between the Republic of Latvia and the Kingdom of Spain on
international transport by road
The Republic of Latvia and
the Kingdom of Spain (hereinafter called "the Contracting
Parties") desiring to promote transport of passengers and goods
by motor vehicles between and in transit through the territories
of both countries, have agreed as follows:
I. GENERAL PROVISIONS
1. "Home country" means
the territory of the Contracting Party in which a vehicle is
2. "Host country" means
the territory of the Contracting Party in which a vehicle is
being used in transport operations but other than the vehicle's
country of registration.
3. "Carrier" means any
physical or legal person, who in either the Republic of Latvia or
the Kingdom of Spain, is authorized in accordance with the
relevant national laws and regulations to engage in the
international carriage of passengers or goods by road.
4. "Passenger motor
vehicle" means 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
5. "Commercial motor
vehicle" means any power driven road vehicle which is adapted and
normally used for goods transport. For the purposes of this
Agreement the term "commercial motor vehicle" also applies to any
trailer or semitrailer, coupled to any commercial road vehicle as
well as any combination of road vehicles. It should be registered
in the territory of one of the Contracting Parties.
1. A carrier who in his
home country according to its national legislation is entitled to
perform international road transport operations, on hire and
reward or on own account, may perform such operations to, from,
or in transit through the other country's territory on terms
specified in this Agreement.
2. Similarly, and subject
to the conditions laid down in this Agreement, transport
operations to and from third countries could be
Compliance with national
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.
1. The two Contracting
Parties shall establish a Joint Committee to review the
implementation and application of this Agreement.
2. This Joint Committee
shall meet at the request of either Contracting Party at meetings
that will be held alternately in the territories of the
3. Any issue concerning
the interpretation or the application of this Agreement shall be
solved by the Joint Committee.
II. PASSENGER TRANSPORT
All transport operations
by passenger motor vehicles between the territories of the
Contracting Parties and in transit through them, except those
specified in Article 7.2, must have the respective authorization
issued by the competent authority of the Host country.
Regular and shuttle services
1. Regular and shuttle
services between the territories of the Contracting Parties or in
transit through them shall be approved jointly by their competent
authorities in advance.
2. 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. These regular services
shall be established on reciprocity basis. Each competent
authority shall issue the permits for the section of the
itinerary operated in its territory.
3. Shuttle services are
services whereby, by means of repeated outward and return
journeys, groups of passengers assembled in advance are carried
from a single place of departure to a single place of
destination. These groups, made up of passengers who have
completed the outward journey, are carried back to the place of
departure in the course of the subsequent journey.
4. Carriers must address
applications for authorizations for regular and shuttle 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.
5. The Joint Committee
establish the conditions
and requirements that must be fulfilled by the
get the agreement of both
sides of the Joint Committee before the terms stated on the
applications for regular services could be modified;
define the concepts of
origin and destination place on shuttle services.
1. Occasional services
denote services falling neither within the definition of regular
service nor within the definition for shuttle service provided in
article 6 of this Agreement.
2. The following
occasional services carried out using vehicles registered in the
territory of one Contracting Party will not require any transport
permit in the territory of the Host country:
a) Round trip services,
i.e. services whereby the same vehicle is used to transport the
same group of passengers throughout the journey and to bring them
back to the same place of departure;
b) Services on which the
vehicle carries passengers during the outward journey, and is
empty during the return;
c) Transit transport
performed in services defined in indent a) or b).
3. Services included in
point 2 must have in their vehicles a properly completed waybill
containing the list of passengers, which has been signed by the
carrier and stamped by the competent custom
The waybill is completed
at the Home country and must be kept in the vehicle throughout
the journey for which it has been issued.
4. All other services not
mentioned within articles 6 and 7.2 are subject to a permit
issued by the competent Authorities in accordance with national
laws and regulations of the Host country.
The carrier is required to
properly complete the waybill and must produce it at the request
of any authorized inspecting officer.
III. GOODS TRANSPORT
Regime of permits
1. If not otherwise
provided for by the Joint Committee, carriers may, by virtue of
previously obtained permits issued by the competent authority of
the Host country, perform goods transport between the territories
of the Contracting Parties as well as in transit through
2. Carriers may perform
goods transport between the territories of the Host country and
third countries only if they have previously obtained special
permits issued by the competent authority of the Host
3. The permit shall be
used only by the carrier to whom it is issued and shall not be
The permit must be kept in
the vehicle at all times and must be produced at the request of
any authorized inspecting officer.
4. The competent
authorities of both Contracting Parties shall annually exchange a
jointly approved number of permits for goods
IV. OTHER PROVISIONS
Carriers cannot perform
cabotage transport in the territory of the Host
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 country where the vehicle is regstered
could, at the demand of the Competent Authority of the other
Contracting Party, take the following measures:
a) to issue a warning for
the carrier who committed the infringement;
b) to cancel or to
temporarily withdraw 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 it to 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 happened.
1. Vehicles which are
registered in the territory of one Contracting Party and are
temporarily imported into the territory of the other Contracting
Party to perform transport services in accordance with this
Agreement shall be exempt, according to the reciprocity
principle, from the levy of road use and traffic
2. However, this exemption
shall not apply to the payment of road tolls, bridge tolls and
other similar charges, which shall always be required on the
basis of the principle of non discrimination.
3. On the vehicles
mentioned in the paragraph 1 of this Article customs duties shall
be exempted on:
b) the fuel contained in
the ordinary supply tanks of the vehicles;
c) spare parts imported
into the territory of the other Contracting Party, intended for
the breakdown service of a vehicle. Replaced parts shall be
re-exported or destroyed.
dangerous goods internationally, carriers who are registered in
the territories of either of the two countries must comply with
the provisions of the European Agreement Concerning the
International Carriage of Dangerous Goods by road
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
2. If weights and
dimensions 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.
Both Contracting Parties
shall respect the provisions arising from any agreement concluded
with the European Community or stemming from the membership
thereof of any Contracting Party.
Entry into force and duration
1. This Agreement shall be
provisionally applied from the date of its signature and shall
come into force on the date of the last diplomatic Note by which
the Contracting Parties notify each other that their respective
constitutional requirements have been fulfilled.
2. 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
In witness whereof, the
undersigned being duly authorized thereto by their respective
Governments, have signed the present Agreement.
Done in two originals at
Riga, this 26 of June, 1995 each in the Latvian, Spanish and
English languages, each text being equally authentic. In case of
divergence of interpretation the English text shall
For the Republic of
For the Kingdom of Spain