Ez a törvény a Magyarország és az Azerbajdzsáni Köztársaság közötti nemzetközi közúti személyszállításról és árufuvarozásról szóló megállapodást hirdeti ki, szabályozva a két ország közötti, valamint tranzitforgalomban történő szállításokat. Célja a viszonosság, együttműködés és kölcsönös érdekek alapján történő szabályozás és javítás.
Hungary and the Government
the Republic
Azerbaijan on the international transport
passengers and goods by road The Government
Hungary and the Government
the Republic
Azerbaijan, hereinafter referred to as “the Contracting Parties”, Desiring to regulate and improve the transport
passengers, goods and transit transport by road between the two countries based on reciprocity, cooperation and mutual interests, have agreed as follows: I. INTRODUCTORY PROVISIONS Article 1
passengers by bus registered in territory
state
one
the Contracting Parties and to the international transport
goods by other vehicle registered in territory
state
one
the Contracting Parties between the two countries, as transit traffic crossing the respective territory
the Contracting Parties or as traffic destined or departed to/from a third country.
the Contracting Parties arising from other international treaties. This Agreement shall in no way prejudice to the obligations
Hungary as a Member State
the European Union. Consequently, the provisions
this Agreement shall not be applied or interpreted, neither in whole nor in part in such a way as to invalidate, amend or otherwise affect the obligations
Hungary arising from the Treaty
Accession to the European Union, the Treaties on which the European Union is founded as well as from the primary and secondary law
the European Union. Article 2 Under this Agreement:
passengers and/or goods by road vehicles for own account or chargeable in accordance with the relevant legislation
Hungary and the Republic
Azerbaijan;
passengers with more than nine seats including the driver’s seat;
goods and special equipment by road (consisting
one or more vehicles);
the state
one
the Contracting Parties carries to the territory
the state
the other Contracting Party from the territory
a third state where the referred carrier is not registered or when a carrier registered in the territory
the state
the other Contracting Party carries from the territory
the state
either Contracting Party to a third state where the referred carrier is not registered;
passengers or goods performed by bus or motor vehicle registered in the territory
the state
one
the Contracting Parties between the departure and destination points located on the territory
the state
the other Contracting Party;
the state
one
the Contracting Parties in transit with the motor vehicle registered in the territory
the state
the other Contracting Party in accordance with laws and regulations in force in the states
the Contracting Parties and rights and obligations indicated in the international treaties to which the states
the Contracting Parties are parties;
passengers” means transport
passengers in accordance with specified timetables (intervals) and on specified routes by predetermining the start and end times
the work, pick-up and drop-
f points and tariffs;
passengers with special purpose” means transport by bus
passengers listed according to the purpose
the travel and to given timetables with the exclusion
other passengers;
passengers” means passenger transportations carried out on the basis
the contract concluded with the customer and not falling within the definition
the regular transport
passengers or regular transport
passengers with special purpose. II. TRANSPORT
PASSENGERS Article 3
passengers by bus shall be subject to permit.
the Contracting Parties shall issue permit for passenger transport between the States for the part
the route located in the territory
their states. The competent authorities
the Contracting Parties shall, in line with the relevant national legislation, jointly define the validity period
permit and approve the timetable, route and relevant tariffs.
this Article shall be submitted to the competent authority
the other Contracting Party through the competent authority
the Contracting Party where the carrier is seated.
this Article shall include the following data: (4.1) first and second name
the applicant carrier or name and location
the carrier company, (4.2) type
transport, (4.3) validity period
the permit, (4.4) operation period and the envisaged frequency
runs, (4.5) exact route, stops (stops for embarking and disembarking
passengers, resting places, border crossing points), (4.6) route length in kilometers: to the destination and back, (4.7) route length per day, (4.8) driving and resting time
drivers, (4.9) timetable
buses, (4.10) fares for passenger transport (tariff tables) and conditions.
passengers in the territory
the state
the Contracting Parties shall be issued by the competent authority
the Contracting Party whose territory is used for the transit transport.
passengers shall include the data listed in subparagraphs (4.1), (4.2), (4.3), (4.5) and (4.9)
paragraph
this Article, as well as the copy
permits from the States covered by the transport.
a bus replacing a broken bus while performing regular transport
passengers. Article 4
passengers shall not be subject to permit in the following cases: (1.1) transit transport, (1.2) transport between the territories
the Contracting Parties, (1.2.1) closed-door services when the same bus carries the same group
passengers (tourist, excursion and cultural events) from the departure point located in the territory
the State
registration
the bus to the destination point located in the territory
the other Contracting Party while the personal setup
passengers does not change during the journey, (1.2.2) transport
passengers when the group
passengers with unchanged personal setup is carried from the territory
the state
the Contracting Party registration the bus to the state territory
the other Contracting Party and empty return
the bus.
a bus replacing a broken bus while performing one
the transport
passengers included in paragraph
this Article.
irregular lines mentioned in paragraph
this Article a list
passengers shall be required each time, which is to be continuously kept in the bus and stamped by the relevant competent authority at the time
entry to the territory
the state
the other Contracting Party, except for an entry to the territory
Hungary from the territory
any
the Member States
the European Union.
the Contracting Parties shall be required for other irregular passenger transportations. Article 5
passengers with a special purpose shall be subject to permit. Permit shall be issued by the competent authorities
the Contracting Parties for the part
the route on the territory
their states.
passengers with special purpose shall be submitted to the competent authority
the other Contracting Party through the competent authority
the Contracting Party where the carrier is located. Application shall be submitted at least 60 days prior to the launch date
the run.
passengers with special purpose shall include the information provided for in subparagraphs (4.1)–(4.9)
paragraph
this Agreement.
passengers with special purpose the carrier shall prepare a list
passengers, which is to be continuously kept in the bus and stamped by the relevant competent authority at the time
entry to the territory
the state
the other Contracting Party, except for an entry to the territory
Hungary from the territory
any
the Member States
the European Union. III. TRANSPORT
GOODS Article 6
goods between the territories
the states
the Contracting Parties or in transit through those territories, as well as carriages to/from the third countries shall be subject to permit issued by the competent authorities
the Contracting Parties.
goods by a motor vehicle with trailer, the permit shall be required only for the motor vehicle.
this Article can be issued: a) by paying the state duty (in Hungary: the vehicle tax, in the Republic
Azerbaijan: the state duty) or b) without paying the state duty (in Hungary: the vehicle tax, in the Republic
Azerbaijan: the state duty).
the Contracting Parties define the type and number
the permits provided for in paragraph
this Article as well as the order
their issue and term
use through the Joint Working Group established according to Article 16
this Agreement.
the state
the Contracting Party and presented upon the call
the competent authority.
the next year. Article 7
Azerbaijan: the state duty) in the territories
the state
the Contracting Parties: (1.1) transport
objects for publicity or educational purposes (e.g. to be presented at fairs or exhibitions), (1.2) carriage
equipment and accessories, as well as animals for theatrical, musical or film purposes, sporting events, circuses, exhibitions or fairs or for making
radio or television broadcasts or films, (1.3) return transport
damaged or broken down motor vehicles, the run
breakdown repair vehicles, (1.4) transport
mortal remains in sepulchral urns or coffins, (1.5) carriage
humanitarian consignments, medical supplies, (1.6) carriage
movable property for resettlement, (1.7) transport
mails, (1.8) transport
objects and works
art, (1.9) transports
baggage in the trailers
buses carrying passengers, (1.10) first empty run in transit
the buses or motor vehicles purchased abroad for the carriers registered in the territory
the state
either
the Contracting Parties.
paragraph
this Article the first empty run
the motor vehicle before or after these transports can be performed without permit in the territories
the state
the Contracting Parties. Article 8
the Contracting Parties undertake not to impose regulations on vehicles with permit for transport
goods in the territory
the state
the other Contracting Party, which are less favorable than those imposed on vehicles permitted to perform transportations in the territory
its own state.
the vehicle or its freight exceed the permissible maximum in the territory
the state
the other Contracting Party, special authorization must be obtained from the competent authority
the latter Contracting Party before the carriage is undertaken.
dangerous goods in the territory
the state
the other Contracting Party requires, if necessary, a special permit issued by the competent authority
the same Contracting Party based on national legislation.
this Article, the competent authority may introduce transport limitations or may order the use
a predefined transport route and road border crossing point. IV. GENERAL PROVISIONS Article 9
the Contracting Parties during the transport
passengers or goods in the territory
the state
the other Contracting Party shall undertake the obligation to comply with the relevant national legislation
that other Contracting Party.
the provisions
this Agreement or the national legislation
the other Contracting Party be violated by the carrier registered in the territory
the state
either Contracting Party, the competent authority
the Contracting Party where the violation took place, besides conducting its own legal proceedings, informs the competent authority
the Contracting Party in the state territory
which the carrier is registered, which shall take the necessary steps that are provided by its own national legislation.
the Contracting Parties shall inform each other about sanctions taken by them in accordance with paragraph
this Article. Article 10
the state
the other Contracting Party the carrier shall present the document certifying the validity
the third party liability insurance providing coverage
damage caused to other party upon the request
the competent authority.
the lack
the document in the bus or motor vehicle mentioned in paragraph
this Article the carrier, when entering the territory
the state
the other Contracting Party, shall ensure third party liability insurance according to the national legislation in force. Article 11 Within the scope
this Agreement, during goods and passenger transportations performed in the territory
the state
one
the Contracting Parties by the motor vehicles registered in the territory
the state
the other Contracting Party, all duties and charges imposed for the use and ownership
the motor vehicle, as well as the use
motorways and their maintenance shall be charged in accordance with the national legislation
the receiving country. Article 12
the Republic
Azerbaijan the following items are exempted from taxes, duties, customs duties and charges as well as from export and import restrictions and prohibitions: (1.1) fuel held in the built-in tank designed by the manufacturer for the specific model
the motor vehicle or bus and fuel in the fuel tank
the refrigeration system
the motor vehicle or bus; (1.2) spare parts and tools intended to repair
the motor vehicle or bus carrying out international transport covered by this Agreement and damaged on the way and imported temporarily in the territory
the Republic
Azerbaijan according to the document certified by the customs
fice
the receiving state.
paragraph
this Article tools and non-used or replaced spare parts indicated in subparagraph (1.2) shall be returned to the territory
the state
registration
the vehicle or bus or shall be destroyed at carrier’s expenses under the supervision
the customs authority or be placed under the relevant customs procedure provided by the national legislation.
this Agreement, concerning the transportations covered by this Agreement, Hungary grants equivalent exemptions and concessions with respect to customs duties and charges, import and export restrictions and exemptions from prohibitions in accordance with the customs legislation
the European Union and based on the procedures and rules set therein.
this Agreement, during the transportations covered by this Agreement, the goods mentioned in subparagraphs (1.1) and (1.2)
paragraph
this Article shall be exempted from value added tax (VAT) pursuant to the VAT legislation in force
the European Union when entering the territory
Hungary.
Hungary, necessary to repair an Azerbaijani motor vehicle or bus carrying out international transport covered by this Agreement and damaged on the way in the territory
Hungary, as well as the replaced spare parts shall be exported or shall be destroyed at carrier’s expenses under the supervision
the customs authority.
carriers conducting international carriages mentioned in this Agreement shall be regulated in accordance with the provisions
“Convention between the Government
the Republic
Hungary and the Government
the Republic
Azerbaijan for the avoidance
double taxation and the prevention
fiscal evasion with respect to income taxes and on capital” signed on 18 February, 2008, in Budapest. Article 13 Carriers cannot perform cabotage. Article 14 With regard to border and customs control, as well as supervision
compliance with veterinary, phytosanitary, epidemic, environment and nature conservation rules, the Contracting Parties shall apply their own national legislation and the provisions
those international treaties to which they are parties. Article 15 In case
carriage
seriously injured persons, regular transport
people by bus and transport
perishable or dangerous goods, the competent border control bodies and other control authorities shall implement out
turn border and customs control at the state border, as well as supervision
compliance with veterinary, phytosanitary, epidemic, environment and nature conservation rules. Article 16
this Agreement the competent authorities are: – for the Government
Hungary – Ministry responsible for transport and other relevant authorities responsible for road transport, – for the Government
the Republic
Azerbaijan – the Ministry
Transport, Communications and High Technologies.
this Agreement the Contracting Parties shall set up a Joint Working Group consisting
the representatives
the competent authorities.
the Contracting Parties are entitled to invite other experts to participate at the sessions
the Joint Working Group.
either Contracting Party, alternately in the territories
the states
one
the Contracting Parties in turn.
the Contracting Parties. Such additions and amendments shall be made in a form
separate Protocols being an integral part
this Agreement and shall enter into force in accordance with the provisions
rules defined in Article 18
this Agreement. Article 18
time.
receipt by Parties
the last written notification through diplomatic channels confirming the completion
their respective internal procedures required for the entry into force
this Agreement.
its intentions to terminate this Agreement. The termination
the Agreement shall take effect twelve months after the receiving
such notification. Done in Vienna on
divergence in interpretation, the English text shall prevail.” 4. §
MI-magyarázat a hivatalos jogszabályszöveg alapján. Tájékoztató jellegű, nem helyettesíti a jogi tanácsadást.