15. pants

Nobeiguma noteikumi

(1) Šis Nolīgums stājas spēkā dienā, kad saņemts pēdējais

paziņojums pa diplomātiskajiem kanāliem, kas apliecina, ka abas

Līgumslēdzējas Puses ir izpildījušas nepieciešamos nosacījumus

saskaņā ar nacionālajiem normatīvajiem aktiem, lai tas stātos

spēkā.

(2) Šis Nolīgums var tikt grozīts, abām Līgumslēdzējām Pusēm

savstarpēji vienojoties. Šādi grozījumi stājas spēkā šī panta

1.punktā noteiktajā kārtībā.

(3) Jebkuru strīdu, kas rodas par šī Nolīguma interpretāciju

vai piemērošanu, Līgumslēdzējas Puses centīsies atrisināt sarunu

ceļā.

(4) Šis Nolīgums paliek spēkā nenoteiktu laiku, ja vien viena

no Līgumslēdzējām Pusēm pa diplomātiskiem kanāliem nav paziņojusi

par savu nodomu izbeigt tā darbību. Šajā gadījumā Nolīguma

darbība izbeidzas sešus mēnešus pēc tam, kad otrai Līgumslēdzējai

Pusei nosūtīta nota par tā darbības izbeigšanu.

To apliecinot, zemāk parakstījušies attiecīgo valdību

pilnvarotas personas ir parakstījuši šo Nolīgumu.

Parakstīts Ulanbatorā 2014.gada 12.jūnijā divos

oriģināleksemplāros, katrs latviešu, mongoļu un angļu valodā,

turklāt visi teksti ir autentiski. Atšķirīgas interpretācijas

gadījumā noteicošais ir Nolīguma teksts angļu valodā.

Latvijas Republikas

valdības vārdā

Ārlietu ministrs

Edgars Rinkēvičs

Mongolijas

valdības vārdā

Ceļu un transporta ministrs

Amarjargal Gansukh

AGREEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA

AND THE GOVERNMENT OF MONGOLIA

ON INTERNATIONAL TRANSPORT BY ROAD

The Government of the Republic of Latvia and the Government of

Mongolia (hereinafter referred as the "Contracting

Parties"),

- anxious to contribute to the development of trade and

economic relations between the two countries;

- determined to promote collaboration in road transport within

the framework of the market economics;

- recognizing the mutual interest and advantage of an

agreement on road transport

have agreed as follows:

I GENERAL

PROVISONS

Article 1

Scope

This Agreement applies to international road transport

operations performed by the carrier who in his home country

according to its national legislation is entitled to perform

international road transport operations, on hire and reward or on

own account, and may perform such operations to, from, or in

transit through the other country's territory.

Article 2

Definitions

1. The term "home country" means the territory of

the Contracting Parties in which the carrier is established and a

vehicle is registered.

2. The term "host country" means the territory of a

Contracting Party in which the carrier is operating without its

vehicle being registered there and without the carrier being

established there.

3. The term "carrier" means any natural or legal

person, established in the territories of the Contracting

Parties, and authorized in accordance with the relevant national

laws and regulations to engage in the international carriage 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,

either laden or unladen, which is registered in the territory of

either Contracting Party and adapted for goods transport. For the

purposes of this Agreement the term "vehicle" also

applies to any trailer or semi-trailer, coupled to any motor

vehicle disregarding the place of registration of trailer or

semi-trailer.

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 "shuttle services" means services

whereby, by means of repeated outward and return journeys, groups

of passengers assembled in advance are carried from a single

place of departure to a single place of destination.

Each group, consisting of the passengers who made the outward

journey, is carried back to the place of departure on a later

journey. Place of departure and destination mean respectively the

place where the journey begins and the place where the journey

ends, together with, in each case, the surrounding locality

within a 50 km radius. The first return journey and the last

outward journey in a series of shuttles are made unladen.

7. The term "occasional service" means a service

falling neither within the definition of a regular passengers

service nor within the definition of a shuttle service. The

frequency or number of services does not affect their

classification as occasional service.

8. The term "cabotage" means the transport of

passengers or goods between some points within the territory of

one Contracting Party carried out by a carrier of the other

Contracting Party.

Article 3

Joint Committee and Competent Authorities

1. For the application and implementation of the provisions of

this Agreement, the competent authorities of both Contracting

Parties establish a Joint Committee, which is formed from the

delegates designated by these authorities.

2. The 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. Under this Agreement, the competent authorities shall

be:

- For the Republic of Latvia: Ministry of Transport;

- For Mongolia: Ministry of Roads and Transportation.

II PASSENGER

TRANSPORT

Article 4

Regular and shuttle services

1. Regular and shuttle services operated between the

territories of the Contracting Parties or in transit through them

are subject to a system of permits issued by the competent

authority of the Contracting Parties.

2. Carriers must address applications for authorizations for

regular and shuttle 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.

3. The Joint Committee set up under Article 3 hereof decides

on the form of the application for authorizations and following

documents.

4. Regular services shall be established on reciprocity

basis.

Each competent authority shall issue the permits for the

period up to 5 (five) years for the section of the itinerary

operated on its territory.

Article 5

Occasional services

1. Occasional services operated between the territories of the

Contracting Parties or in transit through their territories are

subject to a system of permits previously issued by the competent

authority of the Contracting Parties.

2. As an exemption to paragraph 1 of this Article the

following occasional services will not require any transport

permit:

a) round trip services, i.e. services whereby the same vehicle

is used to transport the same group of passengers throughout the

journey and to bring them back to the same place of

departure;

b) services which make the outward journey laden and the

return journey unladen;

c) services which make the outward journey unladen and the

return journey laden, provided that passengers:

- constitute a group formed under a contract of carriage

entered into before their arrival in the territory of the

Contracting Party where they are picked up and carried to the

territory of the home country;

- have been previously brought by the same carrier into the

territory of the Contracting Party where they are picked up again

and carried into the territory of the home country;

- have been invited to the territory of the country of

establishment, the cost of transport being born by the person

issuing the invitation.

d) transit transport performed in services defined in indent

a), b) or c);

e) runs by bus or coach sent to replace a bus which has broken

down.

Article 6

Common provisions on transport of passengers

1. Permits for services mentioned within the paragraph 1 of

the Article 4 and the paragraph 1 of the Article 5 are personal

and are not transferable to other carrier.

2. The Joint Committee set up under Article 3 may add to the

list of services within the paragraph 2 of the Article 5 which

are excluded from the system of permits.

3. Services included in the paragraph 2 of the Article 5 and

in paragraph 2 of this Article must have in their vehicles a

properly completed waybill containing the list of passengers,

which has been signed by the carrier and stamped by the competent

control authorities. The waybill shall be completed at the Home

country and must be kept in the vehicle throughout the journey

for which it has been issued, and produced on the request of any

authorized control officials.

III GOODS

TRANSPORT

Article 7

Regime of permits

1. Carriers may, by virtue of previously obtained permits by

the Competent authority of the Host country, perform goods

transport between the territories of the Contracting Parties, as

well as to/from third countries, if not otherwise provided for by

the Joint Committee. The transit transport of goods through them

will be carried out without permits.

2. The permit can be used only by the carrier to whom it is

issued and is not transferable.

3. 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 Joint Committee set up under Article 3 determines type,

contigents, validity period for use of permits.

5. The competent authorities of both Contracting Parties shall

annually exchange a jointly approved number of permits for

occasional services and goods transport.

Article 8

Exemption from permit requirements

1. The following categories of transport shall be exempted

from permit requirements:

a) transport by vehicles whose total permissible laden weight,

including trailers, does not exceed 3,5 tonnes,

b) transport of vehicles which are damaged or have broken down

and the transport of breakdown repair vehicles;

c) 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;

d) transport of medical supplies and equipment needed for

emergencies, more particularly in response to natural disasters

and humanitarian aid;

e) transport of works and objects of art for fairs and

exhibitions for non-commercial purposes;

f) 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;

g) first unladen run of newly-purchased vehicles;

h) funeral transport;

i) transport of livestock in special purpose - built or

permanently converted vehicles for the transport of

livestock;

j) transport of spare parts and provisions for aircraft and

ocean-going ships.

2. The Joint Committee set up under Article 3 may add the list

of transport categories exempted from, the permit requirements

set out in paragraph 1 of this Article.

3. With regard to the transport referred to in paragraph 1 and

2 of this Article, the driver must keep all papers and documents

that clearly indicate that one of the above kinds of transport is

in case.

IV COMMON

PROVISIONS

Article 9

Cabotage

Carriers cannot perform cabotage transport in the territory of

the Host country, unless it is agreed otherwise.

Article 10

Obligations of carriers and penalties

1. Carriers and their staff must comply with national laws and

regulations in force in the territory of the Host country while

performing road transport within the host country's

territory.

2. In the event that a carrier or the staff on board of a

vehicle registered in one Contracting Party have not observed the

laws and regulations 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 transport in the territory of the Contracting

Party where the infringement was committed.

3. The Competent authority which has adopted such a measure

shall notify it to the Competent authority of the Host country

which had proposed it.

4. 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 11

Taxation

1. Passenger and goods vehicles registered in the country of

one of the Contracting Parties when entering the country of the

other Contracting Party in accordance with the customs and fiscal

legislation in force in that country on a temporary basis, shall

be exempted from all duties connected with the ownership of

vehicles, 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 this country. However, these

exemptions 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

country of that other Contracting Party may be subjected.

2. Lubricants and fuel contained in the standard tanks of the

vehicles registered in the country of one Contracting Party, 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 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.

Article 12

Insurance

Carriage of passengers and cargo can only be done on a vehicle

with driver fully insured for driver's civil liability. The

carrier shall also have prior insurance on all vehicles to be

operated on the territory of the other Contracting Party.

Article 13

Special conditions and requirements

1. In case weights and dimensions of the vehicle registered in

one Contracting Party to be used in transport operations with or

without load exceed the maximum permissible limits being in force

in the territory of the Host country or carrying dangerous goods,

a special permit issued by the competent authorities of that

country is needed.

2. The carrier should fully comply with the travel route, if

such route is specifically provided in the permit mentioned in

paragraph 1 of this Article.

Article 14

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.

Article 15

Final provisions

1. This Agreement shall come into force on the date of the

receipt of the last notification through diplomatic channels by

which the Contracting Parties notify each other that the

conditions required by their respective national legislation for

entry into force of the Agreement have been fulfilled.

2. This Agreement may be amended on the basis of mutual

agreement between the Contracting Parties. Such amendment shall

enter into force in accordance with the procedures stipulated in

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 Agreement shall be terminated 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 Ulaanbaatar, on June 12, 2014 each in

the Latvian, Mongolian and English languages, all texts being

equally authentic. In case of divergence of interpretation, the

English text shall prevail.

For the Government

of the Republic of Latvia

Minister of Foreign Affairs

Edgars Rinkēvičs

For the Government

of Mongolia

Minister of Roads and Transportation

Amarjargal Gansukh