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Law No. 60 Of 5 March 1998

Original Language Title:  LEGE nr. 60 din 5 martie 1998

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LEGE no. 60 60 of 5 March 1998 for the ratification of the Agreement between the Government of Romania and the Government of the Republic of Hungary on international combined transport and the Agreement between the Government of Romania and the Government of the Republic of Hungary State border, signed in Budapest on 12 March 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 109 109 of 10 March 1998



The Romanian Parliament adopts this law + Article 1 The Agreement between the Government of Romania and the Government of the Hungarian Republic on International Combined Transport, signed in Budapest on 12 March 1997, is ratified. + Article 2 The Agreement between the Government of Romania and the Government of the Republic of Hungary on the conduct of railway traffic carried out through the state border, signed in Budapest on March 12, 1997 Romania, being not a party to the Vienna Convention on the Law of Treaties of 23 May 1969, will apply those provisions, if they are explicitly contained within the agreement and do not contravene the Romanian legislation in force. This law was adopted by the Chamber of Deputies at its meeting on February 23, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU This law was adopted by the Senate at its meeting on February 24, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS + AGREEMENT between the Government of Romania and the Government of the Hungarian Republic on International Combined Transport The Government of Romania and the Government of the Republic of Hungary, hereinafter referred to as being aware that international freight transport is essential for trade between the two countries, understanding that, in order to protect the environment and due to the limited capacity of the road infrastructure, it is necessary to form a modern transport system by rail and water as an alternative for road transport, which is acceptable from the point of economic, social and ecological view, taking into account the provisions of international agreements on which both parties are signatories, agrees that combined freight transport offers a real possibility to solve the problems of international freight transport, agreed the following: + Article 1 Scope of application The provisions of this Agreement shall apply to the international combined transport of goods which shall be -partly by rail or water and partly by road, with vehicles registered in the State of one of the Contracting Parties; --between the territories of the States of the two Contracting Parties or in transit within the territory of one of the Contracting Parties or the territories of the States + Article 2 Defining terms For purposes of this Agreement: a) the term international combined transport of goods defines the transport during which the road vehicle, empty or loaded, registered in the State of one of the Contracting Parties, or the intermodal transport unit part of the journey by rail or water in traffic directly from the territory of the State of a Contracting Party within the territory of the State of the other Contracting Party or in transit within the territory of the other Contracting Party and road only from the place of dispatch or destination to the nearest terminal of railway or naval (RO-RO), suitable for loading and unloading; b) the term intermodal transport unit defines any container, mobile box, trailer or semi-trailer suitable for the combined transport of goods; c) the term transport to/from the terminals defines the road course of the road vehicle or the intermodal transport unit at the border post/loading-unloading place at the terminal or from the terminal to the place of loading-unloading/border post; d) the terminal term defines the transshipment station/place (rail/port/RO-RO port) where the handling, unloading, loading, transhipment of intermodal transport units and road vehicles from one mode of transport to another is carried out; e) the term road vehicle defines any means of road transport with mechanical propulsion, constituted and used for the transport of goods, and which is registered in one of the countries of the Contracting Parties. It shall also be considered as a road vehicle any assembly consisting of a truck and a trailer or a tractor vehicle and a semi-trailer, the truck or the tractor vehicle registered in the State of one of the Contracting Parties. It is not mandatory for the trailer or semi-trailer to be registered in the same State where the truck or the towing vehicle is registered; f) the term combined transport of goods accompanied defines the transport of road vehicles by rail (RO-LA) or on water (RO-RO), together with the driver; g) the term combined transport of unaccompanied goods defines the transport of intermodal transport units by rail or water (RO-RO); h) the term of the award permits represents the road permits exempt from the payment of taxes on the vehicle, in the Hungarian Republic, and of the road use tariffs, in Romania, which are granted, as a prize, for the use of RO-RO and RO-LA relations and whose number is determined by the Contracting Parties on the occasion of the work of the Road Joint Commission + Article 3 Agreement implementation The fulfilment of the provisions of this Agreement shall be responsible: -in Romania: Ministry of Transport; -in the Hungarian Republic: Ministry of Transport, Communications and Water. + Article 4 Combined transport of goods accompanied by road-rail (RO-LA) 1. In the case of the use of RO-LA relations by vehicles registered in the State of one of the Contracting Parties on/to or in transit within the territory of the State of the other Contracting Party, a number of award permits will be established within the meeting of the Road Joint Committee 2. The contracting parties determine the RO-LA routes on the basis of current possibilities and requirements. The award authorization may be granted for the use of a relationship, if the distance of road transport from the border to the intermodal terminal does not exceed 70 km. 3. Determination of the number of award permits is made quarterly. 4. The contracting parties shall limit to 30 minutes the parking at the border station of all trains dispatched to the RO-LA system. + Article 5 Combined transport of goods by road-naval (RO-RO) 1. In the case of the use of RO-RO relations by vehicles registered in the State of one of the Contracting Parties on/to or in transit within the territory of the State of the other Contracting Party, a number of award permits will be established within the meeting of the Road Joint Committee 2. The contracting parties determine the RO-RO routes for whose use the award permits can be issued, based on the current possibilities and requirements. 3. Determination of the number of award permits is made quarterly. + Article 6 Exemptions 1. For transport to/from terminals over a distance of 70 km in a straight line, the contracting parties shall ensure, on a reciprocal basis, the following: -the Romanian part: exemption from the payment of road use tariffs; -Hungarian side: exemption from payment of tax on the vehicle. If the journey exceeds the distance of 70 km in a straight line, the exemptions mentioned shall no longer apply. 2. In the cases referred to in paragraph 1 of this Article, a road transport authorization shall not be used. 3. The provisions contained in paragraph 1 of this article do not refer to those taxes, tariffs and taxes that are required in the case of passage through certain parts of some highways, through tunnels, on bridges or other art constructions. 4. If a vehicle registered in the State of one of the Contracting Parties temporarily enters the territory of the State of the other Contracting Party during the course of the combined transport of goods, it shall be exempted from the payment of this territory in accordance with the legal provisions of that State. 5. The replacement parts and equipment necessary for repairs, which shall be temporarily introduced into the territory of the State of a Contracting Party for the purpose of the repair of transport vehicles registered in the State of the other Contracting Party which Combined transport of goods in accordance with the provisions of this Agreement shall be exempt from the payment of customs duties and taxes, on the basis of the documents issued by the customs authorities at the entry point of the State. 6. Replaced replacement parts must be transported back to the vehicle registration state or must be destroyed under the control of the customs bodies. + Article 7 Crossing the state border 1. Documents which entitle a vehicle registered in the State of a Contracting Party to the carriage of goods within the territory of the State of the other Contracting Party shall be kept on board the vehicle and presented at competent control authorities. 2. Any unauthorized modification in the documents shall entail sanctions in accordance with the provisions of art. 10 10 paragraph 1. 3. Control of persons, vehicles and goods crossing the state border within the combined transport of goods shall be made by the control authorities of the contracting parties, at the border crossing points, according to the legislation in In the case of combined transport of goods, the expenses incurred by returning persons who cannot enter due to the failure to meet the conditions of entry, as well as those invited in connection with the discharge, detention and return of transport (if necessary) in the course of the control procedures borne by the carrier/sender or their employees. 4. The competent bodies of one of the Contracting Parties shall be obliged to take back any person, vehicle or load refused by the competent bodies of the other Contracting Party, if the cause of the refusal is justified in writing. 5. In the case of combined transport of goods accompanied, the competent control bodies at the border points shall allow the vehicle registered in the State of one of the Contracting Parties, namely the carrier possessing a boarding pass, which entitle to the carrying out of the combined transport of goods, the entry without a road transport authorisation within the territory of the other Contracting Party. 6. Upon leaving the state of one of the contracting parties, the use of combined transport of goods must be proven with the CIM-UIRR transport letter or with a similar document, used in the case of other modes of transport. 7. The carrier/consignor or their employees who carry out consignments with a road vehicle registered in the state of a contracting party are obliged to comply with the laws in force on the territory of the other Contracting Party + Article 8 Promoting combined transport 1. The two contracting parties will intervene in addition to their railway administrations, combined transport companies and navigation companies in order for them to take emergency measures to promote the combined transport of goods, having In view of the advantages that combined transport offers. 2. The contracting parties will provide support-according to their own possibilities-for the realization of the infrastructure necessary for the development of 3. The contracting parties will take steps to remove from the prohibitions related to traffic on Saturdays, Sundays and public holidays of the combined transport of goods from/to terminals. 4. The contracting parties strive to create the necessary conditions for, on certain routes to/from the terminals, to be able to carry out transport carried out with road vehicles up to 44 tons. 5. The contracting parties shall endeavour to take the necessary measures so that, in order to avoid the delay of international combined transport, they shall transfer the customs control operations from border crossings to the railway and naval terminals. 6. The contracting parties shall endeavour to make the rolling stock check so that the wagons used in the combined transport can be received to each other on a reliable basis. 7. The contracting parties will promote the realization and development of freight routes, namely their use in common. 8. In order to promote the combined transport, for the purposes of this Agreement, the award authorisations shall be issued by the competent authorities of the Contracting Parties. + Article 9 Cooperation 1. The contracting parties will encourage the railway administrations to develop, in close collaboration with road transport undertakings and the sailing companies participating in the combined transport, competitive offers for transport combined. 2. The contracting parties will strive for international freight transport to run-as far as possible-using the combined transport as much as possible. 3. The contracting parties shall inform each other of the measures and regulations aimed at improving the quality and level of services offered by the combined international freight transport. 4. The contracting parties will recommend to their railway administrations and navigation companies to conclude bilateral conventions on the joint use of intermodal transport units. 5. The contracting parties will recommend to their railway administrations and navigation companies to collaborate for the creation of new combined transport routes accompanied (RO-LA and RO-RO). 6. Unaccompanied transport of intermodal transport units belonging to a Contracting Party from/to the terminals within the territory of the State of the other Contracting Party can only be achieved with road vehicles registered in the State of the Party contracting on the territory of the terminal. + Article 10 Violations of regulations 1. If the carrier/consignor or their employees who carry out consignments with a road vehicle registered in the state of one of the contracting parties have violated the legislation or other regulations in force on the territory the State of the other Contracting Party, the provisions of this Agreement or the conditions included in the transport authorization, the competent authority of the State where the road vehicle is registered may, at the request of the competent authority the deviation occurred, to take the following measures without delay: a) to apply a warning to the carrier/sender or their employees who have committed the deviation; b) block the issuing of authorisations for the carrier (s) or their employees or withdraw the authorisations already issued for the period for which the competent authority of the other Contracting Party has excluded this transporter/sender or employees from transport on the territory of his country. 2. The competent authorities shall inform each other of the measures taken. + Article 11 Protection of data and information 1. The Contracting Parties agree to protect against third parties any data or information, except for statistical data. 2. The data and information subject to paragraph 1 of this article shall only be available to the authorities, tribunals and investigative bodies of the other Contracting Party, insofar as they are required by the procedure legal. The transmission of any other data is only possible with the prior permission of the person who issued the data. + Article 12 Critical situations The Contracting Parties shall, for reasons of force majeure or due to technical disturbances, take special, urgent measures in agreement where the operating interruptions of the combined traffic exceed twelve hours. + Article 13 Exchange of information 1. The Contracting Parties shall meet within the Joint Road Commission, created for the application of the road agreement in force between the two Contracting Parties, in order to implement the provisions of this Agreement. 2. The Road Joint Committee may propose amendments to this Agreement, in so far as they prove necessary. + Article 14 Entry into force 1. This Agreement shall enter into force on the date on which the Contracting Parties shall notify each other, in writing, the fulfilment of the internal legal procedures in force concerning the approval or ratification. 2. Any amendment to this Agreement shall be agreed by the Contracting Parties and shall enter into force in accordance with the procedure referred to in paragraph 1 of this Article + Article 15 Validity of agreement This Agreement shall be concluded for an indefinite period. The validity of this Agreement will expire 6 months after one of the Contracting Parties is notified in writing to the other Contracting Party of its denunciation. Signed in Budapest on March 12, 1997, in two original copies, each in Romanian and Hungarian, both texts having the same validity. For the Romanian Government, Traian Basescu For the Government Ungare, Karoly Lotz + AGREEMENT between the Government of Romania and the Government of the Republic of Hungary on the deployment of railway traffic made The Government of Romania and the Government of the Republic of Hungary, hereinafter referred to as pursuing the favorable, good-neighborly relations between the two states, striving to regulate and develop rail traffic between states, Having regard to the international agreements to which both Contracting Parties are party, Having regard to the Vienna Convention on the Law of Treaties, concluded on 23 May 1969, agreed the following: + Article 1 Introductory provisions 1. The following railway lines shall be available for railway crossing paths: Carei-Agerdomajor Valea lui Mihai-Nyirabrany Bishopric Bihor-Biharkeresztes Salonta-Kotegyan Curtici-Lokoshaza 2. For the border crossing rail pathways referred to in paragraph 1, the border stations shall be as follows: a) Carei Valea lui Mihai Episcopia Bihor Salonta Curtici Agerdomajor Nyirabrany Biharkeresztes Kotegyan Lokoshaza b) common station: Curtici 3. The railways of the Contracting Parties shall jointly establish the transmission stations. 4 4. On the basis of the approval of the competent bodies of the contracting parties, the railways agree on the type of traffic that takes place at each border crossing (travel, travel luggage, messengers, freight and postal expeditions). 5. Border traffic control regulations, including the order and security service in trains crossing the border, are contained in separate bilateral agreements between the two states. 6. The rail link and exchange service is carried out in the common station, respectively in the transmission stations. + Article 2 Definitions The notions of this Agreement have the following definitions: (1) the term State of residence means the State of the Contracting Party on whose territory the transmission station is located; (2) the term "neighbouring" means the State of the other (3) the railway term defines, for Romania, the National Society of Romanian Railways (S.N.C.F.R.) and, respectively, for the Hungarian Republic, the Hungarian Railways SA (MAV Rt.); (4) the term of home railways means the railways of the home state; (5) the term neighbouring railways means the railways of the other Contracting Party; (6) the term of service of connection and exchange means the activity of movement, commercial and technical, necessary for traffic on the railway crossing the border; (7) the term traffic control service crossing the border means the control activity of the competent bodies of the contracting parties, relating to border control of border guards, customs, phytosanitary, veterinary and, if appropriate, necessary, epidemiological of persons, goods and means of transport, as the case may be; (8) the term border station usually means the railway station closest to the state border; (9) the term transmission station means that railway station where the connecting and exchange services are executed; (10) the term common station means the transmission station, in which the two railways carry out the liaison and exchange service and the competent bodies of the contracting parties together carry out the traffic control service which cross border; (11) the railway term crossing the border means the railway portion between the transmission station of the home railway and the border station of the neighbouring railway; (12) the term railway section crossing the border means the railway portion between the state border and the border station; (13) the term competent bodies shall designate those organs of the contracting parties which are responsible for carrying out the tasks relating to the railway traffic of the border, which arise from this Agreement. + Article 3 Competent authority The competent authority shall be responsible for the implementation of this Agreement; -for Romania-Ministry of Transport; -for the Hungarian Republic-Ministry of Transport, Communications and Water. + Article 4 Order Insurance Service In transmission stations, border stations, joint stations, as well as on the railway crossing the border, the order insurance service is carried out on the basis of internal regulations by the competent bodies of the state on the territory to which the station is located, respectively on the railway sections crossing the border. + Article 5 Working language 1. The oral and written communication between the staff of the competent bodies, which performs the service in the transmission station, is carried out in the official language of the home state. The staff of the competent bodies, who perform the service at the stations and on the grounds located in the territory of the other Contracting Party, shall be obliged to know the language of that State, in so far 2. Any written and oral communication between the railways of the two parties is carried out on the basis of the conventions between the railways. 3. Those provisions and forms of service that the railways change between them must not be accompanied by translation. 4. The minutes concluded and signed by the staff of the competent bodies must be drawn up in two original copies, in Romanian and Hungarian. + Article 6 Removing obstacles in rail traffic 1. The railways will inform each other, according to the international agreements in force at which both Contracting Parties are party, of all the hindrances that may cause disturbances in the railway links between the States of the Contracting Parties or in rail traffic of the neighbouring state. 2. The removal of the obstacles arising in the border station, respectively on the railway crossing the border, constitutes the obligation of that contracting party on whose territory they occurred. The other railway grants aid, at the request of the railway concerned, in particular by making available the necessary facilities, vehicles and means of labour. The granting of aid shall be made for a fee, which is established between the railways + Article 7 Service spaces 1. The competent bodies of the neighboring state must be provided in the common station, respectively in the transmission stations, rooms and spaces corresponding to the normal conduct of the service activity. The rooms will be provided with panels inscribed in the official languages of the contracting parties, so that in the first position to find the written text in the official language of the home state. 2. The competent bodies of the neighboring state have the right to mark these rooms with the state coat of arms and the state flag of their own. + Article 8 Posting of staff to competent bodies 1. In order to carry out the tasks resulting from this agreement, the competent bodies of the contracting parties may personally detach in the common station, and the railways may also personally detach in the transmission stations. 2. In order to perform the tasks resulting from this agreement, the neighboring railways may appoint representatives, at their own expense, in the common station and in the transmission stations. The details of the working space and the activity of the representatives shall be agreed by the railways, by subsequent regulations. + Article 9 Legal status of staff of competent bodies in the territory of the 1. The staff of the competent bodies, who perform the service on the territory of the neighboring state, on the basis of this agreement shall be obliged to comply with the laws of the respective state, while benefiting 2. The service relations of the staff of the competent bodies on the territory of the neighboring state are subject to the laws and other provisions of For service deviations produced on the territory of the neighboring state, the staff shall respond exclusively to their own higher bodies. 3. At the request of the competent bodies of one of the Contracting Parties, the competent bodies of the other Contracting Party shall be obliged to recall their personnel performing the service on the territory of The recall request must be reasoned. + Article 10 Granting of aid and protection 1. The competent bodies of the contracting parties shall ensure each other the smooth running of the service and, in case of need, grant aid and protection. 2. The staff of the competent bodies, which on the basis of this Agreement, shall be located in the territory of the State of the other Contracting Party for the performance of the service, and the family members living with it the State of residence in accordance with the Agreement in force between the Contracting Parties. + Article 11 Free travel On the occasion of the performance of the duties, the staff of the competent bodies, those posted in the long term and their family members travel free of charge on the lines presented at 1 1 paragraph 1 of this Agreement. + Article 12 Port of uniform On the basis of this Agreement, the personnel serving on the territory of the neighbouring State shall be entitled, during their stay for work, to wear the uniform and the service marks. + Article 13 Construction, maintenance and supervision of construction and railway installations. 1. Construction, supervision, maintenance and reconstruction of railway buildings and installations, in border stations and on the railway crossing the border, will be executed by the railway of the home state, at the expense of the railway. Own. 2. The maintenance and reconstruction of railway buildings and installations, intersected by the state border, as well as their supervision shall be regulated with the agreement of the competent bodies of the contracting parties, by the railways, by a joint agreement thereafter. + Article 14 General provisions relating to the liaison and exchange service 1. Railways jointly regulate the provision of liaison and exchange service in the common station and transmission stations. 2. The conduct of international rail traffic by rail crossing the border to the transmission station or the common station shall be carried out by the railway of the neighboring state with its own train and locomotive personnel, according to its own provisions. The railways can also agree otherwise. 3. Railways may agree that trains will be serviced by the staff of the neighboring railway and rolling stock and beyond the border station. 4. In the transmission station and in the common station the railway provisions of the home railway must be applied. However, the railways can agree on the use of the regulations of the neighboring railway, in serving activities that do not affect the safety of traffic. + Article 15 Train ride On the occasion of the schedule of land crossing the state border will be provided, at the transmission station or at the border station, a parking time allowing the safe and rapid deployment of the service, considering the practice in the field. + Article 16 Handing over and taking over railway wagons and cargo The handover and take-up of freight and passenger wagons, pallets, loading supplies as well as cargo and associated transport documents must be carried out in accordance with international agreements to which both parties Contracting or railways are part. + Article 17 Postal expeditions The handover of postal expeditions through the state border is based on agreements and regulations of the Universal Post Convention or on the basis of agreements concluded between the postal bodies of the contracting parties. + Article 18 Service correspondence The transmission of railway service documents (telegrams, service forms, train schedules, tariff provisions, etc.) is carried out on the basis of the international regulations applicable to both Contracting Parties and on the basis of agreements concluded between the railways. Transmission is free on the lines of both railways. + Article 19 Telecommunication and signalling service, centralization and block 1. The construction and maintenance of telecommunications and safety installations ensuring the development of border traffic, as well as other telecommunications installations that ensure the connection between the railways are provided by the contracting parties on the territory of its own state, through its railways. The competent bodies of the Contracting Parties may also agree otherwise. 2. Maintenance and repair of fixed signals, as well as related safety and telecommunications installations, located on the territory of the neighboring state, return to the proprietary railway. The competent bodies of the Contracting Parties may also agree otherwise. 3. The procurement, installation and maintenance of equipment of railway data terminals meant for the preparation, processing, transmission and recording, as well as of the air conditioning equipment, possibly necessary, lies with the railway whose interests are serves the terminal The endowment with the necessary technique, such as telephony, radiotelefonia and their maintenance, lies with the proprietary railway administration. 4. With the consent of the competent bodies the railways may agree: a) the realization of railway telecommunications links, from the transmission station to the telecommunications network of the neighboring railway; b) the realization of direct links of railway telecommunications, between the governing bodies of the railways. 5. Rail radio stations, installed in transmission or border stations, will operate according to the laws in force of the state on whose territory it operates and with the opinion of the competent regulatory bodies of the two states on use of radio frequencies in the border area. 6. For work purposes, employees of the competent bodies of the contracting parties may use the telecommunications facilities of the neighboring railway free of charge. It is forbidden to use these facilities for personal purposes. The links made under this Article shall not be connected to the public telecommunications network. + Article 20 Crossing the state border The crossing of the state border by the employees of the competent bodies of the contracting parties, in order to perform the service tasks resulting from the provisions of this agreement, will be carried out according to the agreement in force + Article 21 Customs service and control 1. The operations and customs controls of the goods, parcels and persons transported by rail will be carried out by the customs bodies of the contracting parties, in accordance with the internal customs provisions of their own state. 2. The competent bodies of one of the Contracting Parties shall repress any expedition refused by the competent bodies of the other Contracting Party, if the cause of the refusal is justified in writing. + Article 22 Customs facilitation 1. They are exempt from import duties, taxes and other duties: a) the objects that serve the transports, the special means of transport, the necessary tools, materials and spare parts with documentation, which serve to maintain in operation, repair, maintenance and removal of obstacles in rail traffic; b) the installations and furniture of the service spaces; c) the official documents necessary for the performance of the service tasks, the consumable facilities, the employees ' service equipment and the personnel objectives, including the food they bring to the territory of the neighboring state performance; d) personal movable property belonging to employees and their family members, who shall perform the permanent service in the territory of the other Contracting Party. 2. The objectives listed in paragraph 1 subparagraphs a), b) and d) shall be entered in a minutes drawn up in three copies, one of which shall be transmitted to the customs bodies of the other Contracting Party. The objects listed in paragraph 1 subparagraphs a), b) and d) will be transported from the territory of one of the neighboring states to the territory of the other state, provisionally, and compulsorily returned. 3. According to the provisions of this Agreement, employees who perform services on the territory of the neighboring state may pass on the territory of their own state without any other special approval, as well as without payment of customs duties, taxes or other taxes, means of payment resulting from ticket sales, transport rates, customs or other taxes and duties, items and goods retained during the service, as well as samples collected for veterinary or phytosanitary protection purposes. The appropriate supporting documents shall be presented, as appropriate, to the competent bodies on the occasion of the exit from the territory of the neighbouring State. + Article 23 Liabilities 1. If, during the connection and exchange service on the railway crossing the border, in the common station, in the transmission stations or at the border stations, due to a special event in the operation of the railway is produced the death or bodily injury of a traveller, respectively destroys or deteriorates any object he carries or has on him, the liabilities to the person with the right of compensation accrue to that railway on whose territory the state was produced the event that caused the damage, in accordance with the legislation of this state. 2. When determining the responsibilities will be carried out according to the provisions of paragraph 1 and if, following the same event, spent in the same place and under the same conditions, the injury or death of a third person who is not a traveler occurs or railway employee or destroy or damage any object that does not fall under the transport contracts. 3. If, as a result of an accident in the railway operation, produced during the service of connection and exchange on the railway crossing the border, in the transmission stations or at the border stations or on the occasion of the trip to or from service, the death or personal injury of an employee belonging to the competent bodies of the other Contracting Party shall either destroy or damage any object worn or had on him, the determination of the amount of the compensation from the point legal view will be done as if the injury had occurred on the territory of the state neighbor. 4. In respect of the liabilities arising from transport contracts as a result of losses or damage to the means of transport, parts or accessories thereof, loading supplies or pallets, the contracting parties shall apply the provisions contained in the international agreements and conventions to which both Contracting Parties or Railways are a party. 5. As a result of the responsibilities covered by paragraphs 1 and 4, in respect of the fees of mutual claims shall be done as follows: a) the damage caused by the railway employees will be borne by the railway whose employee has produced the damage; b) the damage resulting from the improper state of construction, installations and means of towing, intended to ensure the performance of the railway traffic and its safety, will be borne by the railway to which the task lies maintenance and repair; c) liability for damage caused due to the improper technical condition of another rolling stock returns to the railway that carried out the last technical revision in the common station or in the transmission station; d) if the damage is caused by both railways or employees of both railways, the liability will be proportional to the fault of each; if it cannot be established concretely which of the parties and in what proportion is responsible for the production the damage, both railways will equally bear the consequences; e) the damage due to the inevitable will be borne by the affected railway. 6 6. The research and determination of the causes of events, accidents and fires, in the situation where the responsibility of the other railway is also assumed, will be carried out by the representatives of both railways, according to the laws of the state This territory has occurred. 7. In order to regulate the situations in which a railway is addressed to the other railway for compensation, the provisions of the international agreements to which both contracting parties or railways are part shall apply. + Article 24 Statement of benefits The payment and the statement for the transport and railway services provided, respectively for any damage, shall be made on the basis of the arrangements agreed between the railways of the Contracting Parties. + Article 25 Epidemiological, veterinary and phytosanitary checks The epidemiological, veterinary and phytosanitary verification of perishable goods and of the animals that are dispatched by rail over the state border shall lie with the competent bodies of the contracting parties according to the internal laws in effect and international agreements to which the Contracting Parties are a party. + Article 26 Joint Commission 1. In order to apply and carry out this Agreement, the Contracting Parties shall form a joint railway traffic commission from the representatives of the competent bodies of the Contracting Parties. 2. The Joint Committee shall carry out its annual work or whenever necessary, alternatively, within the territory of the two States. 3. The work of the joint committee will be carried out in accordance with the agenda to be established on the occasion of its first meeting. + Article 27 Entry into force 1. This Agreement shall enter into force on the date on which the Parties shall be notified, reciprocally, in writing, of the fulfilment of the internal legal procedures in force concerning the approval or ratification. 2. Any amendment to this Agreement shall be agreed by the Contracting Parties and shall enter into force in accordance with the procedure referred to in paragraph 1 of this Article. + Article 28 Validity of agreement This Agreement shall be concluded for an indefinite period. The validity of this Agreement will expire 6 months after one of the Contracting Parties will be notified, in writing, to the other Contracting Party, its denunciation. Signed in Budapest on March 12, 1997, in two original copies, each in Romanian and Hungarian, both texts being equally authentic. For the Romanian Government, Traian Basescu For the Government Ungare, Karoly Lotz ---------