concluded with the European Community or stemming from the membership thereof of any Contracting Party. Article 15 Entry into force and duration 1. This agreement shall be provisionally applied from the date of its signature and shall come into force on the date of the last diplomatic note by which the Contracting Parties notify each other that the constitutional requirements in their respectiv have been fulfilled. 2. This agreement shall remain in force unless it is terminated through diplomatic channels by one of the Contracting Parties. In that case, the termination of the agreement shall take effect six months after the other Contracting Party has been notified about it. In witness whereof, the undersigned being duly authorized by the by the Governments of their respectiv theret, have signed the present agreement. Done in two originals at Riga, this 26 of June, 1995 each in the Latvian, Spanish and English languages, each text being equally authentic. In the case of the divergenc of interpretation the English text shall prevails. For the Republic of Latvia For the Kingdom of Spain