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RS 0.741.619.665 Agreement of 20 October 2014 between the Swiss Federal Council and the Government of the Russian Federation on International Road Transport

Original Language Title: RS 0.741.619.665 Accord du 20 octobre 2014 entre le Conseil fédéral suisse et le Gouvernement de la Fédération de Russie relatif aux transports internationaux par route

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0.741.619.665

Original text

Agreement between the Swiss Federal Council and the Government of the Russian Federation on International Road Transport

Concluded on 20 October 2014

Entered into force by exchange of notes on 21 February 2015

(State on 21 February 2015)

The Swiss Federal Council and the Government of the Russian Federation,

Hereinafter referred to as Contracting Parties,

Wishing to develop and facilitate, on a reciprocal basis, road transport of persons and goods between the States of the Contracting Parties and in transit through their territory,

Agreed to the following:

I. Scope and definitions

Art. 1

The provisions of this Agreement shall apply to international road transport of persons and goods between the States of the Contracting Parties in transit through their territory as well as to or from third countries by means of Of vehicles registered in Switzerland or in the Russian Federation.

Art. 2

For the purposes of this Agreement:

1)
"Competent authorities" means:
-
In Switzerland-the Federal Department of the Environment, Transport, Energy and Communication, Federal Transport Office, and in relation to s. 1 of the art. 8 of this Agreement-the Federal Roads Office;
-
In the Russian Federation-the Ministry of Transport of the Russian Federation, and with regard to the monitoring of compliance with the rules of road traffic provided for in Art. 11 of this Agreement-the Ministry of Internal Affairs of the Russian Federation.
In the case of a change of one of the competent authorities, the Contracting Party which has been the subject of the change shall notify the other Contracting Party by diplomatic means;
2)
"Carrier" means any natural or legal person who, either in Switzerland or in the Russian Federation, is authorized to carry out international carriage by road of persons and goods in accordance with the legal provisions in force in Switzerland or the Russian Federation;
3)
"Vehicle" means:
-
For the transportation of goods-a truck, a truck with a trailer, a towing vehicle, or a tractor vehicle with a semi-tow;
-
For the transport of persons-a bus intended for the transport of persons, comprising more than nine seats, that of the driver included, and, where appropriate, a trailer for the transport of luggage.
The vehicle must be the property of the carrier or the carrier must be able to dispose of it under a lease or leasing contract;
4)
"Regular transport of persons" - the transport of persons by bus carried out according to a certain frequency and on the basis of a route, schedule, rates and stops for the boarding and deplaning of concerted persons in advance Between the competent authorities of the States of the Contracting Parties;
5)
"Occasional transportation of persons" - the transportation of persons by bus whose definition does not correspond to that of "regular transportation of persons";
6)
"Sanitary control" - sanitary, veterinary and phytosanitary control;
7)
"Authorisation" - a document giving the vehicles registered in the State of one of the Contracting Parties the right to conduct transport races in the territory of the State of the other Contracting Party;
8)
"Special authorization":
-
An additional single authorisation which enables vehicles belonging to the carrier domiciled in the State of a Contracting Party to conduct transport races in the territory of the State of the other Contracting Party in the cases provided for Art. 8 of this Agreement;
-
A single authorisation which enables the carrier domiciled in the State of a Contracting Party to transport goods from the territory of the State of the other Contracting Party to a third country or from a country Third parties to the territory of the State of the other Contracting Party.

II. Transport of persons

Art. 3

1. The competent authorities of the States of the Contracting Parties shall agree, on the basis of the principle of reciprocity, on the performance of regular transport of persons on the section of road situated in their respective territories.

2. For the section situated on Swiss territory, regular transport of persons shall be carried out by the carriers of the States of the Contracting Parties on the basis of an authorisation issued by the competent authority of Switzerland.

For the section situated in the territory of the Russian Federation, regular transport of persons shall be carried out by the carriers of the States of the Contracting Parties on the basis of the written consent of the competent authority of the Russian Federation.

3. Requests relating to the organisation and execution of regular transport of persons shall be transmitted by the competent authorities of the States of the Contracting Parties and shall contain information on the name of the carrier, The itinerary, schedule, rates and stops where the carrier will board and disembark persons, as well as information on the period of operation and frequency of transport.

Art. 4

(1) Occasional transport of persons shall be carried out on the basis of prior authorisation issued by the competent authorities of the States of the Contracting Parties for the segment of the journey situated on the territory of their countries.

2. For each occasional carriage of persons, a single authorisation shall be issued giving the right to make a journey and return, unless another number of journeys is specified in the authorisation itself.

3. The authorization referred to in s. 1 of this section is not necessary to replace a bus that has been damaged or broken down by another bus.

Art. 5

1. Authorizations are not required for occasional transportation of persons by bus, if the same group of passengers is carried on the same bus, in the following cases:

1)
At a closed door circuit, where the point of departure and return is located in the territory of the State of the Contracting Party in which the bus is registered;
2)
On a journey beginning on the territory of the State of the Contracting Party in which the bus is registered and ending in the territory of the State of the other Contracting Party, the bus leaving the territory of that territory;
3)
The bus enters the territory of the State of the other empty Contracting Party in order to recover the group of passengers previously brought by that carrier.

2. In the case of the execution of occasional transports provided for in s. 1 of this Article, the driver shall be in possession of a document containing the list of passengers whose form is approved by the Joint Commission established in accordance with Art. 17 of this Agreement.

III. Transport of goods

Art. 6

(1) The carriage of goods between the States of the Contracting Parties or in transit through their territories shall be carried out on the basis of authorisations issued by the competent authorities of the States of the Contracting Parties, with the exception of Transportation referred to in s. 7 of this Agreement.

A single authorisation shall be issued for each carriage of goods, giving the right to transport and return unless the authorisation provides otherwise. Authorization is also required for the empty vehicle in the territory of the State of the other Contracting Party.

2. A carrier domiciled in the State of one of the Contracting Parties may transport goods from the territory of the State of the other Contracting Party to the territory of a third State and from the territory of the third State to the territory of the Contracting Party. The territory of the State of the other Contracting Party, provided that it has a special authorization in accordance with the second indent of subs. 8 of art. 2 of this Agreement issued by the competent authorities of the State of the other Contracting Party.

3. The competent authorities of the States of the Contracting Parties shall each year recover the agreed number of clearances for the carriage of goods free of charge. Authorisations shall be subject to the signature of the responsible person and the seal of the competent authority. Authorisations issued during the calendar year are valid until 31 January of the following year.

4. The competent authorities of the States of the Contracting Parties shall coordinate the procedure for the exchange of clearances.

Art. 7

1. Are exempt from the authorization referred to in s. 6 of this Agreement:

1)
The carriage of goods by vehicles having the total authorised weight in charge, including the trailer, not exceeding 3.5 tonnes;
2)
The transport of medicinal products, medical instruments and equipment, as well as other goods needed in the event of natural disasters and the transport of humanitarian aid;
3)
The transport of animals, means of transport, equipment and equipment for sporting events;
4)
The transport of exhibition objects, equipment and equipment for fairs and exhibitions;
5)
The carriage of theatre sets and accessories, musical instruments, equipment and accessories for the filming of films, radio and television broadcasts;
6)
Funeral transportation;
7)
Postal transport which is carried out under a public service scheme;
8)
Moving transportation;
9)
The carriage of defective or damaged vehicles.

2. The authorizations referred to in s. 6 of this Agreement are also not required for the entrances of technical assistance vehicles intended for towing or troubleshooting of broken or injured vehicles.

3. The exceptions provided for in c. 3, 4, 5, para. 1 of this Article shall be applied only if the goods are to be returned to the territory of the State of the Contracting Party where the vehicle is registered, or if the goods are to be transported in the territory of a country Third parties.

Art. 8

1. If the dimensions and weight of the vehicle (loaded or not) belonging to the carrier originating in the State of a Contracting Party exceed the standards established by the law of the State of the other Contracting Party, the carrier shall Advance a special authorization issued by the competent authority of the State of the other Contracting Party on the basis of the conditions laid down in the law of the other Contracting Party.

2. The transport of dangerous goods in the territory of the States of the Contracting Parties shall be carried out in accordance with the European Agreement of 30 September 1957 on the international carriage of dangerous goods by road 1 And to the legislation of the States of Contracting Parties governing such transport.

3. For the transport mentioned in par. 1 of this Article, the competent authorities of the States of the Contracting Parties may prescribe to the vehicle a compulsory route.


IV. General provisions

Art.

(1) The vehicle which is registered in one of the States of the Contracting Parties and carries out international carriage under this Agreement shall be equipped with the registration plates and distinctive signs of its own State.

2. Trailers and semi-trailers may bear registration plates and distinctive signs of other States provided that lorries, tractors and buses carry license plates and distinctive signs Of the States of Contracting Parties.

Art. 10

The carrier domiciled in the State of a Contracting Party shall not be permitted to transport persons or goods between two points in the territory of the State of the other Contracting Party.

Art. 11

The driver of the vehicle shall be the holder of a national or international driving licence (provided that the driver is accompanied by the appropriate national driver's licence) and shall be in possession of the vehicle registration documents, The requirements of the Convention of 8 November 1968 on road traffic 1 .

2. The transport authorisation and other documents required under the provisions of this Agreement shall be on board the vehicle concerned and shall be submitted at the request of the competent authorities of the States of the Contracting Parties Empowered to carry out road transport control.


Art. 12

1. Carriers domiciled in the States of Contracting Parties engaged in the carriage of persons or goods under this Agreement shall be exempted, on a reciprocal basis, from fees, emoluments and payments related to the Possession and use of the vehicle.

2. The tolls and user charges prescribed by the national legislation of the States of the Contracting Parties for the use of road infrastructure such as roads, highways, bridges and tunnels located in the territory of the States of the Parties Contracting Parties may be taken on a non-discriminatory basis with the carriers of the States of the Contracting Parties.

Art. 13

1. The carrier shall, on the basis of reciprocity, be exempted from customs duties and taxes during transport carried out on the basis of this Agreement in the case of:

1)
Fuel and fuels contained in the tanks of a vehicle and provided for by the manufacturer of each model, linked by the technology and the construction of the vehicle to the combustion system of that vehicle, and in the case of fuel located In the tanks of trailers and semi-trailers which have been installed by the manufacturer and used for the heating or cooling systems of this means of transport;
2)
The quantity lubricants necessary for the operation of the vehicle during transport;
3)
Spare parts and tools for the repair of the vehicle in the event of a breakdown or accident occurring during international transport.

2. The replacement tools and parts referred to in c. 3 of para. 1 of this article which are not used shall be subject to re-export. Replacement parts which have been replaced shall be re-exported or subject to the destruction procedure or to any other procedure provided for by the customs legislation of the State of the Contracting Party in whose territory the repair took place.

Art. 14

Border, customs, transport and health checks must be carried out in accordance with the international agreements to which Switzerland and the Russian Federation have acceded. Matters not provided for in such agreements shall be governed by the laws of the State in whose territory the said control is carried out.

2. Border, customs, transport and health checks shall be carried out in priority with regard to the transport of persons requiring urgent medical assistance, regular transport of persons and the transport of animals, foodstuffs Perishable goods and dangerous goods.

Art. 15

The carriage of persons and goods provided for in this Agreement must first be covered by compulsory insurance of civil liability.

Art. 16

1. Carriers and drivers of vehicles registered in the States of the Contracting Parties shall respect the rules of road traffic and the laws of the State in whose territory the vehicle is located.

2. In the event of a breach of the provisions of this Agreement by the carrier, the competent authorities of the State of a Contracting Party in whose territory the vehicle is registered may, at the request of the competent authorities of The State of the other Contracting Party in whose territory the violation has been committed, one of the following:

1)
Give the carrier a written warning that, in the event of repeated infringements, the authorisation previously issued to it will be temporarily suspended or permanently cancelled;
2)
Temporarily suspend or cancel the previously issued authorization;
3)
Cease to issue to the carrier new authorisations for carrying out transport races in the territory of the State of the other Contracting Party.

3. The measures taken shall be notified to the competent authorities of the State of the other Contracting Party.

The provisions of this Article shall not exclude the application to the carrier and drivers of the vehicle of the State of the other Contracting Party of the sanctions stipulated by the law of the State in whose territory the infringement has been Committed.

Final provisions

Art. 17

The Contracting Parties shall resolve contentious issues which may arise in the interpretation and application of this Agreement through negotiations or through diplomatic channels.

2. The competent authorities of the States of the Contracting Parties shall establish a Joint Commission which shall deal with questions of interpretation or application of this Agreement.

The Joint Commission shall meet at the request of the competent authority of the State of one of the Contracting Parties alternately in the territory of the State of each Contracting Party.

Art. 18

The Contracting Parties may, by mutual agreement, make amendments to this Agreement.

Art. 19

Matters which are not governed by this Agreement or by the international agreements to which the Contracting Parties have acceded shall be settled under the law of the State of each Contracting Party.

Art.

This Agreement shall not affect either the rights or obligations between the Contracting Parties to other international agreements to which Switzerland or the Russian Federation have acceded.

Art.

In accordance with the wishes of the Government of the Principality of Liechtenstein, the provisions of this Agreement shall also apply to the Principality as long as it is linked to Switzerland by a Customs Union Treaty.

Art.

This Agreement shall enter into force 30 days after the Contracting Parties have notified each other, by diplomatic means, of the completion of the internal procedures necessary for its entry into force.

2. This Agreement is valid for an indefinite period.

(3) Each Contracting Party may denounce this Agreement, subject to written notice sent by diplomatic means to the other Contracting Party. The agreement shall end six months after the date of receipt of the notification.

4. The Agreement between the Swiss Federal Council and the Government of the Union of Soviet Socialist Republics on International Road Transport signed in Bern on 14 April 1989 1 Shall be repealed on the date of entry into force of this Agreement between Switzerland and the Russian Federation.

Done at Moscow on 20 October 2014 in two copies, each in the French and Russian languages, both texts being equally authentic.



For the

Swiss Federal Council:

For the

Government of the Russian Federation:

Pierre Helg

Nikolay Asaul


RO 2015 523


Status on February 21, 2015