Law No. 38 Of 14 February 1998

Original Language Title:  LEGE nr. 38 din 14 februarie 1998

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Law No. 38 of 14 February 1998 on ratification of the agreement between the Government of Romania and the Government of the Republic of Belarus with regard to international road transport of goods and persons, signed at Bucharest on 31 May 1995, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 82 of 20 February 1998, the Romanian Parliament adopts this law.


The sole article Shall ratify the agreement between the Government of Romania and the Government of the Republic of Belarus with regard to international road transport of goods and persons, signed at Bucharest on 31 May 1995.
This law was adopted by the Senate at its meeting of 17 December 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CRISTIAN DUMITRESCU this law was adopted by the Chamber of deputies at its meeting on 3 February 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES AGREED between the Government and the Government of the Republic of Belarus with regard to international road transport of people and goods the Government of Romania and the Government of the Republic of Belarus, hereinafter referred to as the Contracting Parties, desiring to contribute to the development of mutually advantageous trade and economic relations, in order to facilitate international road transport and regulation of persons and goods between the two countries and in transit through their territories on the basis of equality and mutual benefit, have agreed as follows: Article 1 the scope 1. The provisions of this Agreement shall apply to the transport of persons and goods made with automotives registered in the territory of one of the two States, in direct traffic between Romania and the Republic of Belarus, in transit on their territory, as well as transportation to or from third countries.
2. this Agreement shall not affect rights and obligations each Contracting Party arising from properly the provisions of other bilateral or multilateral agreements in the field of international road transport of people or goods in question, in force for each Contracting Party.


Article 2 Definitions for the purposes of this agreement: the term carrier means any natural or legal person having its head office in Romania or in the Republic of Belarus, which, in accordance with national legislation in force in the State of registration of the road vehicle, is authorised to carry out international transport of persons or goods on the basis of commercial or on own account;
-road motor vehicle a term means any mechanical means of) transport craft which is registered in the territory of one of the Contracting Parties and, in accordance with the construction and fitting-out is designed for carrying more than nine persons including the driver;
  

b) any mechanical means of transport intended for transporting goods self-propelled with or without trailer and/or with a vehicle, in this case the vehicle-tractor must be registered in the territory of one of the Contracting Parties;
  

-the term means any authorization to be issued a document to be used with or without an exemption for payment of fees, in accordance with the law of the Contracting Party concerned, which, for the carriage of goods, entitle the carrier to perform a round-trip transportation, traffic, directly or in transit through the territory of the other Contracting Party, its validity period and for the carriage of passengers the carrier the right to effect transfers on a determined period;
-the term special authorization means the document which entitle the carrier to effect transfers with an oversized heavy road, as well as to effect transfers of goods of dangerous, oversized and heavy, in accordance with the law of the Contracting Party in whose territory the.
Transport of persons Article 3 regular transport 1. Regular shipments of buses is carried out on a given itinerary with schedules and fares agreed, with the right to carry out boarding and disembarking persons at the ends of lines, as well as other stopping points determined and agreed upon previously.
2. regular bus Line on a particular itinerary can be set up with the prior approval of the competent authority (article 15) of each Contracting Party, for the route which passes on its territory, in accordance with the requirements of national legislation, as well as transit States under the agreement.
Approval may be granted for a period of 1-5 years on the basis of the judgment of the competent authorities for the opening of the regular line.
3. applications the carrier of one Contracting Party for approval in accordance with paragraph 2 of this article, as well as transit States agreement shall be forwarded in writing to the competent authority of the other Contracting Party.
Applications must contain the following data: name, surname and address of the carrier or the company name, an organizer of the transport tariffs, itinerary, schedule, the period set and the frequency of operation of transport, boarding and disembarkation of persons, the period of occupancy, as well as the registration number of the motor vehicle and road capacity.
Regular bus lines operation is carried out on the basis of permits issued to carriers by the competent authority of the Contracting Party in whose territory carriage is performed.
4. the competent authorities of the two Contracting Parties shall agree, correspondence or by decision of the Joint Committee referred to in article 1. 16, the following issues: (a)) entry into service of the new bus lines;
  

b) schedules movement of road motor vehicles;
  

c) tariffs;
  

d) conditions of transport (traffic routes);
  

e) reduction, increase or cessation of regular bus lines on a particular route;
  

f) number of authorizations;
  

g) other issues related to people with regular shipments, on itineraries.
  

Irregular shipments Article 4 tourist Transport 1. Touristic transports persons with buses, the traffic directly and in transit through the territory of the other Contracting Party, shall be carried out on the basis of: road map, list, document which certifies tourist services, traffic timetabling and itinerary, as well as other documents, in accordance with the legislation of the Contracting Party in whose territory shipments are carried out.
In addition, for traffic in transit is required, in addition, the authorization of passage through the territory of the Contracting Party, issued under article. 3 paragraph 4(b). f). 2. During the return of the vehicle that carried the carriage by road of persons is prohibited the transport of other persons in addition to those named on the list of passengers, to the starting point.


Article 5 occasional carriage 1. Through occasional carriage of persons shall mean consignments which are not regular or tourist. Occasional shipments can be carried out by carriers of one of the Contracting Parties only on the basis of permits issued in advance by the competent authority of the other Contracting Party, except as provided for in article 10. 6.2. Applications for authorization, in accordance with paragraph 1 of this article, shall be forwarded in writing to the competent authority of the other Contracting Party at least 30 days prior to travel, and must contain the following data: name, surname and address of the carrier, the name and business address of the Transport Organizer, itinerary, making the transport as well as the registration number of the motor vehicle and road capacity.


Article 6 authorisation to exempt Transport occasional Shipments of people in traffic directly, exempt from authorisation, which shall be carried out on the basis of a list of persons, are as follows:-occasional transport of one and the same group of people with the same road vehicle throughout the journey, which begins and ends in the State of registration of the road vehicle (behind closed doors);
-occasional transport of persons from a starting point, located in the State of registration of the road vehicle, in place of destination situated in the territory of the other Contracting Party, where the vehicle road returns void;
-During these transports may embark or disembark persons within the territory of the other Contracting Party only after approval by the competent authority of the latter.
Carriage of goods Article 7 Authorisation 1. Road transport of goods vehicles with or without loads, except in the cases referred to in article 1. 8, in a direct or transit traffic in the territories of two Contracting Parties, shall be made on the basis of the authorization.
2. the authorization shall be issued by the competent authority of the Contracting Party of the State of registration of the road vehicle, the name of the carrier. Transmitting this authorization of another carrier, or its use for other road motor vehicle is prohibited.
3. the authorisation shall entitle the carrier to load, race clutches, goods from the territory of the other Contracting Party, provided that the destination of these goods to be in the State of registration of the vehicle.

4. the competent authorities of the two Contracting Parties agree, on the basis of reciprocity, the kind and the number of permits and quota permits Exchange performs, with or without payment of a fee for the use of roads.


Article 8 Transport exempted authorization 1. In direct and transit traffic are exempt from authorisation following transport: movement of road motor vehicles) defective or damaged, displacing the empty road motor vehicles intended to replace defective or damaged ones, as well as the movement of road motor vehicles for troubleshooting and replacing or repairing their evacuation;
  

b) funeral;
  

c) of objects and works of art for exhibitions or other cultural events;
  

d) of objects and equipment to be used for promotional purposes;
  

e) resettlement objects;
  

f) of equipment, accessory, intended for theatrical events, cinematographic, musical and sports, fairs and exhibitions, installations intended for records, radio and television, as well as animals for circus performances;
  

g) of items needed emergency medical aid, particularly in the event of disasters, as well as humanitarian aid;
  

h) of live animals, with a special road vehicles, with the exception of animals for sacrificarii;
  

I) of goods road motor vehicles whose load capacity permitted, including trailer, does not exceed 3.5 tonnes or whose total weight, including trailer, does not exceed 6.0 tons;
  

j) postal public utility.
  

2. The Joint Committee referred to in article 1. 16 is authorized to supplement the list referred to in paragraph 1 of this article.
General provisions Article 9 one of the Carriers Cabotage Contracting Parties, referred to in art. 2, are not permitted to transport people or goods between two points situated on the territory of the other Contracting Party (cabotage).


Article 10 transportations from and to third countries Carriers of one of the Contracting Parties may carry out transportation of goods between the territories of the other Contracting Party and a third country, as well as from a third country to the territory of the other Contracting Party after getting approval from the competent authority of the other Contracting Party on a reciprocal basis.


Article 11 road motor vehicle weight and dimensions 1. The rules relating to the weight, dimensions and axle load of vehicles on the road have been admitted on the territory of each Contracting Party shall be determined according to national law.
2. Where the weights, dimensions or axle load of a road vehicle in excess of limits permitted for transport in the territory of a Contracting Party, it is necessary a special authorization issued by the competent authority of that Contracting Party.
If this authorization provides for the circulation of road vehicle on a given itinerary, transportation may be carried out only on this itinerary.
3. Special Authorization does not preclude the need for obtaining authorization to transport referred to in article 1. 7 (1).


Article 12-carriage of dangerous goods 1. Carriage of dangerous goods shall be in accordance with national legislation of the Contracting Party in whose territory the transport shall be carried out on the basis of a special authorization issued by the competent authority.
If this authorization provides for the circulation of road vehicle on a given itinerary, then transport can only be made on this itinerary.
2. Special Authorization does not preclude the need for obtaining authorization to transport referred to in article 1. 7 (1).


Article 13 Control of documents 1. The competent authorities of the Contracting Parties have agreed how to control transport, in accordance with the provisions of this agreement.
2. Road Vehicles shall be accompanied by the necessary documents for international transport, which must be submitted to the control bodies authorized by each Contracting Party.
3. Drivers of motor vehicles registered in the territory of one road of Contracting Parties, international transport in the territory of the other Contracting Party must hold driving licences, national or international documents for the respective national road vehicles and other documents in accordance with international regulations.


Customs Provisions of article 14 1. Road vehicles registered in the territory of one of the Contracting Parties, as well as trailers or semi-trailers which are used for consignments referred to in this agreement are temporarily admitted to the territory of the other contracting party free of customs duties, provided to be re-exported.
The same scheme is extended to spare parts, accessories and equipment common road vehicle, in an amount sufficient to ensure the safety of the officials of the road vehicle during transport and release together with the respective road vehicle.
2. The fuel found in the fuel tanks fitted to motor vehicles on the road laid down by automotive plant, and the amount of lubricant needed for operation of the vehicle on the road transport shall be exempted from customs duties and are not limited.
3. Spare parts imported for the repair of a motor vehicle road already admitted temporarily on the territory of the other Contracting Party shall be exempt from customs duties.
Unused equipment, parts and the Exchange shall be re-exported in the State of registration of the road vehicle or are destroyed under the supervision of the Customs authorities.
4. Concerning the control of graniceresc, customs, sanitary and phytosanitary, linked to the crossing, the provisions of the national laws of the Contracting Parties, as well as the provisions of international conventions to which they are parties.


Article 15 competent authorities competent authorities empowered to carry out the provisions of this agreement are:-for Romania: Ministry of transport;
-for the Republic of Belarus: Ministry of transport and communications.
The Contracting Parties will notify any change in the designation of the competent authority concerned.


Article 16 Joint Commission for consideration and resolution of the problems which arise from the interpretation and application of this agreement, a joint Commission shall be established, consisting of representatives of the competent authorities of the two Contracting Parties.
The Joint Committee shall be convened at the request of one of the competent authorities, in the territory of each of the Contracting Parties.


Article 17 Fees and pay 1. Revenues from the carriage of goods and persons, in accordance with the provisions of this agreement are subject to the fees in the State of registration of means of transport.
All payments arising from the application of this Agreement shall be made in freely convertible currency.
If the conclusion between the Contracting Parties to agreements concerning avoidance of double taxation, as well as with regard to pay will apply the provisions of these agreements.
2. The carriage of goods by road vehicles are carried out with a Contracting Party and their movement within the territory of the other Contracting Party shall, on the basis of the provisions of this agreement, the payment of fees for the use of roads and transit fees, except in cases where the facilities are granted on a reciprocal basis, and to recover the amounts, in the event of damage to the challenge in accordance with the internal legislation of each Contracting Party.


Article 18 application of national law in all cases not covered by the provisions of this agreement or of international conventions to which the contracting parties participate, national law applies to each Contracting Party, in force on its territory.


Article 19 Sanctions 1. In the case of non-compliance with national legislation in force in the territory of the other Contracting Party or of the provisions of this agreement by carriers or by staff that serves the road vehicle, the competent authority of the country in which the vehicle is registered by road can take the following measures: a) to apply a disclaimer to the carrier who committed the irregularity;
  

b) to temporarily suspend, permanently or partially the right carrier to effect transfers on the territory of the Contracting Party where the irregularity was committed.
  

2. the provisions of this article shall not preclude any measures which may be applied by the courts or administrative authorities of the Member State where the irregularity has been committed, in accordance with its internal law.
3. the competence of the Authority which has taken such a measure shall inform the competent authority of the other Contracting Party.


Article 20 dispute resolution Any dispute concerning the interpretation or application of this Agreement shall be resolved by direct negotiations between the competent authorities of the two Contracting Parties.
Where the competent authorities fail to arrive at an agreement, any dispute will be subject to resolution of diplomatically.


Article 21 entry into force this Agreement shall be applied provisionally from the date of its signature and will enter into force on the date of receipt, diplomatically, the last notes regarding the fulfilment by the Contracting Parties of the formalities laid down in the national legislation of each of the two countries.


Article 22 amendment of the agreement Any amendment of this Agreement shall be negotiated by the parties and will enter into force in accordance with the procedure referred to in article 21. 21. Article 23 validity of agreement

This agreement is concluded for a period of five years and may be tacitly extended, for successive periods of 5 years if none of the Contracting Parties is not notified the other Contracting Party, notice of not less than 90 days before the expiration of the period of validity of the intention of the denunciation of the validity thereof.
The Protocol for the application of the agreement between the Government of Romania and the Government of the Republic of Belarus with regard to international road transport of goods and persons is an integral part of this agreement.
Done at Bucharest on 31 May 1995, in two originals, each in the Romanian, Russian and Belarusian languages, all texts have the same validity.
In case of differences of interpretation of the provisions of this agreement, the text of reference will be in the Russian language.
For the Government of Romania, Aurel Novac For the Government of Belarus, a. v. Lukasov PROTOCOL for the application of the agreement between the Government of Romania and the Government of the Republic of Belarus with regard to international road transport of goods and persons in connection with the agreement between the Government of Romania and the Government of the Republic of Belarus with regard to international road transport of goods and persons, signed at Bucharest on 31 May 1995 , have agreed as follows: 1. In article 1(1). 7 (3), the term State of registration of the vehicle the road shall mean territories of Romania and of the Republic of Belarus.
2. Both parties agreed to Exchange normative acts regulating the Organization and conducting of international road transport of people and goods and to inform each other in advance about such changes or additions.
3. The Joint Committee shall be convened in accordance with the provisions of art. 16, and if necessary, no later than 30 days after receipt of the request of one of the Contracting Parties.
4. In connection with article 7. 7 paragraph 4 and article 16. 3 paragraph 4, the parties have agreed on the use of the following types of licences:-for the carriage of goods:-bilateral;
-in transit;
-third countries into and out of;
-for transport of persons:-for regular lines;
-transit;
-for occasional voyages.
5. each year, the Joint Commission, not later than 1 December of the current year, sets the quota on types of permits for the following year.
Thus, half of the quota of authorisations shall be forwarded to the parties no later than 15 December, and the other party, no later than June 1.
The term of validity of export permits for shipments of goods expires on 31 December of the year indicated on the permit.
This protocol shall form an integral part of the agreement between the Government of Romania and the Government of the Republic of Belarus with regard to international road transport of people and goods.
Done at Bucharest on 31 May 1995, in two originals, each in the Romanian, Russian and Belarusian languages, all texts have the same validity.
In case of differences of interpretation of the provisions of this protocol, the text of reference will be in the Russian language.
For the Government of Romania, Aurel Novac For the Government of Belarus, a. v. Lukasov — — — — — — —