On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Romania on International Road Transport of Goods

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Romania on International Road Transport of Goods

The Law of the Republic of Kazakhstan dated September 29, 2008 No. 69-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Romania on International Road Freight Transportation, signed in Bucharest on November 22, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

Agreement between the Government of the Republic of Kazakhstan and the Government of Romania on international road transport of goods

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on October 31, 2008)

The Government of the Republic of Kazakhstan and the Government of Romania, hereinafter referred to as the "Parties", wishing to contribute to the development of trade and economic relations between their states, having decided to promote cooperation in the field of road transport within the framework of a market economy, taking care of the life and health of the population, environmental protection, road safety and improving the working conditions of drivers, recognizing mutual advantages and the interests of the Agreement on road transport, have agreed on the following:

I. Scope and definitions

Article 1 Scope of application

1. The provisions of this Agreement shall apply to international road transport of goods between the States of the Parties and transit through their territories, as well as to/from third countries by vehicles registered in the territory of the State of one of the Parties. 2. This Agreement does not affect the rights and obligations of the Parties arising from other international agreements to which the States of the Parties are parties, including the rights and obligations arising for Romania as a member of the European Union.

Article 2 Definitions

For the purposes of this Agreement: 1. "Carrier" means any natural or legal person registered in the territory of a State of one of the Parties and entitled to carry out international carriage of goods in accordance with the national legislation of its State. 2. "Vehicle" means any motor vehicle or combination of vehicles, where at least the vehicle is registered in the territory of the State of one of the Parties, which is intended and equipped exclusively for the carriage of goods. 3. "Registration" means the award of a vehicle identification number by the competent authorities of the States of the Parties. In the case of a combination of vehicles, the motor vehicle is the determining factor in granting a permit or granting an exemption, even if the other vehicle of the combination is not registered in the same name or is registered or allowed to operate in another country. 4. "Transportation" means the passage of a vehicle with or without cargo, including if the vehicle, trailer or semi-trailer part of the way is transported by rail or water transport. 5. "Territory of the State of one Party" means the territory of the Republic of Kazakhstan or the territory of Romania, respectively. 6. "Country of registration" means the territory of the State of each Party within which the carrier and the vehicle are registered. 7. "Host country" means the territory of the State of the Party in which the carrier carries out transportation, being unregistered in that territory, and his vehicle is also not registered in that territory. 8. "Special permit" means a document issued to the competent authorities of the State of one of the Parties and granting the right to travel vehicles through the territory of the State of this Party registered in the territory of the State of the other Party with indivisible bulky and heavy cargo or for the transportation of dangerous goods.

II. Cargo transportation

Article 3 Permit system

1. Transportation of goods by means of transport between the States of the Parties or transit through their territories is carried out without permits. 2. A carrier registered in the State of one of the Parties may transport goods from the territory of the State of the other Party to the territory of a third country and from the territory of a third country to the territory of the State of the other Party on the basis of a permit obtained from the competent authority of the State of the other Party. 3. A carrier registered in the State of one of the Parties is not allowed to transport goods between two points located in the territory of the State of the other Party.

Article 4 Conditions for granting and applying permissions

1. The competent authorities of the States of both Parties exchange an agreed number of permit forms each year. Permits for resident carriers are issued by the competent authority or an institution designated by the said authority. 2. The permissions are personal and cannot be transferred to a third party. 3. The permit cannot be used for multiple vehicles at the same time. In the case of a combination of vehicles, the motor vehicle is the determining factor for granting a permit or exemption from a permit. 4. The Joint Commission established in accordance with paragraph 2 of Article 10 of this Agreement determines the quota of travel category permits and time, as well as any additional conditions governing the granting and application of permits. This is done on the basis of the principle of mutual benefit.

III. General provisions

Article 5 Financial regulations

1. During transportation in accordance with this Agreement, the following items imported into the territory of the State of the other Party must be allowed without payment of customs duties and charges having an equivalent effect paid upon import of goods: a) fuel contained in standard containers provided by the manufacturer for each vehicle model, technologically and structurally related to the system engine power supply, as well as fuel contained in tanks installed by the manufacturer on trailers and semi-trailers, intended for the operation of their heating or cooling systems; b) lubricants in quantities necessary for the operation of the vehicle during transportation; c) spare parts and tools intended for the repair of vehicles engaged in international transportation, including those damaged in transit. 2. Unused spare parts and tools specified in paragraph 1 of this Article must be returned. The replaced spare parts must be taken back or placed under the customs regime of destruction in accordance with the procedure established by the national legislation of the State of the Party in whose territory the customs regime for these spare parts is being changed. 3. Carriers of the States of the Parties shall be exempt on a reciprocal basis from fees and charges related to the ownership or use of vehicles when transporting goods in accordance with this Agreement. In addition, fees for the use of the network of highways, motorways, bridges and tunnels are levied, where such fees are subject to collection on a non-discriminatory basis from vehicles registered in the territory of the States of either Party.

Article 6 Total weight and dimensions

1. The permissible maximum weight, axle load and dimensions of vehicles must not exceed the values specified in the registration documents and the permissible maximum values in force in the host country. 2. The use of vehicles in the host country whose weight, dimensions or axle load exceeds the maximum permissible values is permitted only on the basis of special permits. If such a permit requires the vehicle to follow a certain route, transportation should be carried out only along this route. 3. The existence of a special permit does not exempt from the need to obtain the permits provided for in paragraph 2 of Article 3 of this Agreement.

Article 7 Equipment and other characteristics

1. Vehicles that transport dangerous and perishable goods through the territories of the States of the Parties must be equipped and marked in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road, dated September 30, 1957 (ADR), as well as Agreement on the International Carriage of Perishable Foodstuffs and on Special Means of Transport Intended for such Carriage, dated September 1, 1970 (ATP). 2. The equipment used to monitor the driving and rest time of drivers must comply with the terms of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport, dated July 1, 1970 (AETR). 3. The Parties shall promote, within the framework of this Agreement, the use of vehicles meeting the minimum environmental requirements established by the Joint Commission established in accordance with paragraph 2 of Article 10 of this Agreement.

Article 8 Verification of documents

Permits, control documents and other documents in the manner required in accordance with this Agreement, as well as international shipping invoices, insurance certificates, training certificates and all documents required under international treaties to which the States of the Parties are parties and/or national laws of the States of the Parties, must be on board the vehicles and to be presented at the request of officials of the competent regulatory authorities of the States of the Parties.

Article 9 Obligations of carriers and sanctions

1. Carriers of one of the Parties are obliged to comply in the territory of the other Party's State with obligations arising from multilateral international agreements in force for both Parties, this Agreement, as well as other bilateral agreements, and national legislation, in particular, road and administrative regulations, customs regulations and any conditions for the use of permits and possible restrictions. 2 1. Carriers of one of the Parties are obliged to comply in the territory of the other Party's State with obligations arising from multilateral international agreements in force for both Parties, this Agreement, as well as other bilateral agreements, and national legislation, in particular, road and administrative regulations, customs regulations and any conditions for the use of permits and possible restrictions. 2. Without prejudice to jWithout prejudice to judicial proceedings, the competent authorities of the country of registration may, in the event of serious or repeated violations committed in the territory of the host country, and at the request of the latter, take the following administrative measures: to warn the carrier, temporarily or completely deprive the carrier of the right to carry out transportation in the territory of the State of the Party where the violation occurred. In case of serious violations, the competent In case of serious violations, the competent authorities of the host country may temporarily prohibit access to the territory of their State, pending a decision by the authorities of the country of registration. The competent authorities of the States of the Parties shall inform each other of the decisions taken. 3. The terms of this article do not exclude legal sanctions that may be imposed by a court or administrative authorities of the country where the violation was committed. 4. Carriers are required to provide any information required by the relevant authorities in the event of serious road accidents, in accordance with the national legislation of the States of the Parties.

Article 10 Cooperation with the Joint Commission

1. The competent authorities of the States of the Parties shall take the necessary measures to implement this Agreement and transmit any useful information to each other. The competent authorities of the States of the Parties shall also inform each other of any changes i 1. The competent authorities of the States of the Parties shall take the necessary measures to implement this Agreement and transmit any useful information to each other. The competent authorities of the States of the Parties shall also inform each other of any changes in the national legislation of their States affecting the application of the provisions of this Agreement. The competent authorities of the States of the Parties shall provide each other with assistance for the purposes of implementing this Agreement. Confidential data transferred within the framework of cooperation between the Parties is protected by a guarantee of confidentiality and cannot be used for other purposes. 2. In order to comply with the provisions of this Agreement and discuss related issues, the Parties shall establish a Joint Commission consisting of representatives of the competent authorities of their States.

Article 11 Competent authorities

In order to In order to implement this Agreement, the competent authorities of the States of the Parties are: on the Kazakh Side - the Ministry of Transport and Communications; on the Romanian Side - the Ministry of Transport. In the event of a change in the official names of the competent authorities of the States of the Parties, the Parties shall immediately notify each other through diplomatic channels.

Article 12 Settlement of disputes

In case of disputes concerning the interpretation or application of the provisions of this Agreement, the Parties will resolve them through negotiations and consultations. Issues not regulated by this Agreement, as well as international treaties to which the Parties are Parties, are resolved in accordance with the national laws of the States of the Parties.

IV. Final provisions

Article 13 Amendments and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by separate protocols that are an integral part of this Agreement and enter into force in accordance with the procedure provided for in paragraph 1 of Article 14 of this Agreement.

Article 14 Entry into force, duration and termination

1. This Agreement shall enter into force on the date of receipt of the last written notification that the Parties h 1. This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period and remains in force until one of the Parties notifies the other Party in writing of its intention to terminate it. Termination begins to apply after six months from the date of receipt of the notification by the other Party. In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in Bucharest on November 22, 2007, in two original copies, each in the Kazakh, Romanian, Russian and English languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

For the Government For the Government of the Republic of Kazakhstan Romania

RCPI's note: The following is the text of the Agreement in English and Romanian.

President

Republic of Kazakhstan

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