0.741.619.172 original Swiss agreement between the federal Council and the Government of the Kingdom of Belgium relating to international transport by road concluded on February 25, 1975, entered into force July 24, 1975, the Swiss federal Council and the Government of the Kingdom of Belgium, to facilitate transport by road of persons and goods between the Switzerland and Belgium through commercial vehicles as well as in transit through their respective territories, have agreed to the following: art. 1 scope the provisions of this agreement apply to the transport of people and goods to or from the territory of one of the Contracting Parties or in transit through this territory, carried out by vehicles registered in the territory of the other Contracting Party.
Art. 2 definitions 1. The term "carrier" means a natural or legal person who, either in Switzerland or Belgium, has the right to carry out transport of persons or goods by road in accordance with the provisions in force in his country.
(2. the term "vehicle" means a power-driven vehicle, as well as, if any, his trailer or semi-trailer that are assigned to transport a) more of eight seats, excluding the driver; b) of goods.
3. the term "authorization" means any concession or authorization due according to law by each of the Contracting Parties.
Art. 3 transport of persons 1. Transport of passengers are subject to authorization according to the national law of the Contracting Parties.
((2 passenger transport fulfilling the following conditions are however exempt from authorization: a) the transport of the same people by the same vehicle during a trip which the departure and arrival points are located in the country of registration of the vehicle, no person not being taken in charge or deposited along the course or stops outside of said country (circuit closed doors); b) or the transportation of a group of people from a place located in the country of registration of the vehicle to a place located in the other Contracting Party, the vehicle leaving the territory of the empty; c) or travel go empty to the territory of the other Contracting Party for the purpose of take charge, at the same place, people who have been: - either grouped by contract of carriage prior to their arrival instead of their support as long as these people are not brought back to this territory; - be conducted previously , by the same carrier, at a service with return empty;-be invited to visit the country in which the vehicle is registered, the transport costs being borne by the inviting person. These people are a group that is not only made up for this trip;-is led by a vehicle that broke down;
(d) or travel in transit in charge or empty, by the territory of the other Contracting Party, with the exception of the shuttle racing performed regularly at intervals of less than 16 days.
Art. 4 transport of goods 1. With prior permission, any carrier of one Contracting Party has the right to import temporarily an empty or loaded vehicle on the territory of the other Contracting Party, for the purpose of transporting goods) between any place in the territory of a Contracting Party and any part of the territory of the other Contracting Party; or (b) to the departure from the territory of the other Contracting Party to a third country or from a third country to the territory of the other Contracting Party, provided that the vehicle passes, on the same trip and according to the normal route, the country in which it is registered.
2. are subject to authorisation, but placed outside the quota: a) the transport of objects and works of art for exhibitions or for commercial purposes; b) the occasional transport of objects and material exclusively for publicity or information; c) transport moves by companies with staff and material specialized; d) the transport of material (, accessories and animals to destination or from theatrical, musical, film, sports events, circuses, fairs or festivals, as well as those intended for radio recordings, to shooting film or television; e) transport carried out under temperature led in accordance with the Resolutions of the ECMT, referring to this category of transport; f) transport of livestock in vehicles specially designed for this purpose.
3. are given permissions: a) the occasional transport of goods to and from airports in the event of deviations from the air service; b) the transport of luggage in trailers coupled to vehicles intended for the transport of persons, as well as the transport of baggage by all kinds of vehicles to destination and from airports, c) postal transport; d) the entrance of troubleshooting and vehicles towing and transportation of damaged vehicles; e) the transport of corpses animals intended for rendering; f) transport of bees and FRY; g) funeral transport; h) transport for own account; i) transport through vehicle total weight allowed, including trailer, supported limit not 6 tonnes or whose payload authorized, including trailer, does exceed not 3.5 tons; j) transport in transit through the territory of the other Contracting Party; k) transport intended to aid (in case of disaster; 1) transport of values or precious metals through vehicles specially designed for this purpose; m) transport carried out by piggy back system.
Art. 5 permissions for the transport of goods 1. Transport permits are issued to companies by the competent authorities of the country of registration of the vehicles through which the transport are carried out and, where applicable, within the limits of the quota fixed annually by mutual agreement by the Contracting Parties.
2. permissions are of two types: has) the authorization in time: valid for unlimited travel and for a period not exceeding one year;
(b) the authorization to travel: valid for one or several trips and for a period of two months.
3. the transport must comply with the terms of the authorisation; This last must be carried on the vehicle and be presented on request of screening officers.
Art. 6 application of national legislation for all substances that are not regulated by this agreement, carriers of a Contracting Party and their attendants are required to respect the provisions of the laws and regulations of the other Contracting Party, when their vehicles on the territory of the latter.
Art. 7 Prohibition of inland transport is prohibited a carrier of one Contracting Party to carry out domestic transport in the territory of the other Contracting Party.
Art. 8 offences 1. The competent authorities of the Contracting Parties shall ensure that the carriers respect the provisions of this agreement.
2. carriers and their employees who, in the territory of the other Contracting Party, have committed offences against the provisions of this agreement or the laws and regulations in relation to road transport or traffic in force in that territory can, at the request of the competent authorities of that country, subject to the following measures, to be taken by the authorities of the country of registration of the vehicle ((: a) warning; b) removal, as temporary, partial or total, of the right to carry out transport in the territory of the Contracting Party where the offence was committed.
3. the authority which has taken such a measure shall inform the competent authority of the other Contracting Party.
4 remain reserved the sanctions that can be applied under national law by the courts or the competent authorities of the Contracting Party on whose territory such crimes have been committed.
Art. 9 rules of application the competent authorities of the Contracting Parties agree on the modalities of application of this agreement by an established protocol at the same time as this one.
Not published in the RO. This Protocol can be accessed from the federal Office of transport.
Art. 10 joint commission the competent authority of one of the Contracting Parties may request the meeting of a Joint Committee composed of representatives of both Contracting Parties to deal with issues arising from the application of this agreement; This commission is competent to amend the Protocol mentioned in art. 9. any changes will be confirmed by an exchange of diplomatic notes. The commission shall meet alternately in the territory of each of the Contracting Parties.
Art. 11 entry into force and validity of Protocol 1. This agreement shall enter into force on a date fixed by mutual agreement after that each of the Contracting Parties will be notified to the other that she complied with the constitutional provisions concerning the conclusion and implementation of international agreements.
2. the agreement is valid for an indefinite period; It may be terminated by each Contracting Party for the end of a calendar year of at least three months written notice.
((3 at the date of entry into force of this agreement, are repealed: a) the arrangement relating to transport by road between the Switzerland and Belgium from December 24, 1948, and its amendments of March 30, 1956; b) arrangements involved in tax matters by Exchange of diplomatic notes June 16, 1949, 18 and 27 December 1950.
In faith, the undersigned duly authorized by their respective Governments, have signed this agreement.
Done at Brussels, 25 February 1975, in two original copies in the French language.
Not published (s) to the RO.
Not published (s) to the RO.
Protocol in pursuant to art. 9 of the agreement between the Switzerland and the Belgium relating to international transport by road signed at Brussels, on February 25, 1975, it was agreed the following: 1. transport of persons (art. 3) regarding the transport referred to in art. 3, al. 2 of the agreement, no control document is required.
Requests for permission for the transport of persons who do not meet the conditions referred to in art. 3, al. 21 of the agreement (for example, races-shuttle) must be submitted to the competent authorities of the other Contracting Party through the competent authorities of the country of registration of the vehicle.
The authority which issued the authorization shall inform the competent authority of the other Contracting Party by sending a copy of the document issued to him.
The permissions must be on board the vehicle and be presented at the request of the supervisory bodies.
2. transport of goods (art. 4), the provisions of the agreement are applicable to vehicles coupled insofar as the vehicle is registered in one of the Contracting Parties.
To cover the needs of road traffic by carriers, the competent authorities set each year by mutual agreement the contingent and recovering free formulas.
Permissions in time are charged on the contingent at the rate of 30 trips.
Transport permits are personal and not transferable; they must be accompanied by a report of trip. This report, completed by the care of the holder of the authorisation or his representative, is stamped on each trip by the customs of the other Contracting Party. It must state: - the point of loading and unloading of goods; - the nature of the cargo; - the weight of the transported goods.
Permissions and records of travel must be on board vehicles and be presented at the request of the supervisory bodies. Permissions grant carriers the right to take back cargo.
After use or after the expiry of their validity in the event of non-use, transport and reports permissions are returned by the beneficiaries in the service who issued.
The competent authority of a contracting party address at the end of each year to the authority of the other Contracting Party a statement of the permits granted during the year.
For the moment, the Swiss authorities shall not applied permission to Belgian carriers. Therefore, they can perform without other formality of transport to destination or from Switzerland and can charge in Switzerland of the return freight.
However the Swiss authorities expressly reserves the right to apply reciprocity to Belgian carriers.
3. application of national law (art. 6) the Contracting Parties take note that art. 6 of the agreement refers particularly to the legislation on road transport, road traffic, on the weight and dimensions of vehicles, on the duration of the work and the rest of the crew of the vehicle and driving periods.
4. competent authorities the competent authorities for the purposes of the agreement are: for the Switzerland: the federal Department of transport and communications and energy, transportation agency. CH-3003 Berne (telex 33179 eav ch, tel. Bern 614111);
for the Belgium: the Ministry of Communications and posts, telegraphs and Telephones, Administration of transport, Kantersteen 12, B - 1000 Brussels (tel. 513 18 30, telex 23285).
5 weight and dimensions of vehicles in terms of weight and dimensions of road vehicles, each of the Contracting Parties undertakes to exempt vehicles registered in the other Contracting Party to more restrictive conditions than for vehicles registered in its territory.
In the case where vehicles exceed the weight and maximum dimensions determined by the national legislation of each of the Contracting Parties, the following procedures are respectively applicable: for the Switzerland: vehicles registered in Belgium can enter Switzerland in the area close to the border set by the federal Department of justice and police for an authorisation, or by the Swiss customs office , either by federal police Division, division of traffic, Berne.
For transport beyond this area, federal police Division), division of traffic CH - 3003 Berne (telex 32153, will issue special permits for indivisible goods and if road conditions permit the granting of permission.) Applications must be made in advance to this authority.
The weight total registered in the traffic permit must in no case be exceeded.
for the Belgium: exemptions are granted by the: Department of public works Service of road transport roadway of Louvain, 550 B-1030 Brussels (Belgium) phone: 02/735 20 12 Telex: Robru 22804 6. Customs regime fuels and fuel contained in the normal tanks of vehicles imported temporarily are allowed in duty-free and without prohibitions and entry taxes or import restrictions.
Spare parts imported for use in the repair of a particular vehicle already temporarily imported are temporarily admitted duty-free and without prohibitions and entry taxes or import restrictions. The Contracting Parties may require that these pieces will be placed under the guise of a title of temporary importation. Replaced parts are released, re-exported or destroyed under the control of the customs.
7 exemption from duties and taxes current Swiss legislation not subject to any duty or tax from transport or traffic Belgian carriers performing in Switzerland of transport governed by the provisions of the agreement by means of vehicles registered in Belgium. By reciprocity, the Belgium grants the exemption from tax on vehicle traffic and the daily tourist tax Swiss carriers who perform on the territory of the Belgium of transport governed by the agreement by means of vehicles registered in Switzerland. It is clear that current Belgian law grants the exemption from tax on added value for the international road transport of goods.
Remains reserved perception of concession fees and the tax on the added value hitting transport remunerated people as well as, as appropriate, of rights for roads, bridges, tunnels and to allow exceptions to the law on road traffic such as exceeding the weight, dimensions of vehicles or bans on Sunday.
Done at Brussels, 25 February 1975, in two original copies in the French language.
To the Swiss federal Council: for the Government of the Kingdom of Belgium: Monfrini a. Van Elslande RO 1975 1442 currently "telex 912 791 bar ch.
Currently "federal Office of police.
Currently "federal Office of police.
Currently "telex 912 240 bap ch.
State November 5, 1999