15. pants

Nobeiguma noteikumi

(1) Šis Nolīgums pagaidu kārtībā tiek piemērots no tā

parakstīšanas dienas. Nolīgums stājas spēkā datumā, kad pa

diplomātiskajiem kanāliem ir saņemts pēdējais paziņojums, ar kuru

Līgumslēdzējas Puses informē viena otru, ka ir izpildītas

nacionālajos normatīvajos aktos noteiktās prasības, lai Nolīgums

stātos spēkā.

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

savstarpēji vienojoties. Šādi grozījumi stājas spēkā šī panta

pirmajā daļā 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 diplomātiskajiem 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.

Parakstīts Dublinā, 2012.gada 6.decembrī divos

oriģināleksemplāros, katrs latviešu, melnkalniešu un angļu

valodā, turklāt visi teksti ir autentiski. Atšķirīgas

interpretācijas gadījumā noteicošais ir Nolīguma teksts angļu

valodā.

Latvijas Republikas

valdības vārdā:

Latvijas Republikas ārlietu

ministrs

Edgars Rinkēvičs

Melnkalnes

valdības vārdā:

Melnkalnes premjerministra

vietnieks

un ārlietu un Eiropas integrācijas ministrs

Igors Lukšičs

Agreement

between the Government of the Republic of Latvia

and the Government of Montenegro

on international transport by road

The Government of the Republic of Latvia and the Government of

Montenegro (hereinafter called "the Contracting

Parties"):

- anxious to contribute to the development of trade and

economic relations between their countries;

- determined to promote collaboration in road transport within

the framework of the market economics;

- aiming towards the development of transport

intermodality;

- 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 "transport" means the operations of a

vehicle, either laden or unladen, actually the operation of

unladen vehicle including the transport of vehicles by train or

boat for a part of the journey.

4. 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.

5. 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 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

as well as to the combination of road vehicles.

6. 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.

7. 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.

8. 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.

9. 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. 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. Under this Agreement, the Competent authorities shall

be:

- For the Republic of Latvia, the Ministry of Transport

- For Montenegro, Ministry of Transport and Maritime Affairs

and Directorate for Transport

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 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 determins 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 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

(TPLW), including trailers, does not exceed 6 tonnes, or when the

permitted payload, 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

provisions 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

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 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. 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 12

Equipment and Other Characteristics

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 13

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 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. The Agreement shall be provisionally applied from the date

of its signature. The 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.

Done in two originals at Dublin, on December 6, 2012, each in

the Latvian, Montenegrin 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:

Minister of Foreign

Affairs

of the Republic of Latvia

Edgars Rinkevics

For the Government

of Montenegro:

Deputy Prime Minister

and Minister for Foreign Affairs

and European Integration of Montenegro

Igor Luksic