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

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

Law of the Republic of Kazakhstan dated July 3, 2003 No. 462

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on International Road Transport, concluded in Prague on December 13, 1999.

 President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on International Road Transport

The Government of the Republic of Kazakhstan and the Government of the Czech Republic, hereinafter referred to as the "Contracting Parties", wishing to promote the mutually beneficial development of trade and economic relations, guided by the desire to regulate and develop international road transport of passengers and goods between the two countries and transit through their territories, have agreed as follows:

Scope of application Article 1

1. This Agreement regulates the transportation of passengers and goods in international road transport between the Republic of Kazakhstan and the Czech Republic, transit through their territories, as well as to or from third countries by carriers authorized to carry out such transportation and vehicles registered in the territory of the State of the Contracting Party. 2. This Agreement does not affect the rights and obligations of each Contracting Party arising from other international treaties to which they are parties.

Definitions Article 2

1. The term "bus" means any vehicle that, by its design and equipment, is suitable and designed to carry more than nine people, including the driver. 2. The term "scheduled passenger transportation" means the regular transportation of passengers by buses along a specific route according to pre-established and published timetables, transportation fees and conditions of transportation, according to which passengers can board and disembark at pre-established stopping points. The term "special scheduled passenger transportation" means passenger transportation that applies only to a specific category of passengers. 3. The term "Pendulum carriage" means a multiple carriage in which a pre-formed group of passengers is transported from the same point of departure to the same destination. The same group of passengers later returns to the departure point. The point of departure and destination should be understood as the place of departure or arrival, as well as its surroundings located at a distance of 50 km from it. Pendulum transportation, in addition to the usual motor transport services, includes the requirement to form a group of passengers at the point of departure. The first trip back and the last trip there are empty. 4. The term "Irregular passenger carriage" means any other carriage that differs from those mentioned in paragraphs 2 and 3 of this Article.

Passenger transportation Article 3

The carriage of passengers in the context of this Agreement means the carriage of passengers and their luggage on buses at their own expense or at the expense of third parties. This also applies to non-passenger runs that are associated with such flights.

Article 4

1. Permits for regular passenger transportation by buses are issued by mutual agreement by the competent authorities of the States of the Contracting Parties. The competent authority of the State of each Contracting Party issues a permit for that part of the route that passes through its territory. The permit may be issued for a period of no more than one calendar year. 2. An application for the opening of regular passenger services shall be submitted to the competent authority of the Contracting Party in whose territory the carrier has its headquarters and its vehicle is registered. This competent authority shall send the application with all the necessary data and its conclusion to the competent authority of the other Contracting Party. 3. Applications, in accordance with paragraph 2 of this Article, must include the following data: a) the name and surname of the carrier with its address or the name of the company with its full address; b) the type of carriage; c) the requested validity period of the permit; d) the duration of work and frequency of flights (daily, weekly, etc.); e) timetable; f) the exact route (all stops for boarding and disembarking passengers, border checkpoints); g) the length of the route in kilometers there and back; h) the time the driver was driving and the time of the rest break; i) the amount of the transportation fee and the conditions of transportation.

Article 5

1. Each pendulum transportation requires a permit from the competent authority of the other Contracting Party. The application for pendulum transportation must be sent by the applicant directly to the competent authority of the other Contracting Party no later than 30 days before the start of the pendulum transportation. 2. The application, in accordance with paragraph 1 of this Article, must include the name of the company or the name, surname and full working or home address of the carrier, as well as his place of work, information on the route, schedule and fares, registration numbers of all buses that will carry out the claimed pendulum transportation and a confirmation letter from the destination about the duration of stay there.. 3. The Joint Commission established in accordance with Article 14 of this Agreement may coordinate individual details of licensing procedures, forms, verification documents related to the implementation of pendulum transportation, etc.

Article 6

1. Irregular passenger transportation, with the exception of the cases mentioned in paragraph 2 of this Article, must be carried out on a permissive basis. 2. Irregular passenger transportation in bilateral or transit traffic performed by carriers of the States of both Contracting Parties is exempt from the need to obtain a permit in such cases when: a) transportation is carried out by the same vehicle of the same group of passengers during one trip and ends at the starting point ("trip with closed doors"); b) transportation in which a group of passengers is transported by a carrier of the State of one Contracting Party to the territory of the State of the other Contracting Party, which the vehicle leaves empty; c) carriers replace a defective bus with a serviceable vehicle following empty. 3. The competent authorities of the Contracting Parties shall exchange the agreed number of travel permit forms on the territory of the States of both Contracting Parties. 4. The Joint Commission established in accordance with Article 14 of this Agreement shall establish, taking into account the volume of foreign trade and transit traffic, the number of travel permit forms for the territory of the States of both Contracting Parties provided annually on a parity basis to the competent authorities of the Contracting Parties. 5. If necessary, the competent authorities of the Contracting Parties, by mutual agreement, have the right to increase the number of permit forms. 6. Irregular passenger transportation carried out in excess of the prescribed amount is carried out on a permissive basis in accordance with the legislation of the States of the Contracting Parties. 7. The Joint Commission established in accordance with Article 14 of this Agreement may agree to verify the document for irregular passenger traffic.

Cargo transportation Article 7

1. Transportation of goods between the countries of the Contracting Parties, to or from third countries, as well as transit through the territory of a State of one of the Contracting Parties, is carried out on a permissive basis, with the exception of transportation specified in Article 8.2. The permit issued to the carrier is valid only for him and is not transferable to a third party. 3. A permit is required for each truck and for each tractor vehicle. It is valid simultaneously for the next trailer or semi-trailer, regardless of the place of its registration. 4. The permit is valid for two-way and transit traffic for one round trip within the specified time period. 5. Carriers of the State of one Contracting Party are prohibited from transporting goods between two points located on the territory of the State of the other Contracting Party (coastal transportation).

Article 8

1. The permits referred to in Article 7 of this Agreement are not required for the transportation of: a) items or materials intended solely for advertising, training, fairs and exhibitions; b) equipment and accessories for theatrical, musical, cinematographic, sports and circus events, as well as for recording radio, film and television broadcasts. filming; c) damaged vehicles (delivery back); d) corpses, urns with ashes of the deceased; e) cargo on motor vehicles, the maximum permissible total weight of which, including the total weight of the trailer, does not exceed six tons, or the permissible payload of which, including the payload of the trailer, does not exceed 3.5 tons; f) medicines, medical equipment and equipment, as well as other items intended to assist in emergency situations emergency situations (especially in case of natural disasters); g) animals (for sports and circus events); h) movable property during migration (household furniture and utensils); i) postal items; k) humanitarian supplies. 2. The exceptions provided for in sub-paragraphs "a", "b" and "g" of paragraph 1 of this Article are valid only in the case of the re-export of the items specified therein or their subsequent transportation to third countries. 3. A permit is not required for the transportation of new vehicles from the manufacturer intended for legal entities and individuals in one of the States of the Contracting Parties.

Article 9

1. The Joint Commission established in accordance with Article 14 of this Agreement shall establish, taking into account the volume of foreign trade and transit traffic, the number of permit forms for the carriage of goods provided annually on a parity basis to the Contracting Parties. 2. The competent authorities of the Contracting Parties shall exchange the agreed number of travel permit forms on the territory of the States of both Contracting Parties. 3. If necessary, the competent authorities of the Contracting Parties, by mutual agreement, have the right to increase the number of permit forms. 4. Transportation carried out in excess of the prescribed quantity is carried out on a permissive basis in accordance with the legislation of the States of the Contracting Parties.

Article 10

1. Regarding the weight and dimensions of motor vehicles, each of the Contracting Parties applies to vehicles registered in the territory of the State of the other Contracting Party the same requirements that apply to vehicles registered in its own territory. 2. Transportation of goods by motor vehicles, the mass, weight or dimensions of which exceed the maximum permissible dimensions determined in the territory of the country of the other Contracting Party, as well as dangerous goods, is carried out only after obtaining a special permit from the competent authorities of this Contracting Party.

General provisions Article 11

1. Carriers and drivers of the State of each Contracting Party are obliged to comply with the legislation in force in the territory of the State of the other Contracting Party, as well as the provisions of international agreements in the field of road transport to which the Contracting Parties are parties. 2. Drivers of motor vehicles must have a national or international driving licence of the appropriate category for a controlled motor vehicle and a registration certificate for a motor vehicle that meets the requirements of the Convention on Road Traffic.

Article 12

1. When transporting passengers and goods across the territory of the countries of the Contracting Parties on the basis of this Agreement, motor vehicles performing these transports are exempt from taxes and fees related to the use and maintenance of roads, with the exception of tolls on toll roads and bridges and fees arising from transport operations in accordance with paragraph 2 of Article 10.2. The following persons are exempt from paying taxes applicable to the import of goods, customs duties and charges:: a) spare parts that are temporarily imported into the territory of the country of the other Contracting Party for the repair of a vehicle carrying out transportation under this Agreement; b) replaced parts are subject to export to the country of registration of the vehicle or destroyed under the control of customs authorities; c) imported fuel located in tanks installed on the vehicle by the manufacturer, and lubricants necessary for transportation.

Article 13

1. The permits required under this Agreement, as well as control and other transportation documents, must be in the vehicle during all trips regulated by this Agreement and must be presented for verification according to the requirements of representatives of the competent regulatory authorities. 2. In case of repeated violations by the carrier or its drivers of the legislation in force in the territory of the State of the other Contracting Party or the provisions of this Agreement, the competent authorities of the Contracting Party in whose territory the vehicle is registered shall, at the request of the Contracting Party in whose territory the violation was committed, take one of the following measures: a) warning; b) temporary prohibition of transportation in accordance with this Agreement; c) temporary, partial or complete deprivation of the rights to perform transportation in the territory of the Contracting Party in which the violation occurred. 3. A measure in accordance with subparagraph (b) of paragraph 2 of this Article may also be applied by the competent authority of the Contracting Party in whose territory the violation was committed. 4. The competent authorities of both Contracting Parties shall notify each other of the measures they have taken. 5. The provisions of this Agreement do not exclude sanctions that may be imposed by the judicial authorities of the State in whose territory national legislation has been violated. 6. In case of unforeseen closure of state borders, international road transport between the States of the Contracting Parties will be regulated by a special agreement.

Article 14

1. In order to implement this Agreement and discuss related issues, the Contracting Parties shall establish a Joint Commission consisting of representatives of their competent authorities. 2. The Contracting Parties will resolve all disputes that may arise in connection with the interpretation and application of the provisions of this Agreement through negotiations and consultations of the Joint Commission of the Contracting Parties. 3. The content and form of the permit forms shall be determined by the Joint Commission.

Article 15

1. The Contracting Parties shall determine the procedure for the implementation of this Agreement in the Executive Protocol. The Executive Protocol is signed simultaneously with the Agreement and is an integral part of it. 2. The Joint Commission established in accordance with Article 14 of this Agreement is authorized to propose amendments and additions to the Executive Protocol. 3. All amendments and additions to this Agreement and the Executive Protocol shall be formalized by the Contracting Parties in the relevant protocol. 4. The Protocol with amendments and additions to this Agreement and the Executive Protocol shall also enter into force in accordance with paragraph 1 of Article 16 of this Agreement.

Article 16

1. This Agreement and the Executive Protocol shall enter into force 30 days after receipt, through diplomatic channels, of the last notification by the Contracting Parties that the internal procedures necessary for its entry into force have been completed. 2. This Agreement is concluded for an indefinite period and will remain in force until one of the Contracting Parties denounces it in writing. The Agreement becomes invalid six months after the other Contracting Party receives the notification of denunciation.

Done in Prague on December 13, 1999, in two original copies, each in the Kazakh, Czech and Russian languages, all texts being authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will be guided by the text in Russian.

For the Government For the Government of the Republic of Kazakhstan of the Czech Republic

Executive Protocol on the rules of application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on International Road Transport

The Government of the Republic of Kazakhstan and the Government of the Czech Republic (hereinafter referred to as the Contracting Parties), in order to determine the rules for the application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on International Road Transport, signed in Prague on December 13, 1999, have agreed as follows: 1. In the sense of this Agreement, the competent authorities should be understood as: From the Republic of Kazakhstan: a) according to Articles 4, 5, 6, 9, 13 and 14 - Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan, 49 Abai Avenue, 473 000, Astana; phone: (3172) 32 62 77, fax: (3172) 32 16 96.0; b) according to Article 10 - Transport Control Committee of the Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan, 49 Abaya Ave., 473 000, Astana, tel. (3172) 33 83 77, fax (3172) 26 34 85 and the Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan, 81 K. Marx St., 475,000, Kokshetau, tel. (31622) 5 42 91, fax (31622) 5 06 20 From the Czech Republic: a) according to the Articles 4, 5, 6, 7, 9, 13 and 14 - Ministry of Transport and Communications of the Czech Republic 12/22 Ludwika Svobody Embankment, Prague, 11015, tel. (+4202) 514 313 75, fax 514 31 259; b) according to Article 10 - Ministry Transport and Communications of the Czech Republic 12/22 Ludwika Svobody Embankment, Prague, 11015, tel. (+4202) 514 313 75, fax 514 31 259. 2. Pursuant to this Agreement, the competent authorities of the Contracting Parties shall issue permits for scheduled or scheduled passenger transportation, issued in accordance with the established procedure. 3. Permits for the passage of motor vehicles or the carriage of goods shall be issued by the competent authorities of the Contracting Parties on a permissive basis.: a) permits to travel through the territory of the States of both Contracting Parties; b) a permit for transportation from the territory of a country of one of the Contracting Parties to a third country or from a third country to the territory of a country of one of the Contracting Parties; c) a special permit from the competent authorities of the Contracting Parties for heavy and bulky vehicles to travel through the territory of the States of the Contracting Parties; d) a special permit from the competent authorities of the Contracting Parties for the transportation of dangerous goods goods on the territory of the States of the Contracting Parties. 4. Permit forms are being prepared: By the Kazakh Side: in Kazakh, Russian and English; by the Czech Side: in Czech, English, German and French. In order to simplify the procedure for issuing permits and monitoring their execution, the Contracting Parties agreed to fill out these permits in Kazakh, Czech or Russian. Permit forms valid in the relevant calendar year must have serial numbers drawn up for the year, as well as the appropriate signatures and seals of the competent authorities. 5. On the part of the Republic of Kazakhstan, the permit forms will be certified by the Transport Control Committee of the Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan. 6. On the part of the Czech Republic, the permit forms will be certified by the Ministry of Transport and Communications of the Czech Republic. 7. The Joint Commission or the competent authorities of the Contracting Parties shall determine the required number of permit forms for the next year, which shall be exchanged by December 15 of the calendar year. The permit forms issued for the current year are valid until February 01 next year. 8. Vehicles of one Contracting Party may not enter the territory of the State of the Other Contracting Party without a permit, except in the cases specified in paragraph 2 of Article 6 and in Article 8. 9. During the exchange of permit forms, the competent authorities of the Contracting Parties will simultaneously inform each other about the status of implementation of the articles of this Agreement, changes in the legislation of the State related to international road transport, tax and customs duties, the state of transportation for the previous year, the modes of operation of border crossings, the use of permit forms and other issues aimed at improving transportation.

This Executive Protocol is drawn up in two original copies, each in Kazakh, Czech and Russian, and all texts are authentic. In case of disagreement on the interpretation of this Agreement, the Contracting Parties will be guided by the text in Russian.

Done in Prague on December 13, 1999.

For the Government For the Government of the Republic of Kazakhstan of the Czech Republic

President

Republic of Kazakhstan

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