Agreement between the Government of the Republic of Latvia

and the Government of the Republic of Cyprus on the

International Transport of Passengers and Goods by Road

The Government of the Republic of Latvia and the Government of the Republic of Cyprus, hereinafter called "the Contracting Parties",

desirous of promoting the carriage of passengers and goods by road vehicles between the two countries and in transit through their territories,

have agreed as follows:

I. GENERAL PROVISIONS

Article 1

Scope and application

The provisions of this Agreement shall apply to the international transport of passengers and goods by road vehicles, registered in either Contracting Party, between the territories of the Republic of Latvia and the Republic of Cyprus and in transit through them as well as to and from third countries.

Article 2

Definitions

For the purpose of this Agreement:

a) the term "carrier" shall mean a physical or legal person who, in either the Republic of Latvia or the Republic of Cyprus, is authorized in accordance with the national laws and regulations to be engaged in the international transport of passengers or goods by road for hire or reward or on his own account.

b) the term "vehicle" shall mean:

* in the carriage of passengers - any power-driven vehicle having more than eight seats in addition to that of the driver. This term covers also a trailer coupled to a passenger vehicle for the transport of passengers' luggage.

* in the carriage of goods - any power-driven vehicle that is constructed for use on the roads for the carriage of goods. This term covers also any trailer coupled to a goods vehicle and a semitrailer carried by a tractor irrespective of their place of registration.

Article 3

Competent authorities

1. The competent authorities for the implementation of this Agreement are:

* for the Republic of Latvia: the Ministry of Transport;

* for the Republic of Cyprus: the Ministry of Communications and Works.

2. In case any of the competent authorities mentioned in paragraph 1 of this Article is changed, the name of the new authority shall be notified to the other Contracting Party through diplomatic channels.

Article 4

Joint Committee

For the effective implementation of this Agreement and the discussion of any matter arising therefrom, a Joint Committee, composed of government officials and experts to be appointed by the competent authorities of the Contracting Parties, is established. The Joint Committee shall meet at the request of either competent authority, at a date convenient to both sides.

II. TRANSPORT OF PASSENGERS

Article 5

Licensing regime

All passenger transport operations between the two countries and in transit through their territories, except those specified in Article 7, are subject to the licensing regime.

Article 6

Regular services

1. "Regular service" shall mean the service which provides for the carriage of passengers of a specified frequency along specified routes, whereby passengers may be taken up and set down at predetermined stopping points.

2. Regular services between the two countries or in transit through their territories shall be approved jointly by the competent authorities of the Contracting Parties.

3. Each competent authority shall issue the license for that portion of the itinerary which is performed in its territory.

4. The competent authorities shall jointly determine the conditions of issue of the licence, namely its duration, the frequency of the transport operations and the timetable to be applied, as well as any other detail necessary for the smooth and efficient operation of the regular service.

5. The application for the license shall be addressed to the competent authority of the country of registration of the vehicle, which has the right to accept it or not. In case there is no objection thereto, the said competent authority shall communicate the fact to the competent authority of the other Contracting Party furnishing it with all necessary documents for approval or not.

6. The application shall be accompanied by documents containing the necessary details (proposed time-table and route, period during which the service is to be operated during the year and the date on which it is intended to begin the service). The competent authorities may require further details as they deem appropriate.

Article 7

Occasional services

1. The occasional carriage of passengers is not subject to licensing.

A transport service is considered occasional when the same persons are carried by the same vehicle either:

a) on a round trip starting and ending in the territory of the Contracting Party where the vehicle is registered, or

b) on a journey starting at a place in the territory of the Contracting Party where the vehicle is registered and ending at a destination in the territory of the other Contracting Party, provided that, save where otherwise authorized, the vehicle returns empty to the country of registration, or

c) on an empty journey to the territory of the other Contracting Party for taking passengers who have been carried under (b) above, back to the territory of the Contracting Party where the vehicle is registered, or

d) on a transit service of occasional character.

2. A document, the form of which shall be agreed upon by the Joint Committee, has to be prepared for each occasional transport operation. It shall be completed before starting a journey and confirmed by the organiser of the journey. This document shall be kept on board the vehicle and be always available for inspection.

III. TRANSPORT OF GOODS

Article 8

Licensing regime

1. Carriers authorised by either Contracting Party are allowed to carry out international transport of goods by road between the territories of the Contracting Parties or in transit through them, without any permit.

2. The undertaking of a transport operation by a carrier authorised by one Contracting Party from the territory of the other Contracting Party to and from any third country requires a permit granted by the competent authority of that other Contracting Party as follows:

a) a permit shall apply to one return journey only;

b) the number of permits to be exchanged shall be agreed by the Joint Committee;

c) the competent authorities of the Contracting Parties shall send each other annually the number of permits agreed in accordance with subparagraph (b) of this paragraph.

IV. OTHER PROVISIONS

Article 9

Cabotage

The undertaking of a transport operation by a carrier authorised by one Contracting Party between two points in the territory of the other Contracting Party is prohibited, unless a special licence is granted by the competent authority of that other Contracting Party.

Article 10

Weight and dimensions of the vehicles

1. As regards the weight and dimensions of the 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. Carriers of one Contracting Party shall be bound to comply with the laws and regulations of the other Contracting Party, as regards the weight and dimensions of vehicles, on entering the territory of that Contracting Party. In case the weight and/or dimensions of the vehicle used for transport exceed the maximum weight and/or dimensions permitted in the territory of the Contracting Party where the transport operation is to take place, the carrier has to obtain in advance a special licence from the competent authority of that Contracting Party.

Article 11

Taxes and charges

1. Vehicles, which are registered in the territory of one Contracting Party and temporarily brought into the territory of the other Contracting Party, shall be exempted from all taxes, fees and other charges levied on the circulation or the possession of the vehicles in the territory of the latter Contracting Party.

2. The exemptions under this Article shall not apply to road tolls and value added taxes nor to customs and excise duties on fuel consumption of the motor vehicles, except the fuel being in the ordinary fuel tanks of the entering motor vehicles.

Article 12

Import of spare parts for vehicle repair

Spare parts required for the repair of a vehicle already brought into the territory of one Contracting Party shall be admitted temporarily, under a temporary importation title, without payment of import duties and other taxes and free of import prohibitions and restrictions. Replaced parts shall be re-exported or destroyed under customs control and supervision.

Article 13

National legislation

For all matters which are not regulated by the provisions of this Agreement or those of international conventions or agreements to which the two countries are parties, carriers and drivers of one Contracting Party shall comply with the laws and regulations of the other Contracting Party, while in the territory of the latter.

Article 14

Infringement of the Agreement

1. If a carrier of one Contracting Party, while in the territory of the other, infringes any provision of this Agreement, the competent authority of the Contracting Party in whose territory the infringement was committed, may, without prejudice to any legal action that may be taken in its territory, inform the first Contracting Party of the circumstances of the infringement. The competent authority of the Contracting Party in whose territory the infringement occurred may request the competent authority of the other Contracting Party:

a) to issue a warning to the carrier concerned with notice that any subsequent infringement may lead to a refusal of entry of his vehicles in its territory, in accordance with its national legislation, for such a period as may be specified by the competent authority of that other Contracting Party, or

b) to notify the said carrier that the entry of his vehicles in its territory has been prohibited temporarily or permanently in accordance with its legislation.

2. The competent authority of the Contracting Party which receives any such request from the competent authority of the other Contracting Party, shall comply therewith and shall, as soon as possible, inform the competent authority of that other Contracting Party of the action taken.

Article 15

Amendments

Any amendment to this Agreement shall be agreed upon in writing between the Contracting Parties and shall enter into force in accordance with the procedure described in Article 16.

Article 16

Entry into force and validity

1. This Agreement shall enter into force on the 30th day after the receipt of the latter of the two notifications signifying the approval of the Agreement in accordance with the constitutional procedures of the Contracting Parties.

2. This Agreement is concluded for an unlimited period and it may be denounced by either Contracting Party by giving a written notice to the other Contracting Party through diplomatic channels. The denunciation will enter into force six months after the date such a notice is received.

DONE in Nicosia on 15th December, 2000 in duplicate in the Latvian, Greek and English languages, all texts being equally authentic. In case of divergence in interpreting the Agreement, the English text shall prevail.

 

For the Government of the Republic of Latvia: Anatolijs Gorbunovs Minister of Transport

For the Government of the Republic of Cyprus: Averof Neophytou, Minister of Communications and Works