AGREEMENT
between the Government of the Republic of Latvia
and
the Council of Ministers of Bosnia and Herzegovina
on international transport by road
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
Article 1
Definitions
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.
Article 2
Scope
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.
Article 3
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.
Article 4
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
Article 5
Regular
services
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.
Article 6
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
Article 7
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.
Article 8
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
Article 9
Cabotage
Cabotage is prohibited, unless a special permit of the
competent authority of the host country has been granted.
Article 10
Infringements
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.
Article 11
Taxation
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.
Article 12
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).
Article 13
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.
Article 14
International
obligations
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
Article 15
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.
For
the Government of
the Republic of Latvia |
For
the Council of Ministers of
Bosnia and Herzegovina |
Minister of Transport
Anrijs Matīss |
Minister of Communications and Transport
Damir Hadžić |