Law No. 96 Of 26 May 1999

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

Read the untranslated law here: http://legislatie.just.ro/Public/DetaliiDocument/18340

Law No. 96 of 26 May 1999 on the ratification of the agreement between the Government of Romania and the Government of the Republic of Uzbekistan on cooperation in the field of road transport and transit agreement between the Romanian Government and the Government of the Republic of Uzbekistan on cooperation in transport by rail, signed at Bucharest on 6 June 1996 the PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 253 of 3 June 1999, 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 Uzbekistan on cooperation in the field of road transport and transit Convention between the Government of Romania and the Government of the Republic of Uzbekistan on cooperation in transport by rail, signed at Bucharest on 6 June 1996.
This law was adopted by the Senate at its meeting on 22 March 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting on 26 April 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, Andrew John CHILIMAN AGREEMENT between the Government of Romania and the Government of the Republic of Uzbekistan on cooperation in the field of road transit Governments of Romania and the Republic of Uzbekistan, hereinafter referred to as the Contracting Parties, desiring to contribute to the development of mutually advantageous trade and economic relations, with the aim of facilitating and regulating road transport transit through the territories of their States, 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 goods carried out by vehicles registered in the territory of one of the two countries in transit through the territory of the other State. 2. This agreement shall not affect the rights and obligations of the Contracting Parties arising from other bilateral or multilateral agreements in the field of international road transport of goods or persons, to which they are parties.


Article 2 Definitions for the purposes of this agreement:-the carrier shall mean any natural or legal person that has its head office in Romania or in the Republic of Uzbekistan and which, in accordance with national legislation in force in the State of registration of the vehicle is authorized to carry out international transport of persons or goods for others or on own account;
means any vehicle-the term means of mechanically propelled road transport, as well as any ensemble consisting of a truck-tractor, a vehicle and a trailer or semi-trailer, truck-tractor and the vehicle being registered in the territory of one of the Contracting Parties. Trailer or semi-trailer can be registered or not in the same State.


Article 3 Field of application 1. Shipments of vehicles registered in the territory of one of the Contracting Parties, transiting the territory of the other Contracting Party, whether or not its cargo, shall be made on the basis of the authorization. Authorizations shall be issued in unlimited number, pay charges for use of roads. The Contracting Parties may agree, if necessary, on a reciprocal basis, of a quota of permits with partial or total exemption from paying these charges.
2. In the course of transit transport carriers of a Contracting Party not to allow loading of goods on the territory of the other Contracting Party.
3. air carriers of one of the Contracting Parties are not allowed to transport merchandise between two points within the territory of the other Contracting Party.


Article 4-weight and dimensions of vehicles where weight, dimensions or axle load of a vehicle exceed the maximum limits within the territory of a Contracting Party, the vehicle must be in possession of a special authorization issued by the competent authority of that Contracting Party. If this authorization limits the movement of the vehicle on a route, the transport will only be made on this itinerary.


Article 5 control of documents 1. The competent authorities of the Contracting Parties shall agree on how to control transport carried out in accordance with the provisions of this agreement.
2. Documents required for international shipments must accompany these vehicles and to be presented at the request of the authorized control organs of each Contracting Party.
3. drivers of vehicles registered in the territory of one of the contracting parties engaged in transit within the territory of the other Contracting Party must hold driving licences, national or international documents for these vehicles and other documents in accordance with international regulations.


Article 6 the Customs Provisions 1. 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 shall be admitted temporarily on the territory of the other contracting party free of customs duties, provided to be re-exported. The same procedure shall be extended to spare parts, accessories and normal equipment needed in the activity of transport vehicles, imported and re-exported, together with them.
2. Fuel and lubricants that are found in normal tanks mounted on vehicles and machinery of the plant that are used for the operation of the vehicle and, where appropriate, for the operation of refrigeration, are exempted from paying import duties and are not subject to any prohibitive or restrictive measures on imports.
3. Spare parts imported for the repair of a vehicle of one of the Contracting Parties, had already admitted temporarily within the territory of the other Contracting Party, shall be exempt from customs duties and are not subject to any prohibitive or restrictive measures on imports. Parts replaced or unused ones will be re-exported or destroyed under the control of the Customs authorities.
4. With regard to customs control, sanitary and phytosanitary graniceresc, crossing the State border of one or other of the two Contracting Parties, it shall be carried out in compliance with national legislation in force in the territory of the Contracting Party concerned and the provisions of international conventions to which both States are parties.


Article 7 competent authorities 1. The competent authorities for the implementation of this agreement are in charge of transport, namely:-for Romania: Ministry of transport;
-for the Republic of Uzbekistan: UZAVTOYUL Corporation.
2. The Contracting Parties will notify any change in the designation of the competent authority concerned.


Article 8 Joint Committee 1. For the purposes of the examination and application of provisions of this agreement is to establish a joint Commission consisting of representatives from its competent authorities of each Contracting Party.
2. The Joint Committee shall meet, alternately in the territory of each Contracting Party, whenever necessary, at the request of one of the competent authorities.


Article 9 payment and fees 1. Vehicles of one of the Contracting Parties which carry out transport operations in accordance with the provisions of this Agreement shall be exempt from payment of all other fees imposed in respect of the possession or circulation of vehicles, as well as from all special taxes applied to transport operations within the territory of the other Contracting Party, in accordance with the laws and regulations in force in the territories of two States parties.
2. All payments arising from the application of this Agreement shall be made in freely convertible currency. Where between the two Contracting Parties shall conclude an agreement on payments, will apply its provisions.
3. Profits resulting from the operation of vehicles in international traffic and movable property in connection with the operation of the vehicles to be made in the State in which is situated the headquarters of effective management of the carrier.
4. Where the parties conclude a Convention for the avoidance of double taxation, shall apply the provisions of this Convention.


Article 10 the application of national law in all cases not covered by the provisions of this agreement or by international conventions or arrangements to which the two States have acceded or are the Parties shall apply the provisions of the national legislation of each Contracting Party in the territory of its force.


Article 11 Sanctions

1. In the case of non-compliance with the legislation in force within the territory of the other Contracting Party of the provisions of this agreement or the terms and conditions included in the authorization to transport by carriers or by personnel on board the vehicle, the competent authority of the country in which the vehicle is registered shall take, at the request of the competent authority of the other Contracting Party, the following will apply: (a) a warning) of the carrier who committed the irregularity; or b) will suspend times will withdraw the right of the carrier to effect transfers within the territory of the Contracting Party in which the irregularity was committed.
  

2. the competence of the Authority which has taken such a measure shall inform the competent authority of the other Contracting Parties thereof.
3. the provisions of this article shall not preclude measures which may be imposed by virtue of national legislation by the courts or administrative authorities of the country in which an irregularity has been committed.


Article 12 regulation of disputes 1. Any dispute as to the interpretation or application of this Agreement shall be resolved by direct negotiations between the competent authorities of each Contracting Party.
2. If the competent authorities do not reach an agreement, the dispute will be solved diplomatically.


Article 13 entry into force, amendments and the validity of the agreement 1. This agreement shall enter into force when the Contracting Parties will notify each other formalities required by their national legislation 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. This agreement is 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 not be denounced in writing at least 90 days before the expiration of the period of validity.
Done at Bucharest on 6 June 1996, in two originals, each in the Romanian, Russian and Uzbek languages, all texts have the same validity. Where there will be misunderstandings in the interpretation of this agreement, the text of reference will be in the Russian language.
For the Government of Romania, Aurel Novac, Government of the Republic of Uzbekistan For Komildjon Efendiyev Government and agreement between the Government of the Republic of Uzbekistan on cooperation in transport activities by rail the Government of Romania and the Government of the Republic of Uzbekistan, hereinafter referred to as the Contracting Parties, emphasizing the importance of international rail transport of passengers and goods between both countries, as well as in transit on their territory by third countries and from these considering the mutual interest in developing cooperation between the two countries in the field of railway transport on the basis of mutual benefit, in order to achieve the related transport of passengers and freight, have agreed as follows: Article 1 1. The Contracting Parties undertake to support the realization of railway transportation of passengers and goods between the two countries and in transit through their territories of transbordarii goods, security and integrity of the goods traffic, and crossing the State borders and carrying out customs procedures, in accordance with the national legislation of each country.
2. The Contracting Parties shall grant most-favoured-nation clause with regard to access to railway infrastructure on the territories of their States.
Both sides will develop combined transport techniques, especially the ferry system.
3. the provisions of article 4. 1 point 2 shall not apply to advantages and privileges on any of the parties granted or will be granted in the context of free trade areas, customs unions, economic or monetary in which only one party is a member.


Article 2 pursuant to the provisions of this agreement the Contracting Parties shall designate: the Romanian-S.N.C.F.R. (C.F.R.), while the Uzbek State-Railway Company stock company UZBEKISTON IULLARI KANTYMIR.


Article 3 the Organization of railway passenger transport and goods within the territories of the States of the Contracting Parties, as well as in transit from third States or non-Member States towards the Contracting Parties shall take appropriate measures on the basis of international conventions, national legislation in the two States, and if necessary, shall conclude separate agreements.


Article 4 1. Concrete ways of transporting goods in transit through the territory of the Republic of Uzbekistan towards Romania and Romanian territory towards the Republic of Uzbekistan, as well as settlement for international transport of passengers and goods and services shall be laid down in the corresponding separate agreements concluded between Contracting Parties railway organisations: in Romania-S.N.C.F.R. (C.F.R.), while in the Republic of Uzbekistan-State Railway Company stock company UZBEKISTON KANTYMIR IULLARI , hereinafter referred to as society of railways.
2. For operational troubleshooting related to the transit of goods by railway companies of the Contracting Parties may open its own representative offices within the territory of the other Contracting Party, in accordance with national legislation.


Article 5 the Contracting Parties will support the exchange of information between railway companies in the Republic of Uzbekistan and Romania.


Article 6 during the stay in the territory of the other State, each Contracting Party shall grant, on a reciprocal basis, assistance in fulfilling their obligations, and in case of unforeseen illness or accident-free medical assistance in case of emergency.


Article 7 the Contracting Parties shall assist the railway companies referred to in article 1. 4 in the preparation and conclusion of separate agreements, namely: a) on rail traffic and transit;
  

b) on mutual supplies of rolling, technique, equipment, spare parts for these resources and materials for the needs of rail rolling stock, repairs, installations and technology;
  

c) on how to carry out the transport mutual Payables deliveries and other services;
  

d) mutual liability for non-compliance with technological parameters of transport activity and concerning the recovery of damage to property.
  


Article 8 the Contracting Parties shall inform each other in terms of legislation adopted in the field of rail transport.


Article 9 the Contracting Parties shall cooperate in the field of preparation of specialists in rail transport.


Article 10 Any disputes which may arise in the interpretation or application of this Convention shall be resolved by the parties through negotiations and consultations, if the special conventions could not be otherwise.


Article 11 the Contracting Parties may modify or amend the provisions of this Convention. Changes or amendments will be listed 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 notification by the Contracting Parties regarding the fulfilment of national legal procedures for the entry into force, ending a period of 5 years and shall be extended automatically for the following periods of two years, if a Contracting Party will not notify you in writing, diplomatically, with at least 6 months prior to the expiry of the period in question , his desire to denounce this Convention.
Signed at Bucharest on 6 June 1996, in two originals, each in the Romanian, Russian and Uzbek.
In case of different interpretation of the text, the text shall be used as the basis of the Convention in the Russian language.
For the Government of Romania, Aurel Novac, Government of the Republic of Uzbekistan For Komildjon Efendiyev — — — — — — — — — —