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RS 0.741.619.169 Agreement of 18 December 2000 between the Swiss Federal Council and the Government of the Republic of Belarus on international road transport of persons and goods (with prot.)

Original Language Title: RS 0.741.619.169 Accord du 18 décembre 2000 entre le Conseil fédéral suisse et le Gouvernement de la République du Bélarus relatif aux transports internationaux par route de personnes et de marchandises (avec prot.)

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0.741.619.169

Original text

Agreement

Between the Swiss Federal Council and
Government of the Republic of Belarus
Relating to international carriage by road of persons and
Of goods

Convened on 18 December 2000

Entered into force by exchange of notes on 12 June 2001

(State on 28 November 2014)

The Swiss Federal Council and the Government of the Republic of Belarus,

Hereinafter Contracting Parties, wishing to facilitate the carriage by road of persons and goods between the two countries, as well as in transit through their territory,

Agreed to the following:

Art. 1 Scope of application

The provisions of this Agreement shall apply to the carriage of persons and goods from or to the territory of the State of one of the Contracting Parties or through that territory, carried out by means of vehicles Registered in the territory of the State of the other Contracting Party.

Art. 2 Definitions

The term is:

1. "Carrier" means a natural or legal person who, either in Switzerland or in the Republic of Belarus, has the right to transport persons or goods by road in accordance with the legal provisions in force in his country;

2. "Vehicle" means a mechanically driven road vehicle and, where applicable, its trailer or semi-trailer which is assigned to transport

(a)
More than nine persons seated, including the driver,
(b)
Goods;

3. "Authorization" means any license, concession or authorization required, in accordance with the law applicable in the State of each Contracting Party.

Art. 3 Transport of persons

1. Casual transport of persons fulfilling the following conditions shall be exempt from authorisation:

(a)
Transport of the same groups of 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 To judgments 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 State of 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 State of 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 contracts of carriage entered into before their arrival in the country where the care is carried out, or
-
Have been conducted previously by the same carrier under the conditions indicated in the let. (b) of this article in the country in which they are covered and are transported out of that country, or
-
Have been invited to visit the State of the other Contracting Party, the cost of transport being the responsibility of the inviting. Travellers must form a homogeneous group which cannot have been constituted solely for the purpose of this voyage;
(d)
Transit through the territory of the State of the other Contracting Party.

2. The carriage of persons fulfilling the following conditions shall be exempt from authorisation:

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

3. Transportation under paras. 1 and 2 of this article shall be carried out under the cover of a control document.

4. Transportation other than those referred to in paras. 1 and 2 of this Article shall be subject to authorisation, according to the national law of the States of the Contracting Parties. Authorisations shall be granted subject to reciprocity.

Art. 4 1 Transport of goods

(1) Any carrier of a Contracting Party shall have the right, without authorization, to import temporarily an empty or loaded vehicle into the territory of the State of the other Contracting Party, in order to transport goods:

(a)
Between a place of the territory of the State of a Contracting Party and a place of the territory of the State of the other Contracting Party; or
(b)
From the territory of the State of the other Contracting Party to a third country or from a third country to the territory of the State of the other Contracting Party; or
(c)
In transit through the territory of the State of the other Contracting Party.

2. In the case of transport by means of coupled vehicles, consisting of elements of different nationalities, the provisions of the agreement shall apply to the whole only if the tractor vehicle is registered in the State of one of the Contracting Parties.


1 New content according to Art. 1 of the Ac. Of 26 Feb. 2014, in force by exchange of notes since 28 Nov 2014 ( RO 2014 4705 ).

Art. 5 Implementation of national legislation

For all matters not covered by this Agreement, carriers and drivers of vehicles of a Contracting Party located in the territory of the State of the other Contracting Party shall be obliged to respect the Provisions of the laws and regulations of the latter State which will ensure that they are applied in a non-discriminatory manner.

Art. 6 Prohibition of cabotage

The carriage of persons and goods in cabotage is not permitted. The Joint Commission, referred to in s. 10, may introduce derogations on this subject.

Art. 7 Offences

The competent authorities of the States of the Contracting Parties shall ensure that the carriers comply with the provisions of this Agreement.

2. Carriers and drivers of vehicles which, in the territory of the State of the other Contracting Party, have committed infringements of the provisions of this Agreement or of laws and regulations relating to road transport or road transport Road traffic in force in that territory may, upon request of the competent authorities of that country, be the subject of 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 State of the Contracting Party where the offence was committed.

The competent authority which takes such action shall inform the competent authority of the other Contracting Party.

4. Remain reserved for sanctions which may be applied under national law by the courts or other authorities of the State of the Contracting Party in whose territory such offences have been committed.

Art. 8 Competent Authorities

The Contracting Parties shall each communicate to each other the authorities responsible for the application of this Agreement. These authorities correspond directly.

Art. Implementing rules

The Contracting Parties shall agree on the terms of application of this Agreement by means of a Protocol 1 Which forms an integral part of this agreement.


1 Not published to OR.

Art. 10 Joint Commission

1. A Joint Commission consisting of representatives of the competent authorities shall be established to deal with matters arising from the application of this Agreement.

2. This Commission is competent to amend or supplement the Protocol referred to in Art. 9. The decisions of the Joint Commission shall enter into force after reciprocal communication by diplomatic means of the completion of the national procedures.

3. The competent authorities of one of the Contracting Parties may request the meeting of the Joint Commission, which shall meet alternately in the territory of each Contracting Party.

Art. 11 Application to the Principality of Liechtenstein

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


Art. 12 Entry into force and duration of validity

1. Each Contracting Party shall notify the other, through diplomatic channels, of the completion of the procedures required by its legislation for the implementation of this Agreement. It shall enter into force on the date of the date of the last of those notifications.

2. The Agreement shall be valid for an indefinite period of time; it may be denounced by each Contracting Party for the end of a calendar year with a written notice of at least six months.

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

Done at Berne, December 18, 2000, in two originals in the French and Belarusian languages, all texts being equally authentic.


For the

Swiss Federal Council:

For the Government

From the Republic of Belarus:

Max Friedli

Aleksandr V. Loukachov


RO 2003 2649


Status on November 28, 2014