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RS 0.741.619.127 Agreement of 23 June 2004 between the Swiss Federal Council and the Government of the People's Democratic Republic of Algeria on international transport by road of persons and goods

Original Language Title: RS 0.741.619.127 Accord du 23 juin 2004 entre le Conseil fédéral suisse et le Gouvernement de la République algérienne démocratique et populaire relatif aux transports internationaux par route des personnes et des marchandises

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0.741.619.127

Original text

Agreement

Between the Swiss Federal Council and the Government of the People's Democratic Republic of Algeria on international road transport of persons and goods

Concluded on 23 June 2004
Entered into force by exchange of notes on 30 May 2005

(State on 21 June 2005)

The Swiss Federal Council and the Government of the People's Democratic Republic of Algeria,

" Contracting Parties, desiring to facilitate the transport by road of persons and goods between the two countries, as well as in transit through their territory,

Agreed to the following:

Title I Scope and definitions

Art. 1 Scope of application

The provisions of this Agreement shall apply to road transport of persons and goods from or to the territory of one of the Contracting Parties or through that territory, carried out by means of 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 in Algeria, has the right to transport persons or goods by road in accordance with the legal provisions in force in his country.

2 The term "vehicle" means a mechanically driven road vehicle and, where applicable, its trailer or semi-trailer that is assigned to transport:

A.
Persons, more than 9 places, including the driver,
B.
Of goods of more than 3.5 tonnes of total authorized weight.

3 The term "authorization" means any license, concession or authorization required under the law applicable by each Contracting Party.

Title II Road transport of persons

Art. 3 Authorities and Exemptions

1 Casual transportation of persons meeting the following conditions shall be exempt from authorization:

A.
Transport of the same persons by the same vehicle during a journey where the points of departure and arrival are located in the country of registration of the vehicle, no person being cared for or posted along the route or in the stops Outside the said country (closed door circuit); or
B.
Transport of a group of persons from a place in the country of registration of the vehicle to a place in the other Contracting Party, the vehicle leaving the territory of that territory; or
C.
Transport of a group of persons from a place situated in the other Contracting Party to a place in the country of registration of the vehicle, provided that the service is preceded by an empty movement to the way and that the passengers:
-
Be grouped by transport contracts entered into before their arrival in the country where the care is taken; or
-
Have been conducted previously by the same carrier under the conditions set out in para. B above, in the country in which they are covered and are transported out of that country; or
-
Have been invited to visit the other Contracting Party, with the costs of transport being borne by the invitation. Travellers should form a homogeneous group that cannot have been formed solely for the purpose of this trip.
D.
Transit through the territory of the other Contracting Party.

2 The regular transport of persons meeting the following conditions shall be exempt from authorisation:

-
Shuttle services with accommodation in transit or to the territory of the other Contracting Party,
-
The unladen journeys of vehicles carried out in connection with shuttle services.

3 The transport referred to in points 1 and 2 of this Article shall be carried out under the cover of a road map and a list of passengers.

The model of the road map referred to above shall be established by the Joint Committee under Art. 13 of this Agreement.

4 Transport other than those referred to in points 1 and 2 of this Article (regular line services) shall be subject to authorisation, according to the national law of the Contracting Parties. Authorisations shall be granted subject to reciprocity.

5 Applications for authorisation must be submitted to the competent authority of the country of registration of the vehicle which will forward them to the competent authorities of the other Contracting Party. The procedure for granting the authorization and other related matters will be dealt with by the Joint Committee under s. 13 of this Agreement.

6 The competent authority of the Contracting Party which has granted the authorisation shall inform the competent authority of the other Contracting Party by sending a copy of the document issued to it.

Art. 4 Required Documents

1 Depending on the case, authorisations or roadmaps and passenger lists must be on board vehicles and must be presented on request from the control services.

2 On presentation of a justification, vehicles intended to replace those which are damaged or broken shall be exempted from the prior authorisation to enter a vacuum.

3 In the case of an empty transit, the carrier shall justify the crossing of the territory of the other Contracting Party.

Title III Road freight transport

Art. 5 Access conditions

1 Any carrier of a Contracting Party shall have, subject to authorization, the right to temporarily import an empty or loaded vehicle in the territory of the other Contracting Party for the purpose of transporting goods:

A.
Between any place in the territory of a Contracting Party and any place situated in the territory of the other Contracting Party; or
B.
In transit through the territory of that other Contracting Party; or
C.
From a third country to the territory of the other Contracting Party.

2 The Joint Committee referred to in s. 13 may provide for further liberalization measures.

3 The Joint Committee shall determine the quota of authorisations and determine the terms and conditions of their grant, the duration of their validity (on travel or on time) and the cases of exemption.

Art. 6 Coupled Vehicles

In transport using coupled vehicles consisting of elements of different nationalities, the provisions of the agreement apply to the whole only if the towing vehicle is registered in one of the contracting parties.

Title IV General provisions

Art. 7 Implementation of national legislation

For all matters not governed by this Agreement, carriers and drivers of vehicles of a Contracting Party located in the territory of the other Contracting Party are required to comply with the provisions of this Agreement. Legislation and regulations that will be applied in a non-discriminatory manner.

Art. 8 Prohibition of inland transport

Inland transport of persons and goods is not permitted. The Joint Committee, referred to in s. 13, may introduce derogations in this respect.

Art. Competent Authorities

The competent authorities of the Contracting Parties responsible for the application of this Agreement shall be:

For Switzerland:

The Federal Department of the Environment, Transport, Energy and Communication

Federal Transportation Agency

CH-3003 Berne

For Algeria:

Ministry of Transport

Land Transportation Directorate

119, Rue Didouche Mourad

Algiers, Algeria

These authorities may correspond directly.

Art. 10 Vehicle Weights and Dimensions

1 With regard to the weight and size of on-road vehicles, each Contracting Party undertakes not to subject vehicles registered in the other Contracting Party to conditions more restrictive than for vehicles registered on Its territory.

2 In the case where the vehicles exceed the maximum weights and dimensions set by the national legislation of each Contracting Party, the following procedures shall apply respectively:

For Switzerland:

Vehicles registered in Algeria may enter Switzerland in the area close to the border fixed by the Federal Department of the Environment, Transport, Energy and Communication with an authorisation issued, or by Swiss Customs Office, or by the Federal Roads Office, CH-3003 Berne.

For transport beyond this zone, the Federal Roads Office, CH-3003 Berne, will issue special authorizations only for the indivisible goods and if the road conditions permit the granting of the authorization. Requests must be made in advance to this authority.

In no case shall the total weight recorded in the movement permit be exceeded.

For Algeria:

Exceptional transport requests should be addressed to the Wali de la Wilaya d' entrée.

Art. 11 Customs regime

1 Fuels, fuels and lubricating oils contained in the normal tanks of vehicles imported temporarily, as well as the personal effects of crews shall be admitted duty free and without prohibitions or prohibitions Import restrictions.

2 Spare parts imported for use in the repair of a specified vehicle, already temporarily imported, shall be admitted temporarily free of entry fees and taxes without prohibitions or import restrictions. Contracting Parties may require that such parts be placed under the cover of a temporary importation title. Superseded parts are released, re-exported or destroyed under customs control.

Art. 12 Offences

1 The competent authorities shall ensure that the carriers comply with the provisions of this Agreement.

2 Where carriers and drivers of vehicles commit, in the territory of the other Contracting Party, infringements of the provisions of this Agreement or of legislative and regulatory provisions relating to transport Road or road traffic in force in that territory, they may, at the request of the competent authorities of that country, be subject to the following measures to be taken by the authorities of the country of registration of the vehicle:

A.
Warning;
B.
Temporary, partial or total abolition of the right to transport in the territory of the Contracting Party where the infringement was committed.

3 The authority taking such action shall inform the competent authority of the other Contracting Party.

4 Demo reserved the penalties that may be applied under national law by the courts or competent authorities of the Contracting Party in whose territory such offences have been committed.

Art. 13 Joint Committee

1 A Joint Committee consisting of representatives of the Contracting Parties shall be set up to deal with matters arising from the application of this Agreement.

2 The Joint Committee shall meet alternately in Switzerland and Algeria at the request of either Contracting Party.

Art. 14 Application to the Principality of Liechtenstein

1 In accordance with the formal request of the Government of the Principality of Liechtenstein, this Agreement also extends to the Principality as long as it remains linked to the Swiss Confederation by means of a customs union treaty.

Art. 15 Entry into force and duration of validity

1 This Agreement shall enter into force from the date of the last notification by which the Contracting Parties will be informed, through diplomatic channels, of the completion of the constitutional procedures required for that purpose.

2 This Agreement shall remain in force for an indefinite period unless denunciation, by diplomatic means, by any of the Contracting Parties. In this case, the agreement will cease to have effect six months after the other Contracting Party has received notification of the denunciation.

In witness whereof, The undersigned, duly authorized by their respective Governments, have signed this Agreement.

Done at Algiers, June 23, 2004 in two originals in the languages of France N And Arabic, both texts being equally authentic.


For the

Swiss Federal Council:

For the

People's Democratic Republic of Algeria:

Franz von Däniken

Hocine Meghlaoui


RO 2005 2457


State 11. July 2006