Europese Overeenkomst nopens de arbeidsvoorwaarden voor de bemanningen van motorrijtuigen in het internationale vervoer over de weg (AETR)
The Contracting Parties,
Being desirous of promoting the development and improvement of the international transport of passengers and goods by road,
Convinced of the need to increase the safety of road traffic, to make regulations governing certain conditions of employment in international road transport in accordance with the principles of the International Labour Organisation, and jointly to adopt certain measures to ensure the observance of those regulations,
(a)
“vehicle” means any motor vehicle or trailer; this term includes any combination of vehicles;
(b)
“motor vehicle” means any self-propelled road vehicle which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods; this term does not include agricultural tractors;
(c)
“trailer” means any vehicle designed to be drawn by a motor vehicle and includes semi-trailers;
(d)
“semi-trailer” means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle;
(e)
“combination of vehicles” means coupled vehicles which travel road as a unit;
(f)
‘Permissible maximum mass’ means the maximum mass of the laden vehicle declared permissible by the competent authority of the State in which the vehicle is registered;
(g)
‘Carriage by road’ means any journey made entirely or in part on roads open to the public of a vehicle, whether laden or not, used for the carriage of passengers or goods;
(h)
“international road transport” (“international carriage by road”) means road transport which involves the crossing of at least one frontier;
(i)
‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.
Rules governing the operations of services or documents taking the place thereof, approved by the competent authorities of Contracting Parties and published by the carrier before coming into operation, shall specify the conditions of carriage and in particular the frequency of services, timetables, faretables and the obligation to accept passengers for carriage, in so far as such conditions are not prescribed by any law or regulation.
Services by whomsoever organized, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, in so far as such services are operated under the conditions specified in the first subparagraph of this definition, shall be deemed to be regular services. Such services, in particular those providing for the carriage of workers to and from their place of work or of schoolchildren to and from school, are hereinafter called ‘special regular services’;
(j)
‘Driver’ means any person, whether wage-earning or not, who drives the vehicle even for a short period, or who is carried on a vehicle as part of his duties in order to be available for driving if necessary;
(k)
“crew member” means the driver or either of the following, whether wage-earning or not
(i)
driver's mate, i.e. any person accompanying the driver in order to assist him in certain manoeuvres and habitually taking an effective part in the transport operations, though not a driver in the sense of paragraph ( j ) of this article;
(ii)
a conductor, i.e. any person who accompanies the driver of a vehicle engaged in the carriage of passengers and is responsible in particular for the issue or checking of tickets or other documents entitling passengers to travel on the vehicle;
(l)
‘week’ means the period between 0000 hours on Monday and 2400 hours on Sunday;
(m)
‘Rest’ means any uninterrupted period during which the driver may freely dispose of his time;
(n)
‘Break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation;
(o)
‘Daily rest period’ means the daily period during which a driver may freely dispose of his time and covers a ‘regular daily rest period’ and a ‘reduced daily rest period’:
–
‘Regular daily rest period’ means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least 9 hours;
–
‘Reduced daily rest period’ means any period of rest of at least 9 hours but less than 11 hours;
(p)
‘Weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’:
–
‘Regular weekly rest period’ means any period of rest of at least 45 hours;
–
‘Reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in article 8, paragraph (6), of the Agreement be shortened to a minimum of 24 consecutive hours;
(q)
‘Other work’ means all working activities except driving, including any work for the same or another employer, within or outside of the transport sector. It does not include waiting time and time not devoted to driving spent in a vehicle in motion, a ferryboat or a train;
(r)
‘Driving time’ means the duration of driving activity recorded automatically or semi-automatically or manually in the conditions defined in this Agreement;
(s)
‘Daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;
(t)
‘Weekly driving time’ means the total accumulated driving time during a week;
(u)
‘Driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken;
(v)
‘Multi-manning’ means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory;
(w)
‘Transport undertaking’ means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account.
1.
This Agreement shall apply in the territory of each Contracting Party to all international road transport performed by any vehicle registered in the territory of the said Contracting Party or in the territory of any other Contracting Party.
2.
Nevertheless, unless the Contracting Parties whose territory is used agree otherwise, this Agreement shall not apply to international road transport performed by:
a)
Vehicles used for the carriage of goods where the permissible maximum mass of the vehicle, including any trailer or semi-trailer, does not exceed 3.5 tonnes;
b)
Vehicles used for the carriage of passengers which, by virtue of their construction and equipment, are suitable for carrying not more than nine persons, including the driver, and are intended for that purpose;
c)
Vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres;
d)
Vehicles with a maximum authorized speed not exceeding 40 kilometres per hour;
e)
Vehicles owned or hired without a driver by the armed services, civil defence services, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control;
f)
Vehicles used in emergencies or rescue operations, including the non-commercial transport of humanitarian aid;
g)
Specialized vehicles used for medical purposes;
h)
Specialized breakdown vehicles operating within 100 kilometres of their base;
i)
Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;
j)
Vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for non-commercial carriage of goods;
k)
Commercial vehicles which have a historical status according to the legislation of the Contracting Party in which they are being driven and which are used for the non-commercial carriage of passengers or goods.
1.
Each Contracting Party shall apply in its territory, in respect of international road transport performed by any vehicle registered in the territory of a State which is not a Contracting Party to this Agreement, provisions not less strict than those laid down in articles 5, 6, 7, 8, 9 and 10 of this Agreement.
a)
However, it shall be open to any Contracting Party, in the case of a vehicle registered in a State which is not a Contracting Party to this Agreement, merely to require, in lieu of a control device conforming to the specifications in the Annex to this Agreement, daily record sheets completed manually by each crew member for the period of time from the moment of entry into the territory of the first Contracting Party.
b)
For this purpose, each crew member shall write on his record sheet the information concerning his professional activities and rest periods, using the appropriate graphic symbols as defined in article 12 of the Annex to this Agreement.
Article 4. General principles
Each Contracting Party may apply higher minima or lower maxima than those laid down in articles 5 to 8 inclusive. Nevertheless, the provisions of this Agreement shall remain applicable to drivers, engaged in international road transport operations on vehicles registered in another Contracting or non-Contracting State.
1.
The minimum ages for drivers engaged in the carriage of goods shall be as follows:
a)
for vehicles, including, where appropriate, trailers or semi-trailers, having a permissible maximum weight of not more than 7.5 tonnes, 18 years;
18 years provided that the person concerned holds a certificate of professional competence recognized by one of the Contracting Parties confirming that he has completed a training course for drivers of vehicles intended for the carriage of goods by road. Contracting Parties shall inform one another of the prevailing national minimum training levels and other relevant conditions relating to drivers engaged in international carriage of goods under this Agreement.
2.
Any driver engaged in the carriage of passengers shall have reached the age of 21 years.
Any driver engaged in the carriage of passengers on journeys beyond a 50 kilometre radius from the place where the vehicle is normally based must also fulfil one of the following conditions:
a)
he must have worked for at least one year in the carriage of goods as a driver of vehicles with a permissible maximum weight exceeding 3.5 tonnes;
b)
he must have worked for at least one year as a driver of vehicles used to provide passenger services on journeys within a 50 kilometre radius from the place where the vehicle is normally based, or other types of passenger services not subject to this Agreement provided the competent authority considers that he has by so doing acquired the necessary experience;
c)
he must hold a certificate of professional competence recognized by one of the Contracting Parties confirming that he has completed a training course for drivers of vehicles intended for the carriage of passengers by road.
1.
The daily driving time, as defined in article 1, paragraph (s), of this Agreement, shall not exceed 9 hours. It may be extended to at most 10 hours not more than twice during the week.
2.
The weekly driving time, as defined in article 1, paragraph (t), of this Agreement, shall not exceed 56 hours.
3.
The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours.
4.
Driving periods shall include all driving in the territory of Contracting and non-Contracting Parties.
5.
A driver shall record as other work any time spent as described in article 1, paragraph (q), as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Agreement, and shall record any periods of availability, as set out in article 12, paragraph 3 (c), of the Annex to this Agreement. This record shall be entered either manually on a record sheet or printout or by use of the manual input facilities of the recording equipment.
1.
After a driving period of four and a half hours, a driver shall take an uninterrupted break of not less than 45 minutes, unless he begins a rest period.
2.
This break, as defined in article 1, paragraph (n), of this Agreement, may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the driving period or immediately after this period in such a way as to comply with the provisions of paragraph 1.
3.
For the purposes of this article, the waiting time and time not devoted to driving spent in a vehicle in motion, a ferryboat or a train shall not be regarded as ‘other work’, as defined in article 1, paragraph (q), of this Agreement, and will be able to be qualified as a ‘break’.
4.
The breaks observed under this article may not be regarded as daily rest periods.
1.
A driver shall take daily and weekly rest periods as defined in article 1, paragraphs (o) and (p).
2.
Within each period of 24 hours after the end of the previous daily rest period or weekly rest period, a driver shall have taken a new daily rest period.
If the portion of the daily rest period which falls within that 24-hour period is at least 9 hours but less than 11 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.
3.
By way of derogation from paragraph 2, within 30 hours of the end of a daily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period of at least 9 hours.
4.
A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period.
5.
A driver may have at most three reduced daily rest periods between any two weekly rest periods.
a)
In any two consecutive weeks, a driver shall take at least:
(i)
Two regular weekly rest periods; or
(ii)
One regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
b)
By way of derogation from paragraph 6 (a), a driver engaged in a single service of international carriage of passengers, other than a regular service, may postpone the weekly rest period for up to twelve consecutive 24-hour periods following a previous regular weekly rest period, provided that:
(i)
the service lasts at least 24 consecutive hours in a Contracting Party or a third country other than the one in which the service started, and
(ii)
the driver takes after the use of the derogation:
a.
either two regular weekly rest periods,
b.
or one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the end of the derogation period,
and
(iii)
four years after the country of registration has implemented the digital tachograph, the vehicle is equipped with recording equipment in accordance with the requirements of Appendix 1B of the Annex, and
(iv)
after 1 January 2014, in case of driving during the period from 22:00 to 06:00, the vehicle is multi-manned or the driving period referred to in Article 7 is reduced to three hours.
c)
By way of derogation from paragraph 6 (a), drivers who are engaged in multi manning shall take each week a regular weekly rest period of at least 45 hours. This period may be reduced to a minimum of 24 hours (reduced weekly rest period). However, each reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
7.
Any rest taken as compensation for a reduced weekly rest period shall be attached to another rest period of at least 9 hours.
8.
Where a driver chooses to do this, daily rest periods and reduced weekly rest periods taken away from base may be taken in a vehicle, as long as it has specially fitted sleeping facilities for each driver as foreseen by the constructor’s design, and it is stationary.
9.
A weekly rest period that falls in two weeks may be counted in either week, but not in both.
1.
By way of derogation from article 8, where a driver accompanies a vehicle which is transported by ferryboat or train and takes a regular daily rest period, that period may be interrupted not more than twice by other activities provided the following conditions are fulfilled:
a)
That part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train;
b)
The period between the portions of the daily rest period must be as short as possible and may on no account exceed a total of one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations.
During all the portions of the daily rest period, the driver shall have access to a bunk or couchette.
2.
Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Agreement, or to return from that location, when the vehicle is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is in a ferryboat or train and has access to suitable sleeping facilities.
3.
Any time spent by a driver driving a vehicle which falls outside the scope of this Agreement to or from a vehicle which falls within the scope of this Agreement and which is not at the driver’s home or at the employer’s operational centre where the driver is normally based shall count as ‘other work’.
Article 9. Exceptions
Provided that road safety is not thereby jeopardized and to enable him to reach a suitable stopping place, the driver may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet or on a printout of the control device or in his duty roster, at the latest on arrival at a suitable stopping place.
1.
The Contracting Parties shall prescribe the installation and use on vehicles registered in their territory of a control device according to the requirements of this Agreement and the Annex and Appendices thereto.
2.
The control device within the sense of this Agreement shall, as regards construction, installation, use and testing, comply with the requirements of this Agreement and the Annex and Appendices thereto.
3.
A control device conforming to Council Regulation (EEC) No. 3821/85 of 20 December 1985 as regards construction, installation, use and testing shall be considered as conforming to the requirements of this Agreement and the Annex and Appendices thereto.
1.
The undertaking shall organize road transport operations and properly instruct crew members so that they are able to comply with the provisions of this Agreement.
2.
It shall make a regular check of driving periods, hours of other work and rest periods by referring to all documents at its disposal such as the individual control books. Should it discover any breach of this Agreement it shall take prompt action to end it and to avoid its repetition, for example by changing hours of work and routes.
3.
Payments to wage-earning drivers, even in the form of bonuses or wage supplements, related to distances travelled and/or the amount of goods carried shall be prohibited, unless these payments are of such a kind as not to endanger road safety or encourage breaches of this Agreement.
4.
A transport undertaking shall be liable for infringements committed by drivers of the undertaking, even if the infringement was committed in the territory of another Contracting Party or a non-Contracting Party.
Without prejudice to the right of Contracting Parties to hold transport undertakings fully liable, Contracting Parties may make this liability conditional on the undertaking’s infringement of paragraphs 1 and 2. Contracting Parties may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed.
5.
Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Agreement.
1.
Each Contracting Party shall adopt all appropriate measures to ensure observance of the provisions of this Agreement, in particular by an adequate level of roadside checks and checks performed on the premises of undertakings annually covering a large and representative proportion of drivers, undertakings and vehicles of all transport categories coming within the scope of this Agreement.
a)
The competent administrations of the Contracting Parties shall organize the checks so that:
(i)
During each calendar year, a minimum of 1% of the days worked by the drivers of vehicles to which this Agreement applies shall be checked. From 1 January 2010, this percentage will increase to at least 2%, and from 1 January 2012, to at least 3%;
(ii)
At least 15% of the total number of working days checked shall be checked at the roadside and at least 25% on the premises of undertakings. From 1 January 2010, not less than 30% of the total number of working days checked shall be checked at the roadside and not less than 50% shall be checked on the premises of undertakings.
b)
The elements of roadside checks shall include:
(i)
Daily and weekly driving periods, interruptions and daily and weekly rest periods;
(ii)
The record sheets of the preceding days, which shall be on board the vehicle, and/or the data stored for the same period on the driver card and/or in the memory of the control device and/or on the printouts, when required;
(iii)
The correct functioning of the control device.
These checks shall be carried out without discrimination among vehicles, undertakings and drivers whether resident or not, and regardless of the origin or destination of the journey or type of tachograph.
c)
The elements of checks on the premises of undertakings shall include, apart from the elements subject to roadside checks and compliance with the provisions of article 11, paragraph 2, of the Annex:
(i)
Weekly rest periods and driving periods between these rest periods;
(ii)
Two-weekly limits on hours of driving;
(iii)
Compensation for weekly rest periods reduced in accordance with article 8, paragraph 6;
(iv)
Use of record sheets and/or vehicle unit and driver card data and printouts and/or the organization of drivers’ working time.
2.
Within the framework of mutual assistance, the competent authorities of the Contracting Parties shall regularly send one another all available information concerning:
– Breaches of this Agreement committed by non-residents and any penalties imposed for such breaches;
– Penalties imposed by a Contracting Party on its residents for such breaches committed on the territory of other Contracting Parties.
In case of serious breaches, such information shall include the penalty imposed.
3.
If the findings of a roadside check on the driver of a vehicle registered in the territory of another Contracting Party provide grounds to believe that infringements have been committed which cannot be detected during the check due to lack of necessary data, the competent authorities of the Contracting Party concerned shall assist each other to clarify the situation. In cases where, to this end, the competent Contracting Party carries out a check at the premises of the undertaking, the results of this check shall be communicated to the other Party concerned.
4.
Contracting Parties shall work in cooperation with each other in the organization of concerted roadside checks.
5.
The United Nations Economic Commission for Europe shall issue a report every two years on the application by Contracting Parties of paragraph 1 of the present article.
a)
A Contracting Party shall authorize its competent authorities to impose a penalty on a driver for an infringement of this Agreement detected on its territory and for which a penalty has not already been imposed, even if that infringement has been committed in the territory of another Contracting Party or of a non-Contracting Party;
b)
A Contracting Party shall authorize its competent authorities to impose a penalty on an undertaking for an infringement of this Agreement detected on its territory and for which a penalty has not already been imposed, even if that infringement has been committed in the territory of another Contracting Party or of a non-Contracting Party.
By way of exception, when an infringement is detected which has been committed by an undertaking established in another Contracting Party or in a non-Contracting Party, the imposing of sanctions shall conform to the procedure foreseen in the bilateral road transport agreement between the Parties concerned.
Contracting Parties will examine, starting from 2011, the possibility of removing the exception in paragraph 6 (b), on the basis of the readiness of all Contracting Parties.
7.
Whenever a Contracting Party initiates proceedings or imposes a penalty for a particular infringement, it shall provide the driver with due evidence of this in writing.
8.
Contracting Parties shall ensure that a system of proportionate penalties, which may include financial penalties, is in force for infringements of this Agreement on the part of undertakings, or associated consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies.
1.
To facilitate international roadside checks, model standardized forms will be introduced, for use when required, in the Annex to this Agreement, which will be supplemented accordingly by a new Appendix 3. These forms will be introduced or amended in accordance with the procedure defined in article 22 ter.
2.
The model forms shown in Appendix 3 are in no way binding. However, if they are used, they shall respect the contents as defined, in particular the numbering, order and titles of items.
3.
Contracting Parties may supplement these data with additional information to satisfy national or regional requirements. This additional information must under no circumstances be required for transport originating in another Contracting Party or third country. For this purpose, it shall appear on the form totally separated from data defined for international traffic.
4.
These forms shall be accepted at any roadside check carried out in the territory of Contracting Parties to this Agreement.
1.
All the new provisions of the present Agreement, including its Annex and Appendices 1B and 2, relating to the introduction of a digital control device, shall become mandatory for countries which are Contracting Parties to this Agreement at latest four years after the date of entry into force of the relevant amendments resulting from the procedure specified in article 21. In consequence, all vehicles covered by this Agreement, put into service for the first time after the expiry of this period, shall be equipped with a control device conforming to these new requirements. During this four-year period, Contracting Parties, which have not yet implemented these amendments in their countries, shall accept and control on their territory vehicles registered in another Contracting Party to this Agreement, which are already equipped with such a digital control device.
a)
The Contracting Parties shall take the necessary steps to be able to issue the driver cards referred to in the Annex to the present Agreement, as amended, at latest three months before the expiry of the four-year deadline referred to in paragraph 1. This minimum period of three months shall also be complied with in the event of the implementation by a Contracting Party of the provisions relating to the digital control device in conformity with Appendix 1B to this Annex before the expiry of the four-year deadline. Such Contracting Parties shall keep the secretariat of the Working Party on Road Transport of the Economic Commission for Europe informed of progress in the introduction of the digital control device in conformity with Appendix 1B to this Annex within its territory.
b)
Pending the issue by Contracting Parties of the cards referred to in a), the provisions of article 14 of the Annex to this Agreement shall apply to drivers who may be required to drive vehicles fitted with a digital control device in accordance with Appendix 1B to this Annex.
3.
Any instrument of ratification or accession deposited by a State after the entry into force of the amendments referred to in paragraph 1 shall be deemed to apply to the Agreement as amended, including the deadline for implementation specified in paragraph 1.
If accession takes place less than two years before the expiry of the deadline referred to in paragraph 1, the State shall inform the depositary of the date on which the digital control device will be brought into effective use in its territory when it deposits its instrument of ratification or accession. Such State may make use of a transitional period not exceeding two years from the date of entry into force of the Agreement for the State. The depositary shall so inform all Contracting Parties.
The provisions of the preceding paragraph shall also apply in the event of the accession of a State after the expiry of the four-year deadline for implementation referred to in paragraph 1.
Article 13 bis. Transitional provisions
The provisions referred to at the end of article 12, paragraphs 7 (a) and 7 (b), of the Annex to this Agreement shall apply three months after the present amendment has entered into force.
1.
This Agreement shall be open for signature until 31 March 1971
*)[1] , and thereafter for accession, by States members of the Economic Commission for Europe and States admitted to the Commission in a consultative capacity under paragraph 8 of the Commission's terms of reference.
2.
This Agreement shall be ratified.
3.
The instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
4.
This Agreement shall enter into force on the one hundred and eightieth day after the date of deposit of the eighth instrument of ratification or accession.
5.
In respect of each State which ratifies, or accedes to, this Agreement after the deposit of the eighth instrument of ratification or accession as referred to in paragraph 4 of this article, the Agreement shall enter into force one hundred and eighty days after the deposit by that State of its instrument of ratification or accession.
1.
Any Contracting Party may denounce this Agreement by notice addressed to the Secretary-General of the United Nations.
2.
The denunciation shall take effect six months after the date on which the Secretary-General receives notice thereof.
Article 16
This Agreement shall cease to have effect if for any period of twelve consecutive months after its entry into force the number of Contracting Parties is less than three.
1.
Any State may, at the time of signing this Agreement or of depositing its instrument of ratification or accession or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that the validity of the Agreement shall be extended to all or any of the territories for the international relations of which it is responsible. The Agreement shall apply to the territory or territories named in the notification as from the one hundred and eightieth day after receipt of the notification by the Secretary-General or, if on that day the Agreement has not yet entered into force, as from the date of its entry into force.
2.
Any State which has made a declaration under the preceding paragraph making this Agreement applicable to a territory for whose international relations it is responsible may denounce the Agreement separately in respect of that territory in conformity with the provisions of article 15 hereof.
1.
Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement shall so far as possible be settled by negotiation between them.
2.
Any dispute which is not settled by negotiation shall be submitted to arbitration if any one of the Contracting Parties concerned in the dispute so requests and shall accordingly be referred to one or more arbitrators selected by agreement between the Parties in dispute. If within three months from the date of the request for arbitration the Parties in dispute are unable to agree on the selection of an arbitrator or arbitrators, any of those Parties may request the Secretary-General of the United Nations to appoint a single arbitrator to whom the dispute shall be referred for decision.
3.
The decision of the arbitrator or arbitrators appointed under the preceding paragraph shall be binding on the Contracting Parties in dispute.
1.
Any State may, at the time of signing, ratifying, or acceding to, this Agreement, declare that it does not consider itself bound by article 18, paragraphs 2 and 3 hereof. The other Contracting Parties shall not be bound by the said paragraphs with respect to any Contracting Party which has entered such a reservation.
2.
If at the time of depositing its instrument of ratification or accession a State enters a reservation other than that provided for in paragraph 1 of this article, the Secretary-General of the United Nations shall communicate the reservation to the States which have previously deposited their instruments of ratification or accession and have not since denounced this Agreement. The reservation shall be deemed to be accepted if none of the said States has, within six months after such communication, expressed its opposition to acceptance of the reservation. Otherwise the reservation shall not be admitted, and, if the State which entered the reservation does not withdraw it the deposit of that State's instrument of ratification or accession shall be without effect. For the purpose of the application of this paragraph the opposition of States whose accession or ratification is, in virtue of this paragraph without effect by reason of reservations entered by them, shall be disregarded.
3.
Any Contracting Party whose reservation has been adopted in the Protocol of signature of this Agreement or who has entered a reservation pursuant to paragraph 1 of this article, or made a reservation which has been accepted pursuant to paragraph 2 of this article may at any time withdraw such reservation by a notification addressed to the Secretary-General.
1.
After this Agreement has been in force for three years any Contracting Party may, by a notification addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising the Agreement. The Secretary-General shall notify all Contracting Parties of the request and shall convene a revision conference if not less than one-third of the Contracting Parties signify their assent to the request within a period of four months from the date of the notification by the Secretary-General.
2.
If a conference is convened in conformity with the preceding paragraph the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they wish the conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the conference, together with the text of such proposals, not less than three months before the date on which the conference is to meet.
3.
The Secretary-General shall invite to any conference convened under this article all the States referred to in article 14, paragraph 1, of this Agreement.
1.
Any Contracting Party may propose one or more amendments to this Agreement. The text of any proposed amendment shall be communicated to the Secretary-General of the United Nations, who shall communicate it to all Contracting Parties and inform thereof all the other States referred to in article 14, paragraph 1, of this Agreement.
2.
Within a period of six months from the date on which the proposed amendment is communicated by the Secretary-General, any Contracting Party may inform the Secretary-General:
(a)
that it has an objection to the amendment proposed; or
(b)
that, although it intends to accept the proposal, the conditions necessary for such acceptance are not yet fulfilled in its State.
3.
If a Contracting Party sends to the Secretary-General a communication such as is provided for in paragraph 2 ( b ) of this article, it may, so long as it has not notified the Secretary-General of its acceptance of the proposed amendment, submit an objection to the proposed amendment within a period of nine months following the expiry of the six-month period provided for its communication.
4.
If an objection to the proposed amendment is stated in accordance with the terms of paragraphs 2 and 3 of this article, the amendment shall be deemed not to have been accepted and shall be of no effect.
5.
If no objection to the proposed amendment has been stated under paragraphs 2 and 3 of this article, then the amendment shall be deemed to have been accepted as from the date specified below:
(a)
if no Contracting Party has sent a communication to the Secretary-General under paragraph 2 ( b ) of this article: on the expiry of the period of six months referred to in paragraph 2 of this article;
(b)
if any Contracting Party has sent a communication to the Secretary-General under paragraph 2 ( b ) of this article: on the earlier of the following two dates:
-
the date by which all the Contracting Parties which sent such communications have notified the Secretary-General of their acceptance of the proposal, subject to the proviso that, if all the acceptances were notified before the expiry of the period of six months referred to in paragraph 2 of this article, this date shall be taken to be the date of expiry of the said six-month period;
-
the date of expiry of the period of nine months referred to in paragraph 3 of this article.
5 bis.
In the case of a country which becomes a Contracting Party to this Agreement between the moment of notification of a draft amendment and the moment when it is considered accepted, the secretariat of the Working Party on Road Transport of the Economic Commission for Europe shall notify the new State Party of the draft amendment as soon as possible. The latter may inform the Secretary-General of any objection before the end of the six-month period from the date of transmission of the original amendment to all Contracting Parties.
6.
Any amendment deemed to be accepted shall enter into force three months after the date on which it was deemed to be accepted.
7.
The Secretary-General shall as soon as possible notify all Contracting Parties whether an objection to the proposed amendment has been stated under paragraph 2 ( a ) of this article and whether he has received from one or more Contracting Parties a communication under paragraph 2 ( b ) of this article. If he has received such a communication from one or more Contracting Parties, he shall subsequently inform all the Contracting Parties whether the Contracting Party or Parties which have made such a communication raise an objection to or accept the proposed amendment.
8.
Independently of the amendment procedure laid down in paragraphs 1 to 6 of this article, the annex to this Agreement may be modified by agreement between the competent administrations of all the Contracting Parties; if the competent administration of a Contracting Party has stated that under its domestic law its agreement is contingent on special authorization for the purpose, or on the approval of a legislative body, the consent of the competent administration of the Contracting Party concerned to the modification of the annex shall not be deemed to have been given until the said competent administration has notified the Secretary-General that the necessary authorization or approval has been obtained. The agreement between the competent administrations shall appoint the date of entry into force of the modified annex, and may provide that, during a transitional period, the old annex shall remain in force, wholly or in part, concurrently with the modified annex.
1.
Appendices 1 and 2 to the annex to this Agreement may be amended by the procedure specified in this article.
2.
At the request of a Contracting Party, any amendments proposed to appendices 1 and 2 to the annex to this Agreement shall be considered by the Principal Working Party on Road Transport of the Economic Commission for Europe.
3.
If it is adopted by the majority of the members present and voting, and if this majority includes the majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to the competent administrations of all the Contracting Parties for acceptance.
4.
The amendment shall be accepted if, within a period of six months following the date of notification, less than one-third of the competent administrations of the Contracting Parties notify the Secretary-General of their objection to the amendment.
4 bis.
In the case of a country which becomes a Party to this Agreement between the moment of notification of a draft amendment and the moment when it is considered accepted, the secretariat of the Working Party on Road Transport of the Economic Commission for Europe shall notify the new State Party of the draft amendment as soon as possible. The latter may inform the Secretary-General of any objection before the end of the six-month period from the date of transmission of the original amendment to all Contracting Parties.
5.
Any amendment accepted shall be communicated by the Secretary-General to all the Contracting Parties and shall come into force three months after the date of its notification.
1.
Appendix 1B of the Annex to the present Agreement shall be amended according to the procedure defined in the present article.
2.
Any amendment proposal to the introductory articles of Appendix 1B shall be adopted by the Working Party on Road Transport of the Economic Commission for Europe by a majority of the Contracting Parties present and voting. Any amendment thus adopted will be transmitted by the secretariat of the Working Party to the Secretary-General for notification to all Contracting Parties. It shall enter into force three months after the date of notification to Contracting Parties.
3.
Appendix 1B, adapted for the present Agreement from Annex IBAs last amended by Commission Regulations (EC) No.1360/2002 of 13 June 2002 (OJ L 207 of 5 August 2002 (corrigendum OJ L 77 of 13 March 2004)) and No. 432/2004 of 5 March 2004 (OJ L 71 of 10 March 2004). of Regulation (EEC) 3821/85 as cited in article 10 of the present Agreement, depending directly on evolutions introduced into this Annex by the European Union, any amendment made to this Annex shall be applicable to Appendix 1B under the following conditions:
[2] of Regulation (EEC) 3821/85 as cited in article 10 of the present Agreement, depending directly on evolutions introduced into this Annex by the European Union, any amendment made to this Annex shall be applicable to Appendix 1B under the following conditions:
–
?the secretariat of the Working Party on Road Transport of the Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties of the publication in the Official Journal of the European Communities of the amendments introduced to Annex IB of the Community Regulation and at the same time will communicate this information to the Secretary-General accompanied by a copy of the relevant texts.
–
?these amendments shall enter directly into force for Appendix 1B three months after the date of communication to Contracting Parties of the information.
4.
When a proposal to amend the Annex to the present Agreement also implies an amendment to Appendix 1B, the amendments concerning the Appendix may not enter into force before those concerning the Annex. When, in this framework, amendments to Appendix 1B are presented at the same time as amendments to the Annex, their date of entry into force shall be determined by the date resulting from application of the procedures outlined in article 21.
1.
Appendix 3 to the Annex to this Agreement shall be amended in accordance with the following procedure.
2.
Any proposal to introduce into Appendix 3 model forms according to article 12 bis of this Agreement or modify existing forms shall be submitted, for adoption, to the Working Party on Road Transport of the Economic Commission for Europe. The proposal shall be deemed accepted if adopted by the majority of Contracting Parties present and voting.
The secretariat of the Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties to this Agreement of any amendment thus adopted and, at the same time, will communicate this information to the Secretary-General accompanied by a copy of the relevant text.
3.
Any model form thus adopted may be used three months after the date of communication of the information to Contracting Parties to this Agreement.
Article 23
In addition to the notifications referred to in articles 20 and 21 of this Agreement, the Secretary-General of the United Nations shall notify the States referred to in article 14, paragraph 1, hereof of
(a)
ratifications or accessions under article 14 of this Agreement;
(b)
the dates of entry into force of the present Agreement, in conformity with article 14 hereof;
(c)
denunciations under article 15 of this Agreement;
(d)
the termination of this Agreement in conformity with article 16 hereof;
(e)
notifications received under article 17 of this Agreement;
(f)
declarations and notifications received under article 19 of this Agreement;
(g)
the entry into force of any amendment in conformity with article 21 of this Agreement.
Article 24
The Protocol of signature of this Agreement shall have the same force, validity and duration as the Agreement itself, of which it shall be deemed to be an integral part
Article 25
After 31 March 1971
*)[3] the original of this Agreement shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the countries referred to in article 14, paragraph 1, hereof.
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