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Law No. 38 Of 14 February 1998

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

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LEGE no. 38 38 of 14 February 1998 for the ratification of the Agreement between the Government of Romania and the Government of the Republic of Belarus on International Road Transport of Persons and Goods, signed in Bucharest on 31 May 1995
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 82 82 of 20 February 1998



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the Republic of Belarus on international road transport of persons and goods, signed in Bucharest on 31 May 1995, is ratified. This law was adopted by the Senate at its meeting of 17 December 1997, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN DUMITRESCU This law was adopted by the Chamber of Deputies at its meeting on February 3, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU + AGREEMENT between the Government of Romania and the Government of the Republic of Belarus on international road transport of persons and goods The Government of Romania and the Government of the Republic of Belarus, hereinafter called wishing to contribute to the mutually beneficial development of trade and economic relations, for the purpose of facilitating and regulating international road transport of persons and goods between the two States and in transit through their territories, on the basis of equality of rights and mutual benefit, have agreed the following: + Article 1 Scope of application 1. The provisions of this Agreement shall apply to consignments of persons and goods carried out with road vehicles registered in the territory of one of the two States, in direct traffic between Romania and the Republic of Belarus, in transit on their territories, as well as transport to or from third countries. 2 2. This Agreement does not refer to the rights and obligations of each Contracting Party that properly arise from the provisions of other bilateral or multilateral agreements in the field of international road transport of persons or goods respectively, in force for each Contracting Party. + Article 2 Definitions For 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 the national legislation in force in the State of registration of the road vehicle, is authorized to carry out international shipments of persons or goods on a commercial basis or on their own account; -the road vehicle term means: a) any self-propelled mechanical means of transport which is registered in the territory of one of the Contracting Parties and, according to its construction and endowment, is intended for the transport of more than 9 persons, including the driver; b) any self-propelled mechanical means of transport intended for the transport of goods with or without a trailer and/or a semi-trailer, in this case the tractor must be registered in the territory of one of the Contracting Parties; -by term of authorization means any document that is issued for use with or without exemption from payment of taxes, in accordance with the legislation in force of the respective Contracting Party, and which, for consignments of goods, yes the right of the carrier to carry out a return transport, in direct traffic or in transit through the territory of the other Contracting Party, during its period of validity, and for the transport of persons grants the right of the carrier to carry out transport for a fixed period; -the special authorization period means the document entitling the carrier to carry out consignments with a high-tonnage agabaritic road vehicle, as well as to carry out transport of heavy, agabaritic and dangerous goods, in compliance with the legislation in force of the Contracting Party in whose territory the transport is carried out Transport of persons + Article 3 Regular transport 1. Regular transport of persons with buses shall be carried out on a determined itinerary, with agreed schedules and rates, with the right to carry out boarding and disembarkation of persons at the ends of lines, as well as at other established stopping points and previously agreed. 2. The regular bus line on a certain itinerary can be established with the prior approval of the competent authority (art. 15 15) of each Contracting Party, for the route sector passing through its territory, in accordance with the requirements of the national legislation, and on the basis of the agreement of the transited States. Approval may be granted for a period of 1-5 years, on the basis of the decision of the competent authorities to open the regular line 3. The requests of the carrier of a Contracting Party for obtaining approval in accordance with paragraph 2 of this Article and the agreement of the transited States shall be transmitted, in writing, to the competent authority of the other Contracting Party. The applications must contain the following data: the name, surname and address of the carrier or the name of the organization of the transport organization, the tariffs, the itinerary, the schedule, the established period and the frequency of the transport and the landing of persons, the period of exploitation, as well as the registration number and the capacity of the road vehicle. The operation of the regular bus lines shall be carried out on the basis of the authorisations issued to the carriers by the competent authority of the Contracting Party in whose territory 4. The competent authorities of the two contracting parties shall agree, by correspondence or by the decision of the joint committee provided for in art. 16, the following problems: a) the introduction into service of new bus lines; b) traffic schedules of road vehicles; c) tariffs; d) transport conditions (traffic routes); e) the reduction, extension or cessation of regular bus lines on a particular itinerary; f) number of authorisations; g) other problems related to regular transport of people with buses, on established itineraries. Irregular transport + Article 4 Tourist transport 1. Tourist transports of persons with buses, in direct traffic and in transit on the territory of the other contracting party, shall be carried out on the basis of: road map, passenger list, document certifying tourist services, the timetable and the timetable for movement, as well as other documents, in accordance with the legislation of the Contracting Party in which the consignments are carried out. In addition, for traffic in transit, the authorization to pass on the territory of the contracting party, issued according to art. 3 3 paragraph 4 lit. f). 2. During the return of the road vehicle that carried out the transport of persons, it is prohibited to transport other persons other than those registered on the passenger list, completed at the starting point. + Article 5 Occasional transport 1. The occasional transport of people means transport that is not regular or tourist. Occasional consignments may be carried out by the carriers of one of the Contracting Parties only on the basis of authorisations issued in advance by the competent authority of the other Contracting Party, except as provided for in Article 6. 2 2. Applications for the issuance of the authorization, in accordance with paragraph 1 of this Article, shall be transmitted, in writing, to the competent authority of the other Contracting Party at least 30 days before the start of the journey and must contain the following data: the name, surname and address of the carrier, the name and address of the transport organisation, the itinerary, the transport period and the registration number and the capacity of the road vehicle. + Article 6 Transport exempted from authorisations Occasional shipments of persons in direct, exempt-free traffic, which shall be carried out on the basis of a list of persons, shall be as follows: -occasional transport of one and the same group of persons with the same road vehicle, during the entire journey, which begins and ends in the state of registration of the road vehicle (closed transport); -occasional transport of persons from a point of departure, located in the State of registration of the road vehicle, at the point of destination located in the territory of the other Contracting Party, from where the road vehicle returns empty; -during such consignments may embark or disembark persons in the territory of the other Contracting Party only after obtaining the approval of its competent authority. Transport of goods + Article 7 Authorisations 1. Carriers with road vehicles of goods, with or without charge, except in the cases referred to in art. 8, in direct or transit traffic in the territories of the two Contracting Parties, shall be carried out on the basis of authorisations. 2. The authorization shall be issued by the competent authority of the contracting party of the state of registration of the road vehicle, on behalf of the carrier. The transmission of this authorization to another carrier or its use for another road vehicle is prohibited. 3. The authorization entitles the carrier to load, at the return race, goods from the territory of the other contracting party, provided that the destination of these goods is in the state of registration of the road vehicle. 4. The competent authorities of the two Contracting Parties shall agree, on the basis of reciprocity, the manner and number of authorisations and shall carry out the exchange of the quota of authorisations, with or without payment of the toll charges. + Article 8 Transport exempted from authorisations 1. The following consignments shall be exempt from direct and transit traffic: a) the movement of defective or damaged road vehicles, the movement of empty road vehicles, intended to replace the defective or damaged ones, as well as the movement of debugging road vehicles for replacement and towing or repair b) funeral; c) objects and works of art intended for fairs, exhibitions or other cultural events; d) objects and equipment to be used for advertising purposes; e) of displacement objects; f) of equipment, of accessories, for theatrical, cinematographic, sports and musical events, fairs and exhibitions, installations for cinematographic, radio and television recordings, as well as animals for circus performances; g) items necessary for the provision of emergency medical aid, in particular in case of calamities and humanitarian aid; h) live animals, with special road vehicles, with the exception of animals intended for slaughter; i) of goods with road vehicles whose permissible payload, including trailer, does not exceed 3,5 tonnes, or whose total weight, including trailer, does not exceed 6,0 tonnes; j) public utility postal. 2. Joint Committee referred to in art. 16 16 is authorised to complete the list referred to in paragraph 1 of this Article. General provisions + Article 9 Boating Carriers of one of the Contracting Parties referred to in art. 2 2, are not authorized to carry out consignments of persons or goods between two points located in the territory of the other Contracting Party (cabotage). + Article 10 Transport from and to third countries Carriers of one of the Contracting Parties may carry out consignments of goods between the territory of the other Contracting Party and a third State as well as from a third State in the territory of the other Contracting Party the competent authority of the other Contracting Party, on the basis of reciprocity. + Article 11 Weight and dimensions of road vehicles 1. The rules on the weight, dimensions and axle load of road vehicles admitted on the territory of each Contracting Party shall be established according to national law. 2. If the weight, dimensions or axle load of the road vehicle exceed the limits permitted for transport on the territory of a Contracting Party, a special authorization issued by the competent authority of that Party shall be required. Contracting. If this authorization provides for the movement of the road vehicle on a certain itinerary, the transport can be done only on this itinerary. 3. The special authorization does not exclude the need to obtain the transport authorization mentioned in art. 7 7 paragraph 1. + Article 12 Dangerous goods transport 1. The transport of dangerous goods shall be carried out in accordance with the national legislation of the Contracting Party in whose territory the transport is carried out, on the basis of a special authorization issued by If this authorization provides for the movement of the road vehicle on a certain itinerary, then the transport can be done only on this itinerary. 2. The special authorization does not exclude the need to obtain the transport authorization mentioned in art. 7 7 paragraph 1. + Article 13 Document control 1. The competent authorities of the contracting parties shall agree to carry out the transport control, as provided for in this Agreement. 2. Road vehicles shall be accompanied by the documents required for international transport, which must be submitted to the approved inspection bodies of each Contracting Party. 3. Drivers of road vehicles registered in the territory of one of the Contracting Parties, which carry out international transport in the territory of the other Contracting Party, must possess national driving licences or international, national documents for respective road vehicles and other documents according to international regulations. + Article 14 Customs provisions 1. Road vehicles registered in the territory of one of the Contracting Parties, as well as trailers or semi-trailers which are used for the consignments referred to in this Agreement shall be temporarily admitted to the territory of the other Party. Duty-free contracting, provided that they are re-exported. The same regime extends for spare parts, road vehicle accessories and usual equipment, in a sufficient quantity to ensure the safe operation of the road vehicle during transport and which is re-exported. together with the respective road vehicle. 2. The fuel found in the tanks mounted on the road vehicles provided by the construction plant, as well as the amount of lubricants necessary for the operation of the road vehicle during the corresponding period of transport are Duty-free and not limited. 3. The replacement parts imported for the repair of a road vehicle already temporarily admitted to the territory of the other Contracting Party shall be exempt from customs duties. Equipment, unused parts and spare parts shall be re-exported to the State of registration of the road vehicle or shall be destroyed under the control of the customs authorities. 4. Regarding the border, sanitary, phytosanitary and customs control, related to the border crossing, the provisions of the national laws of the contracting parties shall be used, as well as the provisions of the international conventions to which they are parties. + Article 15 Competent authorities The competent authorities empowered to comply with this Agreement shall be: -for Romania: Ministry of Transport; -for the Republic of Belarus: Ministry of Transport and Communications. The Contracting Parties shall notify any change to the name of that competent authority. + Article 16 Joint Commission In order to examine and resolve the problems arising from the interpretation and application of this Agreement, a joint committee shall be established, consisting of representatives of the competent authorities of the two Contracting Parties. The Joint Committee shall convene at the request of one of the competent authorities, alternately, within each of the Contracting Parties. + Article 17 Fees and payments 1. The incomes obtained from the shipments of persons and goods, carried out in accordance with the provisions of this Agreement, shall be subject to taxes in the state of registration of the means of transport All payments arising from the application of this Agreement shall be made in freely convertible currency. In the event of the conclusion between the Contracting Parties of agreements on the avoidance of double taxation and the payments, the provisions of these agreements will apply. 2. The transports of goods carried out with the road vehicles of a Contracting Party and their movement within the territory of the other Contracting Party shall be carried out, on the basis of the provisions of this Agreement, roads and transit fees, except in cases where facilities are granted on a reciprocal basis, as well as with the recovery of amounts, in the event of damage caused, in accordance with the internal legislation of each Contracting Party. + Article 18 Application of national In all cases not covered by the provisions of this Agreement or by the international conventions to which the two Contracting Parties participate, the national law of each Contracting Party shall apply, in force in its territory. + Article 19 Sanctions 1. In the event of non-compliance with the national legislation in force in the territory of the other Contracting Party or the provisions of this Agreement by the carriers or by the personnel serving the road vehicle, the competent authority the state in which the road vehicle is registered may take the following measures: a) to apply a warning to the carrier who committed the deviation; b) to temporarily, partially or definitively suspend the right of the carrier to carry out transport on the territory of the contracting party where the deviation was committed. 2. The provisions of this article do not exclude the measures that may be applied by the courts or administrative authorities of the state where the deviation was committed, in accordance with its domestic law. 3. The competent authority which has taken such a measure shall inform the competent authority of the other Contracting Party. + Article 20 Litigation Any dispute concerning the interpretation or application of this Agreement shall be settled by direct negotiations between the competent authorities of the two Contracting Parties. If these competent authorities do not reach a settlement, any dispute will be subject to diplomatic settlement. + Article 21 Entry into force This Agreement shall be applied provisionally from the date of its signature and shall enter into force on the date of receipt, by diplomatic means, of the last note on the fulfilment by the Contracting Parties of the formalities provided for in the national legislation of of each of the two states. + Article 22 Amendment of Any amendment to this Agreement shall be negotiated by the Contracting Parties and shall enter into force in accordance with the procedure referred to in Article 2. 21. + Article 23 Validity of agreement This Agreement shall be concluded for a period of 5 years and may be tacitly extended for successive periods of 5 years if no Contracting Party has been notified to the other Contracting Party, with a minimum notice of 90 days. before the expiry of the period of validity, with regard to the intention to denounce its validity. The Protocol of Application of the Agreement between the Government of Romania and the Government of the Republic of Belarus on international road transport of persons and goods forms an integral part of this Agreement. Concluded in Bucharest on 31 May 1995, in two original copies, each in Romanian, Russian and Belarusian, all texts having the same validity. In the event of differences in interpretation of the provisions of this Agreement, the reference text shall be the one in Russian. For the Romanian Government, Aurel Novac For the Government of Belarus, A. V. Lukashov PROTOCOL implementing the Agreement between the Government of Romania and the Government of the Republic of Belarus on international road transport of persons and goods In connection with the Agreement between the Government of Romania and the Government of the Republic of Belarus on international road transport of persons and goods, signed in Bucharest on 31 May 1995, the following were agreed: 1. In art. 7 paragraph 3, by the state registration period of the road vehicle is understood the territories of Romania and the Republic of Belarus respectively. 2. Both Contracting Parties have agreed to exchange regulations governing the organization and conduct of international road and freight transport and to inform each other, in advance, of these changes or Additions. 3. The Joint Committee shall be convened in accordance with the provisions of art 16, and in case of necessity, no later than 30 days after receipt of the request of one of the Contracting Parties. 4. Regarding the provisions of art. 7 7 paragraph 4 and art. 3 paragraph 4, the Contracting Parties have agreed on the use of the following types of authorisations: --for consignments of goods: --bilateral; --in transit; --in and from third countries; -for shipments of persons: -for regular lines; --for transit; -for occasional races. 5. Each year, the joint committee, no later than December 1 of the current year, shall determine the quota by type of permits for the following year. By this, half of the quota of authorisations shall be submitted to the parties by 15 December and the other party by 1 June. The term of validity of authorisations for consignments of goods shall expire on 31 December of the current year mentioned on the authorisation. This Protocol is an integral part of the Agreement between the Government of Romania and the Government of the Republic of Belarus on international road transport of persons and goods. Concluded in Bucharest on 31 May 1995, in two original copies, each in Romanian, Russian and Belarusian, all texts having the same validity. In the event of differences in interpretation of the provisions of this Protocol, the reference text shall be the one in Russian. For the Romanian Government, Aurel Novac For the Government of Belarus, A. V. Lukashov -------