Agreement between the Government of the Republic of Belarus and Government of the Republic of Lithuania on conditions of transit of loads of the Republic of Belarus with use of ports and other transport infrastructure of the Republic of Lithuania

of April 3, 2000

The government of the Republic of Belarus and the Government of the Republic of Lithuania which are hereinafter referred to as with Contracting Parties

aiming to develop economic cooperation between the Republic of Belarus and the Republic of Lithuania on the basis of equality and mutual advantage,

wishing to strengthen and develop transport bonds between two states,

agreed as follows:

Article 1

1. Provisions of this agreement are applied to transit transportation of goods of the Republic of Belarus railway, automobile, water, pipeline by modes of transport to ports to delivery to the third states or arrived to ports from the third states for delivery to the Republic of Belarus.

2. This Agreement does not affect transportation of military teams, arms, the equipment, other loads of material security, including dangerous if sender and/or the receiver of loads are military organizations of the Republic of Belarus or if sender and/or the receiver of loads is the representative of the mentioned organizations.

Article 2

The concepts used in this agreement have the following values:

port - the territory (the earth of port and the water area) intended for calling, exit, the parking and servicing of courts, freight handling and servicing of passengers;

load - the goods of any kind, origin and amount sent to the port of the Republic of Lithuania by legal entity or physical person of the Republic of Belarus for transit to the third states or which arrived from the third states to the port of the Republic of Lithuania to legal entity or physical person of the Republic of Belarus;

the dangerous goods - corresponds to the value used in multi-lateral international treaties on the corresponding modes of transport (sea, railway, automobile) which participants is at least one of Contracting Parties;

the vehicle - the vessel (including the lash ship, the towed or not towed barge, the vessel with underwater wings or with the airbag); automotive vehicle (including trail car, semitrailer truck and combination of automotive vehicles); rail car; pipeline;

transit transportations through the Lithuanian Respublikiperevozka's territory of loads of the Republic of Belarus through the territory of the Republic of Lithuania with use of ports which route begins or comes to an end within the Republic of Belarus;

freedom of transit - corresponds to the value used in the General Agreement on Tariffs and Trade of 1994.

Article 3

Competent authorities:

from the Republic of Belarus:

concerning rail transport - the Belarusian railroad, concerning pipeline transport - the Belarusian state concern on oil and chemistry, on other questions, including general coordination of accomplishment of this agreement, the Ministry of Transport and Communications,

from the Republic of Lithuania:

concerning pipeline transport - the Ministry of economy, on other questions, including on general coordination of accomplishment of this agreement, - the Ministry of communications.

Article 4

Contracting parties render assistance in implementation of liberty principle of transit and abstain from actions which could cause damage to development of the international transport backgrounds.

Article 5

1. The Republic of Lithuania as the transit state provides to the Republic of Belarus as the state which does not have outlet to the sea, the right to passing of vehicles and transportation of goods through the territory of the Republic of Lithuania to ports and from them. The Republic of Belarus uses at the same time services of ports and other transport infrastructure of the Republic of Lithuania on transit liberty principles.

2. Transit transportations through the territory of the Republic of Lithuania of loads of the Republic of Belarus as the state which does not have outlet to the sea are performed by vehicles of both states, and also other states by agreement of competent authorities of the Republic of Belarus and the Republic of Lithuania.

In case of cargo transportation with transit through the territory of the Republic of Lithuania the procedure for accomplishment of the procedure of customs transit established by the Government of the Republic of Lithuania is effective.

3. To the courts floating under the flag of the Republic of Belarus in the ports of the Republic of Lithuania the same requirements of legal acts of the Republic of Lithuania, as well as are applied to all other courts using the Lithuanian ports.

4. The Republic of Lithuania has the right by provision of freedom of transit to take necessary measures for non-admission of infringement of legitimate interests of the Republic of Lithuania. For the purpose of protection of interests of safety, the moral of society, health protection, prevention of disease of animals and plants according to the legislation of the Republic of Lithuania measures for ensuring control of transportations of transit cargoes through the territory of the Republic of Lithuania can be taken.

Article 6

Contracting parties agreed:

1) to create conditions for use of the ports of the Republic of Lithuania for processing (loading, unloading, warehousing and other work types) transit export-import cargoes of the Republic of Belarus;

To attract 2) whenever possible to maritime transports of transit export-import cargoes of the Republic of Belarus ocean ships of both states;

3) to take urgent measures for elimination of the reasons interfering transit transportation of export-import loads of the Republic of Belarus to the ports of the Republic of Lithuania;

4) the disagreements and disputes arising between legal entities and/or physical persons of both states in the territory of the Republic of Lithuania including its territorial sea to solve according to the legislation of the Republic of Lithuania if this agreement, other international treaties which participants are Contracting Parties, does not provide other;

5) legal entities and/or physical persons of the Republic of Belarus can lease and acquire according to the legislation of the Republic of Lithuania rooms for warehousing, overloads, separations and accumulatings of export-import loads in seaports of the Republic of Lithuania;

6) to promote opening of representative offices of transport organizations in the territories of the Republic of Belarus and the Republic of Lithuania.

Article 7

Relevant organs of public administration of the Republic of Lithuania within the competence promote transportation of goods, arriving to ports and transshipment points of the Republic of Lithuania to legal entities or physical persons of the Republic of Belarus from the third states.

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