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Law No. 96 Of 26 May 1999

Original Language Title:  LEGE nr. 96 din 26 mai 1999

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LEGE no. 96 96 of 26 May 1999 for the ratification of the Agreement between the Government of Romania and the Government of the Republic of Uzbekistan on the collaboration in the field of transit road transport and of the Convention between the Government of Romania the railway transport activity, signed in Bucharest on 6 June 1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 253 253 of 3 June 1999



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the Republic of Uzbekistan on cooperation in the field of transit traffic and the Convention between the Government of Romania and the Government of the Republic of Uzbekistan transport by rail, signed in Bucharest on 6 June 1996. This law was adopted by the Senate at its meeting on March 22, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on April 26, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, ANDREI IOAN CHILIMAN + AGREEMENT between the Government of Romania and the Government of the Republic of Uzbekistan on the collaboration in transit Government of Romania and Government of the Republic of Uzbekistan, hereinafter referred to as wishing to contribute to the mutually beneficial development of trade and economic relations, in order to facilitate and regulate transit road transport on the territories of their states, on the basis of equal rights and mutual benefit, have agreed the following: + Article 1 Scope of application 1. The provisions of this Agreement shall apply to consignments of goods made with vehicles registered in the territory of one of the two States in transit in the territory of the other 2 2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from the provisions of other bilateral or multilateral agreements in the field of international road transport of goods or persons, to which they are Parts. + Article 2 Definitions For purposes of this Agreement: -the term carrier designates any natural or legal person having its head office in Romania or in the Republic of Uzbekistan and who, in accordance with the national legislation in force in the State of registration of the vehicle, is authorized to carry out international shipments of persons or goods for others or for their own account; -the term vehicle designates any means of road transport with mechanical propulsion, as well as any assembly consisting of a truck, a tractor vehicle and a trailer or semi-trailer, the truck and the towing vehicle being registered in the territory of the to the State of one of the The trailer or semi-trailer can be registered or not in the same state + Article 3 Scope of application 1. Carriers with vehicles registered in the territory of the State of one of the Contracting Parties, which transit through the territory of the State of the other Contracting Party, with or without charge, shall be carried out Permits are issued in unlimited numbers, with the payment of road use tariffs. The Contracting Parties may agree, where appropriate, on the basis of reciprocity, on a quota of authorisations with partial or total relief from the payment of these tariffs. 2. In the course of transit consignments the carriers of a Contracting Party shall not be permitted to load goods within the territory of the other Contracting Party 3. The transporters of one of the contracting parties shall not be authorized to carry out consignments of goods between two points within the territory of the other + Article 4 Weight and dimensions of vehicles Where the weight, dimensions or axle load of the vehicle exceed the maximum permissible limits within the territory of the State of a Contracting Party, the vehicle shall possess a special authorization issued by the competent authority of that Party. Contracting. If this authorization limits the movement of the vehicle on a determined itinerary, the shipment will be made only on this itinerary. + Article 5 Document control 1. The competent authorities of the contracting parties shall jointly establish the procedure for carrying out the transport control carried out in accordance with the provisions of this Agreement. 2 2. The documents required for international consignments must accompany those vehicles and be presented at the request of the authorized control bodies of each Contracting Party. 3. Drivers of vehicles registered in the territory of the State of one of the Contracting Parties, which carry out transport in transit within the territory of the State of the other Contracting Party, shall possess national driving licences or international, national documents for those vehicles and other documents in accordance with international regulations. + Article 6 Customs provisions 1. Vehicles registered in the territory of the State of one of the Contracting Parties and the 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 Contracting Parties, with exemption from customs duties, provided that they are re-exported. The same regime extends to the spare parts, accessories of the vehicle and normal equipment, necessary in the transport activity, imported with the said vehicles and re-exported with them. 2. Fuel and lubricants found in normal tanks mounted on vehicles and provided by the manufacturer's plant, which are used for the operation of the vehicle and, if applicable, for the refrigeration operation, shall be exempt from the payment of import duties and shall not be subject to any restrictive or prohibitive import measures. 3. The replacement parts imported for the repair of a vehicle of one of the Contracting Parties, already temporarily admitted to the territory of the State of the other Contracting Party, shall be exempt from customs duties and shall not be subject to any measures restrictive or prohibitive on import. Replaced or unused parts will be re-exported or destroyed under the control of the customs authorities. 4 4. With regard to customs, border, sanitary and phytosanitary control at the crossing of the state border of one or another of the two contracting parties, it shall be carried out according to the provisions of the national legislation in force on the territory the state of the respective contracting party and the provisions of the international conventions to which the two States are parties. + Article 7 Competent authorities 1. The competent authorities for carrying out this Agreement shall be the authorities responsible for the consignments, respectively: -for Romania: Ministry of Transport; -for the Republic of Uzbekistan: UZAVTOYUL Concern. 2. The Contracting Parties shall notify any change to the name of the respective competent authority. + Article 8 Joint Commission 1. In order to examine and apply the provisions of this Agreement, a joint commission shall be established which shall be composed of representatives of the competent authorities of each Contracting Party. 2. The Joint Committee shall, alternatively, meet in the territory of the State of each Contracting Party whenever necessary, at the request of one of the competent authorities. + Article 9 Fees and payments 1. The vehicles of one of the Contracting Parties, which carry out transport activities in accordance with the provisions of this Agreement, shall be exempt from payment of all taxes applied in respect of the movement or possession of vehicles, as well as from the payment of all special charges applied to transport operations on the territory of the State of the other Contracting Party, in accordance with the laws and regulations in force on the territories of the States Contracting. 2. All payments arising from the application of this Agreement shall be made in freely convertible currency. If a payment agreement is concluded between the two contracting parties, its provisions will apply. 3. Profits obtained as a result of the operation of vehicles in international traffic, as well as movable property in connection with the operation of vehicles shall be required in the state where the seat of the actual management of the carrier is located 4. If the Contracting Parties conclude a convention for the avoidance of double taxation, the provisions of this Convention shall apply. + Article 10 Application of national In all cases not covered by the provisions of this Agreement or by the international conventions or agreements to which the two States have acceded or are parties shall apply the provisions of the national law of each Contracting Party, in force on the territory of its State + Article 11 Sanctions 1. In case of non-compliance with the legislation in force on the territory of the State of the other Contracting Party, the provisions of this Agreement or the conditions included in the transport authorization by the carriers or by the personnel on board the competent authority of the State in which the vehicle is registered shall, at the request of the competent authority of the other Contracting Party, take the following measures: a) will apply a warning to the carrier who committed the deviation; or b) will suspend or withdraw the right of the carrier to carry out transport on the territory of the state of the contracting party in which the deviation was committed. 2. The competent authority which has taken such a measure shall inform the competent authority of the other Contracting Party thereof. 3. The provisions of this article do not exclude the measures that may be applied by virtue of national law by the courts or administrative authorities of the state in which the deviation was committed. + Article 12 Dispute settlement 1. Any dispute arising as a result of the interpretation or application of this Agreement shall be settled by direct negotiations between the competent authorities of each Contracting Party. 2. If these competent authorities do not reach a settlement, the dispute will be resolved diplomatically. + Article 13 Entry into force, amendments and validity of the Agreement 1. This Agreement shall enter into force on the date when the Contracting Parties shall notify each other of the formalities required by their national laws relating to the entry into force of international agreements. 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. 3 3. This Agreement shall be concluded for a period of five (5) years and may be tacitly extended, for successive periods of five (5) years, if none of the Contracting Parties shall be denounced in writing at least 90 days prior to their expiration. period of validity. Concluded in Bucharest on 6 June 1996, in two original copies, each in Romanian, Uzbek and Russian, all texts having the same validity. If there will be misunderstandings of interpretation of this agreement, the reference text will be the one in Russian. For the Romanian Government, Aurel Novac For the Government Uzbekistan, Komildjon Rahimov + CONVENTION between the Romanian Government and the Government of the Republic of Uzbekistan transport activity by rail Government of Romania and Government of the Republic of Uzbekistan, hereinafter referred to as emphasising the particular importance of international rail passenger and freight transport between both States and in transit through their territories to third States and from them, Having regard to the mutual interest in the development of cooperation between the two States in the field of rail transport, on the basis of mutual benefit, in order to achieve a transport and freight-related transport, agreed the following: + Article 1 1. The Contracting Parties undertake to support the implementation of rail passenger and freight transport between the two States and in transit through their territories, the transhipment of goods, the security of traffic and the integrity of goods, as well as the passage of state borders and customs procedures, in accordance with the national legislation of each country. 2. The Contracting Parties shall grant their clause to the most favoured nation on access to railway infrastructure on the territories of their states. Both sides will develop the combined transport techniques, especially the ferry system. 3. Provisions of art. 1 1 section 2 shall not apply to the advantages and privileges that any of the Contracting Parties have granted or will grant in the framework of free trade, customs, economic or monetary union areas to which only one of the Parties is a member. + Article 2 For the application of the provisions of this Agreement, the Contracting Parties shall designate: (C.F.R.), and the Uzbek part-state-owned railway company UZBEKISTAN TEMIR IULLARI. + Article 3 In the organisation of rail passenger and freight transport in the territories of the States of the Contracting Parties, and in transit from third States or to third States Contracting Parties shall take appropriate measures on the basis of the Conventions international, national law in the two states, and if necessary, will conclude separate conventions. + Article 4 1. The concrete ways of transport of goods in transit on the territory of the Republic of Uzbekistan to Romania and on the territory of Romania to the Republic of Uzbekistan, as well as the settlement mode for international passenger transport and goods and services awarded are established in appropriate special conventions, concluded between the railway organizations of the contracting parties: in Romania-S.N.C.F.R. (C.F.R.), and in the Republic of Uzbekistan-state-owned railway company UZBEKISTAN TEMIR IULLARI, hereinafter referred to as railway companies. 2. In order to solve the operative problems related to the transit of goods the railway companies of the contracting parties may open their own representations on the territory of the State of the other Contracting Party, in accordance with the national. + Article 5 The contracting parties will support the exchange of information between the railway companies of the Republic of Uzbekistan and Romania. + Article 6 During the period of parking on the territory of the other state each contracting party will grant, on the basis of reciprocity, assistance in fulfilling the service obligations, and in case of illness or unforeseen accident-free medical assistance in case of Emergency. + Article 7 The contracting parties shall support the railway undertakings referred to in art. 4 in the preparation and conclusion of separate conventions, namely: a) on direct and transit rail traffic; b) on reciprocal deliveries of rolling stock, technique, installations, spare parts for them and material resources for the needs of rail transport, repairs of rolling stock, installations and technique; c) on how to carry out reciprocal settlements for transport, deliveries and other services granted; d) on mutual liability for non-compliance with technological parameters of transport activity and on the recovery of material damage. + Article 8 Contracting Parties shall inform each other of the legislation adopted in the field of rail transport. + Article 9 The contracting parties will work together in the field of train transport specialists. + Article 10 Any differences that may arise in the interpretation or application of this Convention shall be resolved by the Contracting Parties through direct negotiations and consultations, unless otherwise provided for in the special conventions. + Article 11 Contracting Parties may amend or amend the provisions of this Convention. Amendments or amendments will be set out in a separate protocol, which will form an integral part of this Convention. + Article 12 This Convention shall enter into force on the date of the last written notification from the Contracting Parties concerning the fulfilment of the national legal procedures for entry into force, shall be concluded for a period of 5 years and shall be extended automatically for the following periods of 2 years, if a Contracting Party fails to notify in writing, by diplomatic means, at least 6 months before the expiry of that period, its wish to denounce this Convention. Signed in Bucharest on 6 June 1996, in two original copies, each in Romanian, Uzbek and Russian. In the case of different interpretation of the texts, the basis of the text of the convention in Russian is based. For the Romanian Government, Aurel Novac For the Government Uzbekistan, Komildjon Rahimov ----------