Ez a törvény a Magyarország és Mongólia Kormánya közötti nemzetközi közúti személyszállításról és árufuvarozásról szóló megállapodást hirdeti ki, lehetővé téve a két ország közötti, valamint tranzitforgalomban történő közúti szállítás szabályozását és javítását.
Hungary and the Government
Mongolia on the international transport
passengers and goods by road The Government
Hungary and the Government
Mongolia (hereinafter referred to as „the Contracting Parties”), Desiring to regulate and improve the transport
passengers and goods by road between the two countries and the transit traffic 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 vehicle registered in territory
state
one
the Contracting Parties between the two countries or 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. The present 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 the scope
this Agreement:
passengers and/or goods by road for own account or for remuneration in accordance with the relevant national legislation
Hungary and Mongolia;
passengers, with more than nine seats including the driver’s seat;
goods and special equipment by road (consisting
one or more vehicles);
either Contracting Party carries to the state territory
the other Contracting Party from the territory
a third state where the referred carrier is not registered, or when a carrier registered in the state territory
the other Contracting Party carries from the state territory
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 state territory
one Contracting Party between the departure and destination points located in the state territory
the other Contracting Party;
passengers by bus across the state territory
the other Contracting Party without embarking and disembarking
passengers; (6.2) transport
goods by motor vehicle across the state territory
the other Contracting Party without loading and unloading
goods;
passengers” means transport
passengers by bus 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 with the exclusion
other passengers;
passengers” means transport
passengers carried out on the basis
the contract concluded with the customer and not falling within the definition
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 the permits for passenger transport between the States for the part
the route located in their own territories. The competent authorities
the Contracting Parties shall, in line with the relevant national legislation, jointly define the validity period
the permit and approve the timetable, route and applicable fares.
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 seat
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 travel conditions.
passengers in the state territory
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 state territory
the Contracting Party registrating the bus to the state territory
the other Contracting Party and the bus returns empty.
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 state territory
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 special purpose shall be subject to permit. Permit shall be issued by the competent authorities
the Contracting Parties for the part
the route located 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 (sixty) days prior to the launch date
the run.
passengers with special purpose shall include the data listed 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 state territory
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 state territories
the Contracting Parties or in transit through those territories, as well as carriages to/from third countries shall be subject to permit issued by the competent authorities
the Contracting Parties.
goods by a motor vehicle with trailer, permit shall be required only for the motor vehicle.
this Article can be issued:
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 other Contracting Party and shall be presented upon the call
the competent authority.
the next year. Article 7
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 the 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 state territory
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 state territories
the Contracting Parties. Article 8
the Contracting Parties undertake not to impose regulations on vehicles with permit for transport
goods in the state territory
the other Contracting Party, which are less favorable than those imposed on vehicles permitted to perform transportations in the territory
their own state.
the vehicle or its freight exceed the permissible maximum in the state territory
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 state territory
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 state territory
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 state territory
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 other Contracting Party the carrier shall present, upon the request
the competent authority, the document certifying the validity
the third party liability insurance providing coverage
damage caused to other parties.
lack in the bus or motor vehicle
the document mentioned in paragraph
this Article, the carrier, when entering the state territory
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 state territory
one
the Contracting Parties by the motor vehicles registered in the state territory
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
Mongolia the following items are exempt 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 for the repair
the motor vehicle or bus carrying out international transport covered by this Agreement and damaged on the way, which are imported temporarily into the state territory
Mongolia according to the document certified by the customs
fice
entry.
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 the 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 exemptions and concessions with respect to customs duties and charges, import and export restrictions and exemptions from prohibitions in accordance with the customs legislation in force
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 exempt from value added tax (VAT) pursuant to the VAT legislation in force
the European Union when entering the territory
Hungary.
Hungary, necessary to repair a Mongolian 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 the 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
the „Convention between the Republic
Hungary and Mongolia for the avoidance
double taxation and the prevention
fiscal evasion with respect to taxes on income and on capital” signed on 13 September, 1994, in Ulaanbaatar. Article 13 Cabotage is prohibited. 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
persons 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 conservations rules. Article 16
this Agreement the competent authorities are: – for the Government
Hungary – the Ministry responsible for transport and other relevant authorities responsible for road transport, – for the Government
Mongolia – the Ministry
Road and Transport Development and other authorities designated by the Ministry.
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
the Contracting Parties.
this Agreement shall be resolved in writing, through diplomatic channels. Additions and amendments to this Agreement may be made by mutual consent
the Contracting Parties. Such additions and amendments shall be made in form
separate Protocols being an integral part
this Agreement and shall enter into force in accordance with the provisions defined in Article 18
this Agreement. Article 18
time.
receipt
the later written notification, through diplomatic channels, by which the Contracting Parties notify each other, confirming that their respective internal procedures required for the entry into force
this Agreement have been completed.
its intentions to terminate this Agreement. The termination
the Agreement shall take effect 12 (twelve) months after the receiving
such notification. Done in Budapest on 21 November 2018., in two original copies each in Hungarian, Mongolian and English languages, all texts being equally authentic. In case
divergence in interpretation, the English text shall prevail.” 4. §
MI-magyarázat a hivatalos jogszabályszöveg alapján. Tájékoztató jellegű, nem helyettesíti a jogi tanácsadást.