Saeima ir pieņēmusi un Valsts
Par Latvijas Republikas valdības un Maķedonijas Republikas valdības nolīgumu par starptautiskajiem pārvadājumiem ar autotransportu
1.pants. 2012.gada 27.aprīlī Rīgā parakstītais Latvijas Republikas valdības un Maķedonijas Republikas valdības 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 9.pantā paredzēto saistību izpildi attiecībā uz autopārvadājumu atļauju izmantošanas nosacījumu ievērošanu koordinē Iekšlietu ministrija.
3.pants. Nolīgums stājas spēkā tā 14.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 2012.gada 1.novembrī.
Valsts prezidenta vietā
Rīgā 2012.gada 13.novembrī
Latvijas Republikas valdības vārdā
Maķedonijas Republikas valdības vārdā
Transporta un komunikāciju ministrs
The Government of the Republic of Latvia and the Government of the Republic of Macedonia (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. 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 a trailer or a semi-trailer 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 the carrier who in his home country according to its national legislation is entitled to perform such operations, on hire and reward or on own account, 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 Contracting 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 the Macedonian side - the Ministry of Transport and Communications of the Republic of Macedonia.
II PASSENGER TRANSPORT
1. Regular services between the territories of the Contracting Parties or in transit through them shall be approved jointly by their competent authorities in advance. These regular services shall be established on reciprocity basis. The competent authority of 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.
4. The Joint Committee shall:
a) establish the conditions and requirements that must be fulfilled by the applications;
b) get the agreement of both sides of the Joint Committee before the terms stated on the applications for regular services could be modified.
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. The carriers shall perform goods transport operations between the territories of the Contracting Parties as well as in transit through the territory of the host country without permits.
2. If not otherwise provided for by the Joint Committee, carriers may perform goods transport operations between the territories of the host country and third countries only if they have previously obtained permits issued by the competent authority of the host country.
3. 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.
4. The competent authorities of both Contracting Parties shall annually exchange a jointly approved number of permits mentioned in paragraph 2 of this Article.
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 has 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 may, 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 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 was committed.
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, 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) or 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 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 this Article.
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.
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 27 of April, 2012 each in the Latvian, Macedonian and English languages, each text being equally authentic. In case of divergence of interpretation the English text shall prevail.
Government of the Republic
Government of the Republic
Minister of Transport
Minister of Transport and Communications