Advanced Search

RS 0.741.619.163.8 Agreement of 30 June 1995 between the Head of the DFTCE and the Federal Minister of the Public Economy and Transport of the Republic of Austria concerning Article 8, 2e paragraph, of the Agreement of 22 October 1958 between

Original Language Title: RS 0.741.619.163.8 Arrangement du 30 juin 1995 entre le chef du DFTCE et le Ministre fédéral de l’économie publique et des transports de la République autrichienne concernant l’article 8, 2e alinéa, de l’Accord du 22 octobre 1958 entre la Confé

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Expand all | View by item | Close all |

0.741.619.163.8

Translation 1

Arrangement

Between the Head of the Federal Department of Transport, Communications and Energy 2 And the Federal Minister of Public Economy and Transport of the Republic of Austria concerning art. 8, para. 2, of the Agreement of 22 October 1958 3 Between the Swiss Confederation and the Austrian Republic on international road transport 4

Conclu June 30, 1995
Entered into force by exchange of notes on 1 Er September 1995

(State 17 September 2002)

The Head of the Federal Department of Transport, Communications and Energy 5 And the Federal Minister for Public Economy and Transport of the Republic of Austria agreed on the following after consulting the European Commission:

Art. 1

1 The Contracting Parties shall determine an annual quota of 28 000 authorisations, valid each time for a simple race, for vehicles with Swiss motor vehicles of more than 7.5 t of maximum permissible total weight (including trailers) carrying Goods and passing through Austrian territory in transit (commercial traffic, traffic for own account and empty racing). 1

2 A list of exceptions is attached.

1 New content according to the c. I 1 of the Amendment of 24 March 1998 ( RO 2002 2911 ).

Art. 2 1

The Contracting Parties shall examine the situation of the road transit of goods in each first quarter of the year of validity of the authorisations. In the light of this review, the Federal Minister for Science and Transport of the Republic of Austria and the Head of the Federal Department of the Environment, Transport, Energy and Communication will be able to jointly fix the The volume of these quotas after consultation with the European Commission.

1 New content according to the c. I 2 of the Amendment of 24 March 1998 ( RO 2002 2911 ).

Art. 3

1 As a first step, this Agreement is valid until 31 December 1996. It is extended tacitly for one year if it is not denounced by the end of the calendar year, for a period of three months; the denunciation must also be notified to the European Commission. The Contracting Parties shall express their intention to submit the traffic referred to in Art. 1, para. 1, to a regime based on ecological criteria, if possible as early as 1 Er January 1998.

2 If no bilateral agreement on road traffic between the Swiss Confederation and the European Community enters into force before 31 December 1997, the rules laid down in Art. 1, para. 1, will be reviewed, independently of the provisions of s. 2 and art. 3, para. 1.

Art. 4

A Joint Commission shall develop and monitor the implementation of the regulations necessary for the implementation of the Arrangement.

Art. 5

This Agreement shall enter into force on 1 Er September 1995, provided that both Contracting Parties have notified prior to that date that the national requirements for entry into force are fulfilled. Otherwise, the arrangement shall enter into force at the beginning of the month following that during which the two Contracting Parties have communicated the fact that the national conditions have been met.

Done at Crans-Montana on 30 June 1995, in two originals in the German language.

Annex 1

Transport not requiring transit authorisation

1.
Casual freight transport to or from airports, in the event of deviations from air services.
2.
Carriage of luggage in trailers of motor vehicles used specifically for the carriage of passengers and the transport of luggage by vehicles of any kind to or from airports.
3.
The transport of postal items.
4.
Transportation of damaged or off-use vehicles.
5.
The transportation of garbage and fecal matter.
6.
The transport of corpses of animals for rendering.
7.
The transport of bees and fry.
8.
Funeral transportation.
9.
The transportation of objects and works of art for exhibitions or for commercial purposes.
10.
Casual transportation of objects and materials exclusively for advertising and information purposes.
11.
Transportation of removals by companies with specialized labour and equipment.
12.
The transport of equipment, accessories and animals to or from theatrical, musical, cinematographic, sports, circuses, fairs or kermasses, as well as those intended for radio recordings, Film or television shots.
13.
The transportation of spare parts for ships and aircraft.
14.
The unladen journeys of a vehicle used for the transport of goods and intended to replace the vehicle which has fallen out of use during a journey in transit, as well as the continuation by the vehicle of assistance of transport under the cover of The authorization issued for the off-use vehicle.
15.
The transport of items necessary for medical care in the event of emergency assistance (in particular in the case of natural disasters).
16.
Transportation of Valuable Goods (p. Ex. Precious metals) carried out by special vehicles accompanied by the police or other security forces.
17.
Transport and vacuum racing carried out under the scope of CEMT authorisations.
18.
The carriage of goods by motor vehicles whose total authorised load, including that of trailers, does not exceed 7.5 tonnes.

Transport using a count card

Samnaun traffic

In order to ensure a continuous supply of the free and tourist area of Samnaun in the canton of Graubünden, the road transit through the national road 184 (road to the Engadine), the border crossing of Pfunds, the regional route 348 (Spiss regional road) and the Spiss border post to Samnaun and return, is settled by a system of counting cards.

Exchange of letters of 20 January 1998/6 April 1998 supplementing the arrangement (Emergency clause) 2

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

Bern, 6 April 1998

Minister Caspar Einem

Federal Ministry of Science and Transport

Vienna

Dear Minister,

I refer to your letter of 20 January 1998, in which you refer to the agreement concluded in Bern on 26 August 1997. It provides for the following safeguard clause to be added to the Agreement of 30 June 1995:

" If new traffic counts carried out during representative months and the transit authorisations already issued and used indicate that the number of 28,000 races will be exceeded by the end of the current year, Switzerland may have Use of a reserve of up to 500 transit authorisations, valid each time for a simple race. This reservation may only be used if Austria is informed in writing. '

As you have proposed, your letter of 20 January 1998 and this letter constitute an agreement on this safeguard clause which amends and supplements the Agreement of 30 June 1995 accordingly.

Moreover, I send you a copy, signed, of the arrangement 3 Between the Head of the Federal Department of the Environment, Transport, Energy and Communication and the Federal Minister for Science and Transport of the Austrian Republic, which amends and supplements the Agreement of 30 June 1995. It entered into force with the second signature, on March 24, 1998.

I would ask you to accept, Minister, the assurance of my distinguished consideration.

1 Update by ch. I 3 of Amendment of 24 March 1998 ( RO 2002 2911 ).
2 RO 2002 2913 .
3 RO 2002 2911 .

State 11. July 2006