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AGREEMENT
betweenthe Government of the Republic of Latvia
and the Government of the Republic of Bulgaria relating to international transport by road

The Government of the Republic of Latvia and the Government of the Republic of Bulgaria (hereinafter referred to as the Contracting Parties), desiring to promote in the interest of their economic and commercial relations transport of passengers and goods by motor vehicles between and in transit across their territories,

have agreed as follows:

 

I. GENERAL PROVISIONS

Article 1

1. "Home country" shall mean the territory of the Contracting Party in which a vehicle is registered.

 

2. "Host country" shall mean the territory of the Contracting Party in which a vehicle is being used in transport operations but other than the vehicle"s country of registration.

 

3. "Passenger motor vehicle" shall mean any power driven road vehicle which is adapted for carriage of passengers and has more than nine seats, including the driver's seat.

 

4. "Freight motor vehicle" shall mean any power driven road vehicle which is adapted and normally used for goods transport. For the purposes of this Agreement the term "freight motor vehicle" shall also apply to any trailer or semitrailer, coupled to any freight road vehicle as well as any combination of road vehicles.

 

5. "A carrier" shall mean any physical or juridical person who, in his home country according its national legislation is entitled to perform international road transport operations and may perform such operations to, from or in transit through the other country's territory on terms specified in this agreement.

 

6. "Cabotage" shall mean transport of passengers or goods between two points in the territory of the host country.

 

 

II. PASSENGER TRANSPORT

Article 2

1. The term "regular service" shall mean passenger transport along routes according to schedules and tariffs drawn up and adopted in advance and whereby passengers may enter or exit the vehicle at predetermined stops.

 

2. "Shuttle services" are services whereby, by means of repeated outward and return journeys, groups of passengers assembled in advance are carried from a single area of departure to a single area of destination. These groups, made up of passengers who have completed the outward journey, are carried back to the place of departure in the course of the subsequent journey, provided that the first return journey and the last outward journey is carried out without passengers.

 

3. A transport service is considered irregular (occasional or tourist) when the same passengers are transported by the same passenger motor vehicle either:

 

a) on a round trip beginning and intending to end in the vehicle"s home country, or

 

b) on a journey beginning in the vehicle"s home country and ending at a destination in the territory of the host country provided that the vehicle returns empty to its home country, or

 

c) on a transit service.

 

 

Article 3

1. All transport operations by passenger motor vehicles between the territories of the Contracting Parties and in transit through them except occasional tourist transport operations must have the respective authorization issued by the competent authority of the other Contracting Party. Authorizations are issued in writing by competent authorities of that country in whose territory the transport operation is to be carried out.

 

2. For irregular transport operations a passenger waybill, completed in full, shall be carried in the vehicle.

 

3. Regular and shuttle services between the territories of the Contracting Parties or in transit through them shall be approved jointly by their competent authorities in advance.

 

4. Carriers must address applications for authorization 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.

 

 

III. GOODS TRANSPORT

Article 4

1. In order to perform goods transport by road between the territories of the Contracting Parties or in transit through them, as well as to/from the third countries except for those cases as specified in Article 5, authorizations issued by the competent authorities of the host country are required.

 

2. The number and types of the authorizations shall be determined by the Joint Committee on an annual basis.

3. The competent authorities of both Contracting Parties shall annually exchange a jointly approved number of authorizations.

 

 

Article 5

1. Transports that does not require authorizations:

 

a) the carriage of goods in motor vehicles the permissible payload of which including that of trailers does not exceed 3,5 tons or permissible overall laden weight of which, including that of trailers, does not exceed 6 tons;

 

b) personal belonging in the context of a household removal;

 

c) carriage of animals, technical facilities and accessories, sport equipment for sporting events;

 

d) theater scenery and accessories, and music instruments intended for performing acts;

 

e) material and items meant for fairs and exhibitions;

 

f) equipment for broadcasting or professional sound recording for making professional films or TV equipment;

 

g) carriage of vehicles which have suffered damage or breakdown including replacement of the damaged vehicle for further transportation of the cargo when all necessary documents in relation to the accident have been duly obtained;

 

h) funeral transport;

 

i) purchased vehicles during their first journey unladen;

 

j) carriage of mail as a public service;

 

k) carriage of medical goods and equipment or another goods necessary in case of emergency and in particular in cases of natural disaster.

 

2. No authorizations shall be required for carriage of goods as specified in Article 5, paragraph 1, (c) through (e) provided that animals are exported on a temporary basis.

 

IV. OTHER PROVISIONS

Article 6

1. Carriers must comply with national laws and regulations in force in the territory of the host country.

 

2. In case of any accident the carrier performing transport shall inform the respective competent authorities of the host country in whose territory the accident happened, as well as the competent authorities in the home country about it in due time.

 

3. If the carrier registered in one of the two countries infringes upon the provisions of this Agreement while performing transport in the territory of the other country the competent authorities of this country may impose sanctions according to the national laws being in force in that territory. The Contracting Parties agree upon that the respective competent authorities shall inform each other about sanctions imposed.

 

Article 7

Carriers shall not perform cabotage transport in the territory of the host country unless a special authorization is granted by the competent authority of this country.

 

Article 8

1. When transporting dangerous goods, carriers who are registered in the territories of either of the two countries must comply with the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).

2. If weight and dimensions used in transport operations exceed maximum permissible limits being in force in the territory of the host country a special authorization is required to be issued by the competent authority of the country.

 

Article 9

1. Vehicles registered in one of the Contacting Parties and carrying out international transport operations in the territory of the host country shall pay taxes and charges in accordance with legislation of that country.

2. Vehicles registered in one of the Contacting Parties and performing transport operations in the territory of the host country with authorizations within the mutually agreed quota shall be exempted from taxes and payments levied on transport operations in the territory of that country.

3. The fuel contained in the normal tanks of the vehicles as well as the lubricants contained in the vehicle for the sole purpose of their operation shall be mutually exempted from the custom duties and any payments when crossing the borders of the host country.

4. Spare parts belonging to one of the Contracting Parties and imported to the host country for the repair of damaged vehicles in the territory of that country shall be exempted from custom duties and taxes.

 

 

Article 10

The two Contracting Parties shall establish a Joint Committee to review the implementation and application of this Agreement. In this connection, the Joint Committee shall meet as mutually agreed by the competent authorities of the Contracting Parties, and during such meetings a Protocol shall have to be drawn up.

 

Article 11

According to this Agreement the competent authorities shall be the following:

for the Republic of Latvia: Ministry of Transport;

for the Republic of Bulgaria: Ministry of Transport.

 

Article 12

1. The Contracting Parties have agreed that this Agreement shall be applied on a temporary basis before its ratification as from the date of its signature.

 

2. This Agreement shall remain in force for a period of one year. Thefeafter it shall be automatically extended for each consecutive period of one year, unless either of the Contracting Parties notifies in writing the other Contracting Party, not later than three months before the end of the respective period, about its intention to denounce the Agreement.

 

3. The Agreement is to be ratified according to the constitutional requirements of the Contracting Parties and shall come into force on the 30th day after receipt of the notes by which the Contracting Parties mutually inform each other that the Agreement has been ratified.

 

Done in two duplicates at Brussels this 28 day of September, 1995 each in the Latvian, Bulgarian and English languages each text being equally authentic. In case of divergence of interpretation the English text shall prevail.

 

For the Government For the Government

of the Republic of Latvia of the Republic of Bulgaria