AGREEMENT
between the Government of the Republic of Latvia and the
Government of the Republic of Macedonia on International
Transport by Road
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
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 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.
Article 2
Scope
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.
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 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
Article 5
Regular Services
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.
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. 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
Article 8
Cabotage
Cabotage is prohibited, unless a special permit of the
competent authority of the host country has been granted.
Article 9
Infringements
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.
Article 10
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,
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 11
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).
Article 12
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 13
International Obligations
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
Article 14
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.
For the
Government of the Republic
of Latvia |
For the
Government of the Republic
of Macedonia |
Minister of Transport
Aivis Ronis
|
Minister of Transport and Communications
Mile Janakieski
|