CONFÉRENCE EUROPÉENNE DES MINISTRES DES TRANSPORTS
EUROPEAN CONFERENCE OF MINISTERS OF TRANSPORTRECOMMENDATIONFRAMEWORK FOR BILATERAL AGREEMENTS IN ROAD TRANSPORT[CEMT/CM(97)21 - CM(97)21/ADD1]

COVER NOTE
One of the main conclusions of the seminar organised by the ECMT in Paris on 16-17
March 1995 on the integration of central and eastern operators in European transport markets was thatmarkets in Europe, particularly road transport markets, were highly fragmented for various reasons.
Although there was a certain degree of standardisation and approximation of transport law in theEuropean Union, ECMT Member countries still had a variety of different interpretations andapproaches.
This situation was not without serious problems both for operators and the authorities,
problems that tended to worsen with growing trade and tourism.
The experts are therefore highly in favour of moving away from the current system ofnumerous bilateral agreements towards multilateralism, common standards and qualitative criteria
instead of quantitative restrictions.
In the shift towards multilateralism, which has been under way for a very long time now, theinstitutionalisation of relations has assumed considerable importance over the traditional "relational"
approach.
Pending further moves in this direction, the system of bilateral agreements between
European countries continues to be the main means of regulating transport relations in general androad transport relations in particular. This applies especially to non-Members of the European Unionor the European Economic Area and to relations between EU/EEA States, on the one hand and theso-called third countries, the Central and Eastern European countries, on the other hand.
The Central and Eastern European States have signed either association, co-operation or
partnership agreements with the European Union, committing them to bring their legislation into linewith Community law and making provisions for subsequent either sector agreements, or transit
agreements to tackle the most pressing matters first -- and the European Commission has justobtained another mandate from the Council to negotiate a transit agreement. However, it is alreadyapparent that a universal, multilateral system embracing all European countries will not be set up
overnight but will be a long-term project.
Bilateral agreements will thus continue to play a large role -- and for a while to come yet -in moulding and shaping European road transport relations.

This prompted the ECMT seminar participants to propose, in their conclusions, an attempt
to harmonise bilateral agreements as far as possible by offering ECMT Member countries a model
agreement containing definitions, rules, principles, standards and criteria, based primarily on ECMT
resolutions and European Union law.
A model agreement such as this, which would obviously be optional, would neverthelessplay a key role in approximating the international law formed by bilateral agreements. The process ofdeveloping autonomous national law in the newly-created states may even benefit discussions andwork on the formulation of common definitions and concepts.
At its meeting in Vienna on 7-8 June 1995, the ECMT Council of Ministers took up theseminar's suggestion, adopting a resolution on access to the European transport markets which
recommended, inter alia, that "since bilateral arrangements will continue to exist in road transport -at least among the Central and Eastern European countries -- principles for bilateral agreements
should be drawn up, taking account of European Union competencies, and harmonisation throughcommon rules included in future bilateral agreements be speeded up".
The Committee of Deputies proposes therefore that Ministers adopt the following Draft
Recommendation presenting a Model agreement and a commentary on it.

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RECOMMENDATIONThe Council of Ministers of the ECMT, meeting in Berlin on 21 and 22 April 1997;
HAVING REGARD to the Consolidated Resolution on Road Goods Transport adopted on 26 and
27 May 1994;
HAVING REGARD to the Resolution on International Passenger Transport by Buses and Coaches
adopted on 7 and 8 June 1995;
HAVING REGARD to the Resolution on Access to the European Transport Markets adopted on 7
and 8 June 1995;
HAVING REGARD in particular to the recommendation in the latter Resolution to draw up
principles for bilateral agreements -- taking account of European Union competencies -- and to speed
up harmonisation through common rules included in future bilateral agreements;
CONSIDERING that the implementation of this recommendation must be seen against thebackground of the conclusions of the Pan-European Transport Conference of 14-16 March 1994
recommending the application of social market economy principles, free and fair competition andmutual advantage;
CONSIDERING also that implementation implies adopting standards, criteria and definitions which,in accordance with the conclusions of the Crete Conference, are compatible and consistent with thepatrimony of the European Union and the European Economic Area and with the results of theharmonisation efforts of the European Conference of Ministers of Transport and the United Nations
Economic Commission for Europe;
CONSIDERING further that the European Association Agreements between the European Unionand the Central and Eastern European States commit the Associated States to seeking to approximate
their laws to bring them progressively into line with Community law in the fields of competition,technical standards and regulations, transport and the environment, inter alia;
CONSIDERING that the Co-operation Agreements also accord importance to collaboration in thetransport field;
CONSIDERING that the resolutions, conclusions and principles adopted by the UN, Pan-European
Conferences and the ECMT should be incorporated into the binding law governing relations between
European States, either by concluding or amending multilateral and bilateral agreements or byamending national law;
CONSIDERING that bilateral agreements are an important source of international law;
CONSIDERING that the adoption of an optional model agreement for negotiations to conclude
bilateral agreements and amend existing agreements, without prejudice to the modifications anddeletions required to take into account the powers and jurisdiction of the European Union, is likely toachieve, if not standardisation, at least approximation of the law in the field of bilateral agreements;
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CONSIDERING that the compilation of a list of bilateral law and the mutual exchange of
information by Member countries could also contribute to achieving the desired result;
RECOMMENDS that ECMT Member countries:-- adopt the model agreement appended hereto as a possible frame of reference forbilateral agreements on road transport;
INSTRUCTS the Committee of Deputies to monitor application of the present Recommendation andto take all necessary steps to compile a list of the law governing bilateral relations between Member
countries with a view to achieving a very high degree of approximation and consistency in this field.
A coordinated action with ECE/UN which collects on a regular basis the text of agreements signed
and the date of entry into force, would be required for this purpose (cf. document
TRANS/SC1/R.187).

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EXPLANATORY NOTE ON THE MODEL AGREEMENT

General considerations
International law contains no principle that guarantees foreign transport operators the
freedom of transport on national territories. A non-resident transport operator is not permitted tocarry out any transport services on a State's territory without the agreement of the competentauthorities of that State.
As international economic and trade relations grew, the authorities therefore needed to agree
a framework of rules for resolving the problems posed in their trade and relations.
Hence the conclusion of numerous bilateral agreements that were virtually all different.
Bilateral interstate agreements, supplemented by agreements and arrangements at
subordinate or business levels, are one of the most importance sources of law in the field ofinternational road transport.
Although multilateral agreements have either replaced or supplemented bilateral agreementsin specific sectors, and although co-operation relations between States have, especially since theSecond World War, largely been institutionalised through the gathering momentum of historicalchange, there is still a need for bilateral agreements, even between European Union Member States.
However, in these latter relations, a large part of the substance of bilateral agreements has beenabsorbed into community law.
As a result of the political and economic upheavals which have occurred in Europe since
1989, the breaking up of whole states reforming into different independent states and theintensification or restoration of relations between East and West, there is a need for collaboration
founded on bilateral and multilateral agreements. The purpose of such agreements is to pave the way
for positive and harmonious development of economic relations and, hence, transport.
These agreements should also aim towards the protection of the environment and of the
population. In this respect emphasis should be made on the promotion of high technical standards forthe vehicles and of environmental friendly transport modes.
Furthermore, the intermodal aspect should be stressed. Provisions to cover this aspectshould be added to the frame attached, whenever possible and according to the specificities of thecontracting parties.

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The principle underlying the agreements needs to be that of the equality and sovereignty ofStates, established in the Charter of the United Nations, along with mutual advantage and interest.
Foreword
The preamble to the draft model agreement is based on the above ideas, amongst others.
The contracting parties are taken as being the governments in the proposed model, but there
is nothing to prevent States from entering into the agreement at another level if that is customary andif another approach is necessary or desirable due to constitutional or statutory provisions and thepower structure.
General provisions
All road transport relations are included in the model's scope, even though liberalisation
initially only applies to some relations.
The main advantage of a model agreement lies in promoting common and standard
concepts. ECMT Member countries are still entirely free to enter into separate agreements for goods
and for passengers, if this seems to be a better course of action, or to enter into agreements limited inscope to some fields only because they have transferred some powers to international bodies. Hence
European Union Member States can no longer enter into bilateral commitments in fields which comeunder Community jurisdiction, whether an agreement has already been signed at this level, or amandate issued.
The definitions pose particular difficulty. There are currently as many different definitions
as there are bilateral agreements. Definitions often vary according to the purpose and scope of the
document.
The definitions have generally been taken from previous ECMT Resolutions and from
Community law. Anything intended more to define scope rather than clarify the concept has been
omitted.

Passenger transport
The passenger transport section of the model agreement broadly reflects the current degreeof liberalisation -- achieved through bilateral agreements and the ASOR -- and uses the same wordingin parts as Regulation (EEC) n°684/92. With regard to shuttle services, it is proposed to class someas regular services and some as occasional services in line with European Union initiatives to reform
Regulation n° 684/92. This also has the virtue of simplification.

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It is fitting to include so-called hired vehicles in this chapter, that is vehicles holding lessthan 10 seats. The area of small vehicles is not yet part of European Union regulations.
Goods transportThis part is mainly based on the ECMT Consolidated Resolution on Road Goods Transport
adopted at Annecy on 26 and 27 May 1994.
There were no reservations on the Consolidated Resolution and so the degree ofliberalisation proposed in Article 7 is effectively just implementing the commitments made by the
Ministers of Transport at Annecy.
Rather than burdening the agreement with detail on permits and the conditions andpracticalities of their issue, it was thought better to leave that to the joint committee, which will
include ad hoc provisions in a possible implementation protocol. Indeed, if the agreement has to beapproved by the national parliaments, which will be the case in many countries, its subsequent
modification on non-substantive points of detail may pose problems. It is also proposed to make theagreement a living document to a certain extent and this would be impossible if the contracting
parties were not left a degree of room to manoeuvre.
Common provisions
In addition to the usual provisions found in bilateral agreements, this section introduces theprinciple of a link between the degree of liberalisation and compliance with minimum safety andenvironmental standards. This concern has been expressed on numerous occasions by the Ministersof Transport, including in the Vienna Resolution of 7 and 8 June 1995 on international passenger
transport by buses and coaches.
It will be the responsibility of the joint committee to handle quota introduction and increases
and the responsibility of the competent authorities to make passenger transport permits dependent onenvironmental criteria which could be applied gradually and, if necessary, asymmetrically to allow
for the fact that certain countries are lagging behind in this area.

Final provisions
The final provisions concern entry into force and length of the Agreement, repeal of lapsed
agreements, ratification, etc. These primarily formal provisions will be drafted in the light of thelegal and statutory framework of the two contracting parties.

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Adoption of the model agreement1
It is proposed to adopt the model agreement by a Recommendation of the ECMT Council of
Ministers recommending that Member countries use this text when negotiating future bilateralagreements and amending existing agreements in order to achieve a certain standard approach and to
approximate the law in European countries. Mutual information may also play a part in theapproximation process. Hence the proposal that the ECMT establish a list of Member countries'
bilateral agreements that is open to everyone.

1

A Declaration of Austria is reproduced in Annex.

8DRAFT MODEL BILATERAL AGREEMENT BETWEEN ECMT MEMBER COUNTRIESON ROAD TRANSPORT

Agreement
between the Government of____________________________________________________________________________________________________________________________________________________and the Government of__________________________________________________________________
on Road Passenger and Goods Transport.

Contents
Preamble
Section I : General provisions
Article 1
Article 2-

Scope
Definitions

Section II : Passenger transport
Article 3
Article 4
Article 5-

Regular and similar services
Occasional and similar services
Common provisions for passenger services

Section III : Goods transport
Article 6
Article 7
Article 8-

Permit system
Exemption from permit requirements
Permit procedure

Section IV : Common provisions
Article 9
Tax provisions
Article 10
Weights and dimensions
Article 11
Equipment and other characteristics
Article 12
Controls
Article 13
Obligations of transport operators and penalties
Article 14
Collaboration and joint committee
Section V : Final provisions
Article 15
Article 16-

Entry into force and duration
Repeals

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The Government of__________________________________________________________________________________________________________________________________________________________and the Government of_______________________________________________________________________________________________________________________________________________________

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 economy;
Concerned about environment and people protection, the rational use of energy, road safety and theimprovement of drivers' working conditions;
Aiming towards the development of transport intermodality;
Taking into account the resolutions and principles adopted within the framework of the United
Nations Economic Commission for Europe, the European Conference of Ministers of Transport(ECMT), the Pan-European Conferences and agreements between the European Union and third
countries;
Recognising the mutual advantage and interest of an agreement on road transport;
Has agreed and decided as follows:Part I. - General provisions
Article 1. - [Scope][1]

The present agreement applies to road transport by transport operators established on the
territory of a Contracting Party by means of vehicles registered on that territory with thepoints of departure and destination in the said territory and involving transit through that
territory and through the territory of the other Contracting Party.

[2]

The present Agreement does not affect the rights and obligations arising from the otherinternational commitments of the two parties, nor does it affect European Union law or theagreements between the European Union and non-Member States.

Article 2. - [Definitions]
In this Agreement:"Transport Operator" means any natural person, any legal person, any association or group of
persons without legal personality, or any official body whether having its own legal personality or
being dependent upon an authority having such personality-- profit-making or not-- authorised by the competent authority to transport passengers or goods by roadinternationally:

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a]

exercising the occupation of operator engaged in the activity of transport, as governed by
specific national legislation regulating access to the occupation of transport operator;b]

exercising the occupation of operator on own account engaged in the activity of transport asan ancillary activity to the activities of its enterprise or association.

"Vehicle" means a motor vehicle:-- on its own or a combination of vehicles;-- intended for the carriage of passengers or goods by road,-- at the disposal of the transport operator through being its own property or through ahiring or leasing contract.
"Registration" means the allocation of an identification number to the vehicle by a competentauthority. In the case of a combination of vehicles, the motor vehicle is the determining factor inpermit issue or exemption, even if the carrier vehicle is not registered under the same name or isregistered or authorised to operate in another country.
"Transport" means the runs by a vehicle, either laden or unladen even if the vehicle, trailer orsemi-trailer is carried by train or boat for part of the journey.
"Cabotage" means the transport operations on the territory of the Contracting Party, the host country,with the loading and unloading points being located on that territory, of a transport operator
established on the territory of the other Contracting Party. The unladen runs of a vehicle within aterritory between two international transport operations and the initial or terminal national legs of aninternational combined transport operation are not considered to be cabotage.
"Transport on own account" means transport:-- using vehicles owned by the operator or which it has hired under a long-term contract orleased and which are driven by employees of the enterprise of a member of theassociation;-- which is only an ancillary activity in the context of all the other activities of theenterprise or association;-- either of goods which are the property of the enterprise or association or have been sold,bought, let out on hire or hired, produced, extracted, processed or repaired by theundertaking, the purpose of the transport being to carry the goods to or from theenterprise or to move them for its own requirements;-- or of employees of the enterprise or members of a non profit-making association forwhom the transport is part of its social or welfare activities.
"Combined transport" means the transport of goods whereby the lorry, trailer, semi-trailer, swap bodyor container, with or without tractor, use the road for the initial or terminal leg of the journey, whichis as short as possible, and travel by rail, waterway or sea for the major part of the journey.
"Territory of a Contracting Party" means respectively the territory of _______________ and theterritory of ____________"Country of establishment" means the territory of a Contracting Party within which the transport
operator is established and the vehicle registered.

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"Host country" means the territory of a Contracting Party in which the vehicle is operating without
being registered there and without the transport operator being established there.
"Bus" and "Coach" mean vehicles which are purpose built and designed for the transport of persons
which has, in addition to the driver’s seat, more than eight sitting places.
"Hire car" means a vehicle which is built and designed to carry up to nine people and their luggage,including the driver, and is used for paid transport for account of a third party.
"Regular passenger service" means a service which carries passengers over a specified route,according to a timetable and for which set fares are charged. Passengers are picked up or set down at
predetermined stopping points and the service is accessible to everyone notwithstanding, in somecases, the need to book.
The term "regular passenger service" also includes a service that fulfils most of the above criteria andwhich operates as such.
In particular, it includes a service which carries specified categories of passengers to the exclusion ofother passengers. This service is called a "special regular service". The service as a regular service is
not affected by the fact that the transport is organised to suit the varying needs of the users.
"Shuttle service" means a service whereby, by means of repeated outward and return journeys,previously formed groups of passengers are carried from a single place of departure to a single
destination. Each group, consisting of the passengers who made the outward journey, is carried backto the place of departure on a later journey. Place of departure and destination respectively mean theplace where the journey begins and the place where the journey ends, together with, in each case, thesurrounding locality within a 50 km radius.
The first return journey and the last outward journey in a series of shuttles are made unladen.
The service as a shuttle service is not affected by the fact that some passengers make the return
journey with another group, nor by the fact that the first outward journey and the last return journey
are made unladen. This type of shuttle service is called "reversed shuttle".
A shuttle service which provides accommodation for at least 80 per cent of passengers at its
destination and, if need be, on the journey, with or without meals, is called a "shuttle withaccommodation".
"Occasional service" means a service falling neither within the definition of a regular passenger
service nor within the definition of a shuttle service. The frequency or number of services does notaffect their classification as an occasional service.
"Control document" means the waybill for buses and coaches, conforming to the specimen laid downin ECMT Resolutions and, where so provided for by this Agreement or the conclusions of the jointcommittee referred to in Article 14, the technical environmental and safety report referred to in thesame Resolutions.

Part II - Passenger transport
Article 3. - [Regular and similar services]

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[1]

Regular services and shuttle services without accommodation operated by bus or coach andby hire vehicle are subject to a system of permits issued by the competent authority in the
country of departure, destination or transit.

[2]

The permit application should be made to the competent authority in the country of
establishment of the transport operator. If the authority approves the application, the permit
is communicated to the competent authority of the other Contracting Party.
The joint committee set up under Article 14 hereof decides on the form that the permit
application takes and the supporting documents required.

[3]

Permits are issued by joint agreement by the competent authorities of the Contracting
Parties. The joint committee set up under Article 14 may decide that the permit issued by
the country of establishment is also valid as a transit permit and determine the terms andconditions of this liberalisation.
The decision to grant or refuse a permit is taken within a period of three months unless there
are special circumstances.
Permits are valid for a maximum of five years. They set out the operating conditions,
including environmental and safety standards, which vehicles must meet.

[4]

Changes in operating conditions and the cancellation of the service are decided under theprocedure set out in paragraphs [2] and [3].
If there is no longer any demand for the service, the operator can cancel it giving three
weeks notice to the competent authorities which issued the permit and to customers.

[5]

If a service is being operated on a pool or sub-contracted basis $, only one permit is issued
to the lead firm but with as many copies as there are operators. The permit mentions thenames of the pool members and sub-contractors.

Article 4 - [Occasional or similar services][1]

The occasional services and the shuttle services with accommodation operated by bus orcoach and by hire vehicle are subject to a system of permits issued by the competentauthority in the country of departure, destination or transit.

[2]

As an exception to paragraph [1], the services listed below are exempt from any permit
system on the territory of the host country:
2.1 closed-door tours whereby the same vehicle is used to carry the same group ofpassengers throughout the journey and to bring them back to the place of departure;
2.2 services which make the outward journey laden and the return journey unladen;
2.3 services which make the outward journey unladen and the return journey laden,
provided that passengers:a] constitute a group formed under a contract of carriage entered into before theirarrival in the territory of the Contracting Party where they picked up and carried tothe territory of the country of establishment;13

b] have been previously brought by the same carrier into the territory of theContracting Party where they are picked up again and carried into the territory of thecountry of establishment;c] have been invited to travel into the territory of the country of establishment, the costof transport being borne by the person issuing the invitation.
2.4 Services on own account.
2.5 Transport in hire vehicles.
A single passenger travelling in a hire vehicle is considered the same as a group ofpassengers.
[3]

The picking up of passengers on a liberalised service journey is not permitted unless special
authorisation is granted.
The joint committee set up under Article 14 hereof may extend the permit exemption toother categories of occasional services, in particular to services where passengers are picked
up on the journey and to other cat. C sub 2.3 services. In such a case, the joint committee
lays down the conditions for that liberalisation, having regard inter alia to Article 11 para. 3.

[4]

The permit application should be made to the competent authority in the host country.
The joint committee set up under Article 14 hereof decides on the form that the permit
application takes and the supporting documents required.
The decision to grant or refuse a permit is taken within a period of one month unless there
are special circumstances.

[5]

The occasional services and shuttles with accommodation exempted from permit
requirements and operated using buses or coaches must be covered by a control document.
The conditions of use and the content of the control document are laid down by the jointcommittee referred to in Article 14 hereof.

Article 5 - [Provisions common to passenger services][1]

Transport permits are personal and are not transferable to other transport operators.

[2]

The running of cabotage services is prohibited. Local trips organised solely for a group ofpassengers brought to that location by the same transport operator are not deemed to becabotage services provided that they are entered on the waybill.

Part III - Goods transport
Article 6 -[Permit system][1]

Transport operators established on the territory of a Contracting Party may, under thesystem of prior authorisation by permit, undertake on the territory of the other Contracting
Party:a] transport between the territories of the two Contracting Parties;

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b] transport between a point on the territory of the other Contracting Party and a point on
the territory of a third State, providing that the journey includes the country of
establishment2. This restriction does not apply to unladen runs;c] transit transport.
[2]

Cabotage is only permitted with the special authorisation of the host country.

Article 7 - [Exemption from permit requirements][1]

As an exception to Article 6, the following categories of transport are exempted from permit
requirements:
1] 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.
2] Transport on an occasional basis, to or from airports, in cases where services arediverted.
3] Transport of vehicles which are damaged or have broken down and the transport ofbreakdown repair vehicles.
4] Unladen runs by a goods vehicle sent to replace a vehicle which has broken down inanother country, and also the return run, after repair, of the vehicle that had broken
down.
5] Transport of livestock in special purpose-built or permanently converted vehicles for thetransport of livestock, and are recognised as such by the competent authorities in the
country of establishment.
6] Transport of spare parts and provisions for ocean-going ships and aircraft.
7] Transport of medical supplies and equipment needed for emergencies, more particularly
in response to natural disasters and humanitarian needs.
8] Transport of works and objects of art for fairs and exhibitions or for non-commercial
purposes.
9] Transport for non-commercial purposes of properties, accessories and animals to orfrom theatrical, musical, film, sports or circus performances, fairs or fetes, and thoseintended for radio recordings, or for film or television production.
10] Transport on own account.
11] Funeral transport.
12] The initial and terminal legs -- international and national --, by road of combinedtransport, providing, respectively, that the appropriate freight loading and unloading
station closest to the point of loading or unloading of the freight is used or that the river2

In some cases -- peripheral countries, small territories -- this restriction virtually equates to aprohibition. In that case, a separate quota is preferable, without the transit restriction.

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or sea port of loading or unloading is located within 150 km of the point of loading or
unloading of the freight.
13]

3

[2]

Transport of perishable goods is subject to a quota-free permit system.

[3]

The Joint Committee referred to in Article 14 hereof may add to the list of transport
categories exempted from the permit requirements set out in paragraph [1] and remove thequotas from categories other than the one specified in para. [2].

[4]Removals carried out by enterprises with special staff and equipment for this purpose aresubject to a special quota-free permit system, the form and condition of use of which aredecided by the European Conference of Ministers of Transport.

Article 8 - [Permit conditions][1]

The competent authorities of the two Contracting Parties exchange an agreed number ofblank permit forms every year.
Permits are issued to resident transport operators by the competent authority or by a bodydesignated by the said authority.

[2]

Permits are personal and are not transferable to third parties.

[3]

Permits can only be used for one vehicle at a time. In the case of combinations of vehicles,
the motor vehicle is the determining factor in permit issue or exemption.

[4]

The Joint Committee referred to in Article 14 hereof determines the quota, categories[journey and time] and any further conditions governing permit use.

[5]

The running of cabotage services is prohibited except where specially authorised by thecompetent authority in the host country.
The Joint Committee referred to in Article 14 determines the national legislative andadministrative provisions in the host country applicable to cabotage. These provisions areapplied without discrimination.

Part IV - Common provisions
Article 9 - [Tax provisions][1]

Transport by means of vehicles registered on the territory of a Contracting Party temporarily
operating on the territory of the other Contracting Party under the terms of this Agreement
is exempt from payment of all tax related to the ownership, registration and running of thevehicle as well as special taxes on transport services.

[2]

The fuel contained in the normal, by the manufacturer build-in fixed tanks of the vehicle
intended to drive the vehicle and operate motor vehicles at controlled temperature $$, as3

In the case of neighbouring countries: transport between adjacent border zones of a depth of 25 km,
provided that the length of the journey does not exceed 100 km as the crow flies.

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well as lubricants and spares are exempt from all import duty in the territory of the hostcountry provided that the transport operator complies with the relevant customs regulations.
[3]

The transport covered by the terms of this Agreement is subject in the host country to thetolls and duties levied for the use of the road network or bridges. The tolls and charges arelevied on resident and non-resident transport operators indiscriminately. The Contracting
Parties may decide, on the proposal of the Joint Committee referred to in Article 14, to
exempt the initial and terminal legs of combined transport from tolls and duties.

Article 10 - [Weights and dimensions][1]

The permissible maximum weight, axle weight and dimensions of vehicles must not exceed
those entered in the registration documents nor the upper limits in force in the host country.

[2]

The use in the host country of vehicles whose weight, dimensions or load exceed thepermissible upper limits is permitted only with a special permit applied for in advance.

Article 11 - [Equipment and other characteristics][1]

Vehicles carrying dangerous goods or perishable goods must be fitted out and equipped inaccordance with the requirements of the ADR and ATP Conventions.

[2]

Equipment used to monitor crew driving and rest time on vehicles must comply with theprovisions of the AETR Agreement.

[3]

The Contracting Parties undertake to promote, within the framework of this Agreement, theuse of vehicles meeting stringent safety and emission standards.
The Contracting Parties, in their road transport relations, shall generally endeavour to apply
environmental and safety standards in force in the European Union, having regard to thedates vehicles were first registered and time frames agreed within the framework ofinternational agreements and the European Conference of Ministers of Transport.
In line with this policy, the joint committee referred to in Article 14 can, when deciding on
quotas and future liberalisation, give more favourable treatment to vehicles that meet themost modern safety and emission standards.

Article 12 - [Control]
The permits, control documents and other papers in order required under this Agreement, as
well as the consignment note, waybills, insurance certificates, training certificates and all papers
required under multilateral or bilateral agreements or under national law, must be kept in vehicles andbe produced at the request of by control officials.
The transport operator on own account is required to provide evidence of this status at therequest of control officials.
Article 13 - [Obligations of transport operators and penalties][1]

The transport operators of a Contractor Party have a duty, on the territory of the other
Contracting Party, to comply with obligations arising from multilateral international
agreements to which the two parties are contracting parties, from the present Agreement aswell as other bilateral agreements, and from national legislation, particularly traffic andenforcement $ rules, customs arrangements and any permit conditions and restrictions.
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[2]

Without prejudice to criminal proceedings, the competent authorities in the country of
establishment may, in the event of serious or repeated infringements committed on the
territory of the host country, and at the latter's request, take the following administrative
action:-- issue a warning,-- prohibit access to the territory of the Contracting Party where the infringement(s)was(were) committed.
In particularly serious cases, the competent authority of the host country may temporarily
prohibit access pending a decision by the authority in the country of establishment.
The Contracting Parties shall keep each other mutually informed on decisions taken.

Article 14 - [Collaboration and joint committee][1]

The competent authorities of the Contracting Parties shall take the necessary steps to
implement and apply this agreement and pass on any useful information to each other. The
competent authorities shall also keep each other mutually informed of any change innational law affecting the application hereof.
The competent authorities shall afford each other mutual assistance for the purpose of
implementing this Agreement. Personal data passed on within the framework of
co-operation between the Contracting Parties shall be protected by a guarantee ofconfidentiality and cannot be used for any purpose other than the one for which they werecommunicated.

[2]

A joint committee shall be set up, comprising delegates from each Contracting Party for thereasons stated in par. 1.
The joint committee is responsible for implementing Articles 3, 4, 7 and 8 hereof and,generally, for reviewing all questions concerning relations between the Contracting Parties
in the field of road transport, including aspects concerning safety, environmental protection,crew employment rights, technical issues, promotion of inter-enterprise and intermodal
collaboration and crisis management.

Part V - Final provisions
Article 15 - [Entry into force and length of the Agreement]
The present Agreement shall enter in force on ____________________
It may be denounced on ___________________________________________

Article 16 - [Cancellation clause]
Possibly.

Made at________, on ________

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ANNEXDECLARATION OF AUSTRIA

Austria welcomes and supports the model bilateral agreement between ECMT Member
countries on road transport as a framework with the aim to harmonise bilateral agreements as far as
possible. Since this model agreement is “recommended”, it is generally understood that its characteris an optional one and not binding on the member States.
Austria would therefore like to stress it cannot -- and does not -- agree with every single
item listed in the model agreement for various reasons. One of these reasons is that some items of themodel agreement take up passages contained in ECMT Resolutions already adopted by the Council of
Ministers without mentioning the reserves member countries deposited for these Resolutions.
Concerning goods transport, this is the case for Article 7, paragraph 1 5) (transport of livestock),paragraph 1 10)(transport on own account) and paragraph 2 (transport of perishable goods). Other
parts of the recommended model agreement are unacceptable for Austria since they suggest further
liberalisation than the respective ECMT Resolutions, such as in the field of passenger transport
Article 4, paragraph 2, point 2.4 (services on own account) and 2.5 (transport in hire vehicles) and in
the field of goods transport Article 7, paragraph 1 13) (adjacent border zones of 25 km). Last but notleast, Austria cannot accept provisions contradicting European Union regulations such as Article 9,paragraphs 2 and 3 concerning tax provisions.

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