Agreement between the Government of the Republic of Latvia and the Government of Ireland on the International Carriage of Passengers and Goods by Road

The Government of the Republic of Latvia and the Government of Ireland (hereinafter referred to as the Contracting Parties),

Desiring to facilitate the international carriage of passengers and goods by road between and in transit through their countries,

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement:

1. The term "carrier" shall mean any natural of legal person who in either Ireland or the Republic of Latvia, performs international carriage of passengers or goods by road for hire or reward or on his own-account, in accordance with the relevant national laws and regulations.

2. The term "vehicle" shall mean

(a) in the carriage of passengers - a coach, i.e. any mechanically propelled road vehicle, which is constructed or adapted for the carriage of more than nine persons, including the driver, and may also include a trailer for carrying passengers" baggage,

(b) in the carriage of goods - any mechanically propelled road vehicle, which is constructed or adapted for the transport of goods and registered in the territory of either Contracting Party and may include any trailer or semi-trailer.

3. The term "regular passenger transport" means carriage carried out by coaches registered in the territories of the Contracting Parties according to a previously agreed timetable, tariffs and route, where the initial and terminal points and any intermediate stopping points for embarking or disembarking of passengers are designated.

4. The term "non-regular passenger transport" means all other passenger transport.

5. The "competent authorities" shall be: -

(a) in the Republic of Latvia the Ministry of Transport of the Republic of Latvia as well as any other institution authorised by it;

(b) in Ireland the Minister for Transport, Energy and Communications or any authority appointed by him.

For the purposes of Article 13 of this Agreement the "appropriate competent authority" in Ireland shall be, in relation to a public road in the County Boroughs of Dublin, Cork, Galway, Limerick or Waterford, the Corporation of the County Borough in which the road is situated or, in relation to any other public road, the Council of the County in which the road is situated.

Article 2

Scope

1. The provisions of this Agreement shall apply to the international carriage of passengers or goods by road for hire or reward or on own-account between the territories of Ireland and the Republic of Latvia, in transit through them or to or from third countries.

2. The provisions of this Agreement shall not affect the rights or obligations of the two countries contained in International Conventions, Agreements and Regulations which already apply to them.

The transportation of passengers

Article 3

1. Regular transportation of passengers by coach shall be authorised by agreement between the competent authorities of the Contracting Parties.

2. Proposals for the authorisation of such transportation shall be passed to each other by the competent authorities of the Contracting Parties in good time. Those proposals must contain data concerning the name of the carrier (the firm), routes to be taken, movement timetables, tariffs, stopping points at which the carrier shall embark and disembark passengers and also the intended period and frequency of carrying out the transportation.

Article 4

1. The operation of non-regular transportation of passengers by coach between the territories of both Contracting Parties or in transit through their territories with the exception of the transport operations envisaged in Article 5 of this Agreement, shall require permits issued by the competent authorities of the Contracting Parties. A carrier of one Contracting Party shall apply in advance to the competent authority of the other Contracting Party for such permits.

2. The competent authorities of the Contracting Parties shall issue permits for the route which passes through their territory.

3. For each non-regular transportation of passengers by coach a separate permit must be issued which confers the right to make one journey outward and return, unless otherwise stipulated in that permit. The driver must also have a passenger waybill, the form of which is agreed upon by the Joint Committee mentioned in Article 11 of this Agreement.

Article 5

1. Permits shall not be required for non-regular transportation of passengers if the same group of passengers is carried on the same coach throughout the journey:

(a) if the journey begins and ends on the territory of the Contracting Party, where the vehicle is registered; or

(b) if the journey begins on the territory of the Contracting Party where the vehicle is registered and ends on the territory of the other Contracting Party, provided that the vehicle leaves the latter territory empty.

2. A permit shall not be required for the replacement of a faulty coach by another coach.

Goods transport

Article 6

Authorised Carriage of Goods

Subject to Article 13 of this Agreement, a carrier of one Contracting Party shall be permitted, without being required to obtain a permit or other authorisation for that purpose in accordance with the laws of the other Contracting Party, to import an empty or laden goods vehicle temporarily into the territory of the other Contracting Party for the purpose of the carriage of goods, including return loads:

(a) between any point in the territory of one Contracting Party and any point in the territory of the other Contracting Party;

(b) in transit across the territory of the other Contracting Party; and

(c) between any point in the territory of the other Contracting Party, and any point in the territory of a third country, insofar as the laws and regulations of the third country allow such operations and insofar as it is in conformity with the provisions of any relevant Agreement between the Contracting Party where the vehicle is registered and the third country.

General provisions

Article 7

Prohibition of Cabotage

Nothing in this Agreement shall be held to permit a carrier of one Contracting Party to pick up passengers or goods at any point in the territory of the other Contracting Party for delivery at any other point in that territory, except by agreement between the competent authorities of the Contracting Parties.

Article 8

Compliance with Laws and Regulations

Carriers of either Contracting Party and the crews of their vehicles shall, while in the territory of the other Contracting Party, comply with the laws and regulations in force in the territory of that Contracting Party and, in particular, with those concerning transport (including transport of dangerous goods).

Article 9

Inspection of Documents

Necessary documents required in accordance with this Agreement shall be carried on the vehicles to which they relate and shall be produced on demand to any authority of either Contracting Party who is dully authorised to demand them.

Article 10

Fiscal Provisions

1. Vehicles which are: -

(a) registered and currently taxed in one country; and

(b) are temporarily imported into the territory of the other country, in accordance with terms of this Agreement

shall be exempted from the taxes and charges levied on the circulation or possession of vehicles or on the use of roads in that country.

2. The following items shall be exempt from customs taxes and duties: -

(a) fuel held in the standard fuel tanks of vehicles (as supplied by the manufacturer) at the time of importation into the territory of the other Contracting Party;

(b) fuel held in the tanks of trailers and semi-trailers (as supplied by the manufacturers) used for the cooling systems of refrigerators;

(c) lubricants in quantities required for use during the journey;

(d) spare parts and tools required for the repair of a vehicle which has broken-down while performing an international road transport operation. The spare parts which are replaced should be re-exported or destroyed under the control of the competent customs authority of the other Contracting Party.

3. The exemptions in this Article shall not apply to tolls which are payable for the use of particular roads, bridges or tunnels.

Article 11

Joint Committee

1. Representatives of the competent authorities shall form a Joint Committee to ensure the satisfactory implementation of the Agreement and its adaptation to developments in traffic. The Joint Committee shall meet at the request of either competent authority of the Contracting Parties.

2. Each competent authority shall provide the other with any relevant information which can be made available concerning the manner in which traffic covered by the Agreement has developed.

Article 12

Infringements

1. In the event of any infringement of the provisions of this Agreement by a vehicle or driver of one Contracting Party when in the territory of the other Contracting Party, the competent authority of the Contracting Party in whose territory the infringement occurred may (without prejudice to any lawful sanctions which the courts or enforcement authorities of that Contracting Party may apply) request the competent authority of the other Contracting Party to:

(a) issue a warning to that carrier;

(b) issue such warning together with a notification that subsequent infringement will lead to a temporary or permanent exclusion of vehicles owned or operated by that carrier from the territory of the Contracting Party in which the infringement occurred; or

(c) issue a notice of such exclusion.

2. The competent authority receiving any such request shall, within ninety days, comply herewith and shall as soon as possible inform the competent authority of the other Contracting Party of the action taken.

Article 13

Weights and Dimensions of Vehicles

1. In relation 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 restrictive than those imposed on vehicles registered in its own territory.

2. If the weights or dimensions of the vehicle or combination of vehicles performing transport operations exceed the permissible maxima in the other Contracting Party, a special authorisation must be obtained from the appropriate competent authority in that country before the carriage is undertaken.

3. Where an authorisation issued for operations described in paragraph 2 of this Article specifies that the transport operation follows a particular itinerary, the operation may only be carried out within this itinerary.

Article 14

Entry into force and Duration

1. Each Contracting Party shall notify the other through diplomatic channels when the measures necessary for giving effect to the Agreement in this country have been taken. The Agreement shall enter into force on the thirtieth day after the receipt of the later of those notifications.

2. The Agreement shall remain in force until either Contracting Party gives through diplomatic channels six months notice of its termination.

Done at Vienna this 8 day of June, 1995 in two originals, in Latvian and English languages, each text being equally authentic.

In case of any divergence of interpretation, the English text shall prevail.

For the Government of the Republic of Latvia

For the Government of Ireland