Saeima ir pieņēmusi un Valsts
Par Latvijas Republikas valdības un Bosnijas un Hercegovinas Ministru padomes nolīgumu par starptautiskajiem pārvadājumiem ar autotransportu
1.pants. 2013.gada 22.maijā Leipcigā parakstītais Latvijas Republikas valdības un Bosnijas un Hercegovinas Ministru padomes nolīgums par starptautiskajiem pārvadājumiem ar autotransportu (turpmāk - Nolīgums) ar šo likumu tiek pieņemts un apstiprināts.
2.pants. Nolīgumā paredzēto saistību izpildi koordinē Satiksmes ministrija. Nolīguma 10.pantā paredzēto saistību izpildi attiecībā uz autopārvadājumu atļauju izmantošanas nosacījumu ievērošanu koordinē Iekšlietu ministrija.
3.pants. Nolīgums stājas spēkā tā 15.pantā noteiktajā laikā un kārtībā, un Ārlietu ministrija par to paziņo oficiālajā izdevumā "Latvijas Vēstnesis".
4.pants. Likums stājas spēkā nākamajā dienā pēc tā izsludināšanas. Līdz ar likumu izsludināms Nolīgums latviešu un angļu valodā.
Likums Saeimā pieņemts 2013.gada 31.oktobrī.
Valsts prezidents A.Bērziņš
Rīgā 2013.gada 21.novembrī
Bosnijas un Hercegovinas
Ministru padomes vārdā
Komunikāciju un transporta ministrs
The Government of the Republic of Latvia and the Council of Ministers of Bosnia and Herzegovina (hereinafter called "the Contracting Parties") desiring to promote transport of passengers and goods by vehicles between and in transit through the territories of both countries, have agreed as follows:
I GENERAL PROVISIONS
1. The term "home country" means the territory of a Contracting Party in which a vehicle is registered.
2. The term "host country" means the territory of a Contracting Party in which a vehicle is being used in transport operations but other than the vehicle's country of registration.
3. The term "carrier" means a physical or legal person who is authorized in accordance with the respective national laws and regulations of the Contracting Parties to perform international transport of passengers or goods by road.
4. The term "vehicle" means
a) in the carriage of passengers - any power driven road vehicle which is adapted for carriage of passengers, has more than nine seats, including the driver's seat, and is registered in the territory of one of the Contracting Parties,
b) in the carriage of goods - any power driven road vehicle which is registered in the territory of either Contracting Party and adapted and normally used for goods transport. For the purposes of this Agreement the term "vehicle" also applies to any trailer or semitrailer, coupled to any vehicle disregarding the place of registration of trailer or semitrailer as well as to any combination of road vehicles.
5. The term "regular service" means passenger transport along routes and according to schedules agreed in advance and whereby passengers may enter or exit the vehicle at predetermined stops.
6. The term "cabotage" means the transport of passengers or goods between two points within the territory of one Contracting Party carried out by a carrier of the other Contracting Party.
This Agreement applies to international road transport operations of passengers and goods performed by a carrier of one Contracting Party to, from or in transit through the territory of the host country or between the territory of the host country and a third country.
Compliance with national legislation
Carriers and their staff must comply with national laws and provisions in force in the territory of the host country while performing road transport operations within the host country's territory.
Joint Committee and competent authorities
1. For the application of the provisions of this Agreement, the competent authorities of both Parties shall establish a Joint Committee, which is formed from the delegates designated by these authorities.
2. This Joint Committee shall meet at the request of competent authorities of the either Contracting Party at meetings that will be held alternately in the territories of the Contracting Parties.
3. Any issue concerning the interpretation or the application of this Agreement shall be solved by the Joint Committee.
4. Under this Agreement, the competent authorities shall be:
- For the Latvian side - the Ministry of Transport of the Republic of Latvia.
- For Bosnian and Herzegovinian side - the Ministry of Communications and Transport of Bosnia and Herzegovina.
II PASSENGER TRANSPORT
1. Regular services operated between the territories of the Contracting Parties or in transit through them shall be approved jointly by their competent authority in advance. These regular services shall be established on reciprocity basis. Competent authority of the each Contracting Party shall issue the permits for the section of the itinerary operated in its territory.
2. Carriers must address applications for authorizations for regular services to the competent authority of their home country. If that competent authority approves the application, it forwards the said application to the competent authority of the host country along with a recommendation.
3. The authorization shall be used only by the carrier to whom it is issued and shall not be transferable. The authorization must be kept in the vehicle during the whole journey and must be produced at the request of any authorized control officials.
Occasional and shuttle services
Occasional and shuttle services are defined and shall be performed in accordance with the provisions of the Agreement on the International Occasional Carriage of Passengers by Coach and Bus (Interbus Agreement).
III GOODS TRANSPORT
Regime of permits
1. Carriers shall perform goods transport between the territories of the Contracting Parties, as well as to/from third countries, on the basis of permits granted by the competent authorities of the Contracting Parties. The transit transport of goods through the territory of the Host country shall be carried out without permits. The Joint Committee may agree on another regime of transport performance.
2. The permit shall be used only by the carrier to whom it is issued and shall not be transferable. The permit must be kept in the vehicle during the whole journey and must be produced at the request of any authorized control officials.
3. The competent authorities of both Contracting Parties shall annually exchange a jointly approved number of permits for goods transport.
Exemptions from permit requirements
1.The following categories of transport shall be exempted from permit requirements:
a) transport by vehicles whose Total Permissible Laden Weight (TPLW), including trailers, does not exceed 6 tonnes, or when the permitted payload, including trailers, does not exceed 3,5 tonnes;
b) transport on an occasional basis, to or from airports, in cases where services are diverted;
c) transport of vehicles which are damaged or have broken down and the transport of breakdown repair vehicles;
d) unladen runs by a vehicle sent to replace a vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that had broken down;
e) transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disasters and humanitarian aid;
f) transport of works and objects of art for fairs and exhibitions for non-commercial purposes;
g) transport for non-commercial purposes of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, fair or fetes, and those intended for radio recordings, or for film or television production;
h) funeral transport;
i) mail transports as public service;
j) first unladen run of newly purchased vehicles;
k) transport of household removal goods.
2. The Joint Committee is entitled to amend the list of transport categories exempted from the permit requirements set out in paragraph 1 of the present Article, and to agree upon documents to be carried on the board when performing the above mentioned transports.
IV OTHER PROVISIONS
Cabotage is prohibited, unless a special permit of the competent authority of the host country has been granted.
1. In the event that a carrier or the staff on board of a vehicle registered in one Contracting Party have not observed the legislation in force on the territory of the host country, or the provisions of this Agreement or the conditions mentioned in the permit, the competent authority of the home country could, at the demand of the competent authority of the host country, take the following measures:
a) to issue a warning for the carrier who committed the infringement;
b) to cancel or withdraw temporarily the permits allowing the carrier to perform transports in the territory of the Contracting Party where the infringement was committed.
2. The competent authority, which has adopted such a measure, shall notify the competent authority of the host country, which had proposed it.
3. The provisions of this Article shall not exclude the lawful sanctions which may be applied by the courts or administration authorities of the country where the infringement was committed.
4. The competent authorities of the Contracting Parties shall notify each other about taken measures.
1. The vehicles which are temporarily imported, during transport of passengers or goods under the present Agreement, into the territory of the host country in accordance with the customs and fiscal legislation in force in that territory on temporary basis shall be exempted from all the duties regarding vehicle ownership.
2. Lubricants and fuel contained in the standard tanks of the vehicles, as well as spare parts intended for the repair service of a damaged vehicle performing international transport, shall be exempted from all the import duties in the territory of the host country. Non-used spare parts as well as replaced old parts shall be exported or treated in accordance with customs regulations of the Host country.
3. When performing transport operations under this Agreement, the crew members are allowed to import temporarily duty-free and without requiring import license the reasonable quantity of personal effects, depending on the duration of their stay in the territory of the Host country.
When performing transport operations under this Agreement vehicles registered in the territory of one Contracting Party, shall be exempted, according to the reciprocity principle, from the taxes and charges levied on the circulation or possession of vehicles and from taxes and charges levied on transport operations carried out in the territory of the Host country. However, this exemption shall not apply to the payment of road tolls, road user charges or other similar charges which are not other or more burdensome than road tolls, road user charges or other similar charges and connected requirements to which the carriers of the Host country may be subjected.
Carriage of Dangerous or Perishable Goods
Vehicles carrying dangerous or perishable goods must be fitted out and equipped in accordance with the requirements of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) and Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to Be Used for Such Carriage (ATP).
Weights and dimensions
1. With respect to the weights and dimensions of vehicles, each Contracting Party undertakes not to impose on vehicles registered in the territory of the other Contracting Party conditions which are more restricted than those imposed on vehicles registered within its own territory.
2. If weights and dimensions of the vehicle with or without load used in transport operations exceed the maximum permissible limits being in force in the territory of the host country, a special permit issued by the competent authority of that country is needed.
The carrier should fully comply with the requirements specified in such permit.
The provisions of this Agreement shall not affect the rights or obligations of the two Contracting Parties contained in International Conventions, Agreements and Regulations which apply to them.
V FINAL PROVISIONS
Entry into force and duration
1. The Agreement shall come into force on the thirtieth day of the receipt of the last diplomatic Note by which the Contracting Parties notify each other that their respective constitutional requirements have been fulfilled.
2. The Contracting Parties, on the base of mutual agreement, can make changes and supplements to this Agreement, which will be legalised by separate Protocols. These Protocols become an integral part of this Agreement and will enter into force according to the paragraph 1 of the Article 15 of this Agreement.
3. In case any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall endeavour to settle it by negotiation.
4. This Agreement shall remain in force unless it is terminated through diplomatic channels by one of the Contracting Parties. In that case, the termination of the Agreement shall take effect six months after the other Contracting Party has been notified about it.
Done in two originals at Leipzig, on 22 May, 2013, each in the Latvian, Bosnian, Serbian, Croatian and English languages, each text being equally authentic. In case of divergence of interpretation, the English text shall prevail.
the Government of
the Republic of Latvia
the Council of Ministers of
Bosnia and Herzegovina
Minister of Transport
Minister of Communications and Transport