On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Hellenic Republic on International Road Transport of Passengers and Cargo

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

The Law of the Republic of Kazakhstan dated November 18, 2003 N 498

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Hellenic Republic on International Road Transportation of Passengers and Cargo, concluded in Almaty on June 26, 2002.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Hellenic Republic on international road transportation of passengers and cargo

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on September 26, 2005)

The Government of the Republic of Kazakhstan and the Government of the Hellenic Republic, hereinafter referred to as the Parties, wishing to promote international cooperation in the field of road transport between the States of the Parties and transit traffic through their territories; based on the principles of liberalization in the field of road transport and mutual benefit, have agreed as follows:

Article 1 Scope of application

The provisions of this Agreement shall apply to: 1. Automobile transportation of passengers and goods between the territories of the States of the Parties, transit traffic through their territories, as well as transportation from/to third countries. 2. The passage of an empty motor vehicle in connection with the transportation referred to in paragraph 1 of this Article.

Article 2 Definitions

For the purposes of this Agreement: 1. The term "carrier" means a natural or legal person registered in the territory of the State of one of the Parties, which has the right to transport passengers and goods by road in accordance with the national legislation of its State. 2. The term "motor vehicle" means: a) when transporting goods: any motor vehicle with a mechanical drive or a combination of vehicles, where 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; b) when transporting passengers: any motor vehicle with a mechanical drive registered in the territory of the State of one of the Parties, which, by its design and equipment, is suitable for transporting passengers in the amount of more than nine seats, including the driver. 3. The term "transit" means the transportation of passengers and/or goods by a motor vehicle registered in the territory of the State of one Party crossing the territory of the State of the other Party. 4. The term "transportation from/to third countries" means the transportation of goods by a motor vehicle registered in the territory of the State of one Party, between points, one of which is located in the territory of the State of the other Party, and the other in the territory of a third State. 5. The term "transportation at own expense" means: a) transportation using motor vehicles owned by the carrier or leased by it on the basis of a long-term contract or acquired on lease and managed by employees of the enterprise of a member of the association; b) transportation, which is only an additional type of activity in the context of all other types of activities of the enterprise or association; c) transportation of either goods that are owned by the enterprise or association, or have been sold, bought, leased, produced, mined, recycled or repaired by the enterprise, while the purpose of transportation is to transport goods to or from the enterprise or to transport them for their own needs; c) either employees of an enterprise or members of an association engaged in non-profit activities for whom transportation is part of their social security activities. 6. The term "Regular transportation" means the transportation of passengers by buses according to a certain schedule and along a certain route, during which passengers can board and disembark at designated stopping points. Regular transportation is carried out according to established schedules and fares. 7. The term "Pendulum transportation" means transportation of pre-formed groups of passengers, carried out repeatedly in the forward and reverse directions, from the same point of departure to the same destination, located on the territory of the two States, respectively. When traveling in the forward direction, each group of passengers returns back to the point of departure during the last trip. a) When performing pendulum transportation, passengers are prohibited from boarding and disembarking during the entire trip.; b) When performing a series of pendulum transportations, the first trip "back" and the last trip "there" are carried out empty; c) Regular and pendulum transportations and the conditions for their performance are determined in accordance with a mutual agreement between the competent authorities directly, or on the basis of decisions taken by a Joint Commission established in accordance with Article 14. this Agreement. 8. The term "irregular transportation" means: (a) Closed-door travel, i.e. transportation in which the same vehicle is used to transport the same group of passengers during the entire trip (transportation) starting and ending in the territory of the State where the vehicle is registered; b) transportation in which the vehicle is sent with passengers and returns empty; c) transportation in which a trip is performed without passengers, and back with passengers taken at the same point in the territory of the State where this vehicle is not registered, provided that the passengers: (1) constitute a group in accordance with the contract of carriage signed prior to arrival in the territory of the State of the other Party, where the group is picked up and transported outside this territory, or, (2) which were previously brought to the territory of the other Party's State by the same carrier in accordance with subparagraph (b) of paragraph 2 of this Article., from where they are subsequently collected and transported to the territory of the carrier's State of registration; (3) who have been invited to travel to the territory of the other Party's State, while the costs of transportation are borne by the inviting person. 9. The term "Permit" means a document issued by the competent authority of one of the Parties and allowing transportation from/to or through the territory of the State of the other Party. 10. The term "Special permit" means a document issued by the competent authority of the State of one Party and allowing for the following: a) transportation from/to third countries; b) transportation of goods by a motor vehicle exceeding the maximum permissible weight and dimensions.

Article 3

In order to implement this Agreement, the competent authorities of the Parties are: - for the Republic of Kazakhstan - the Ministry of Transport and Communications - for the Hellenic Republic - the Ministry of Transport and Communications.

I. Passenger transportation

Article 4

For the purpose of passenger transportation, this Agreement applies to passenger transportation carried out by passenger vehicles for a fee and remuneration, or at their own expense, between the territories of the States of the Parties and transit through their territories. This provision applies to the empty passage of passenger vehicles used for these transportations.

Article 5 Market access

1. Regular and pendulum transportation requires a permit. 2. Permits must be issued to the company carrying out the transportation. They cannot be transferred to a third party. However, a carrier who has received a permit may carry out transportation through a subcontractor. 3. The validity period of a permit for regular transportation should not exceed three years and should not be less than one year, and for pendulum transportation should not exceed one year. 4. Permits must contain the following information: a) type of transportation, b) route of transportation indicating the points of departure, destination and border crossing, c) validity period of the permit, d) accompanying permits, including: - timetable, - route map, - tariffs, e) for regular transportation - stops and the corresponding timetable. The mentioned documents must be approved and executed by the competent authorities of the Parties. 5. Applications for permits are submitted to the competent authorities of the Parties in whose territory the vehicle is registered. If no objections arise, the said authority shall contact the competent authority of the other Party. If the latter agrees, each competent authority of the Parties must issue a permit for that part of the route that falls within the territory of its State. 6. Applications in duplicate must contain data that meets the requirements of the national legislation of the States of the Parties, as well as a route diagram (route map) indicating stops and the length of the route in kilometers. The competent authorities of the Parties have the right to request from carriers any relevant data that they deem possible to provide. 7. During the entire trip, a copy of the permit approved and issued by the competent authority of the State of one Party, or its original, must be on board a vehicle registered in the territory of the State of the other Party. 8. Permits must comply with the prescribed form attached to this Agreement. The Joint Commission referred to in Article 14 of this Agreement has the right to amend this form. 9. Regular transportation is approved and can be carried out from the moment when the competent authorities of both Parties exchange the relevant permits with all necessary appendices. 10. No permit is required to replace a defective bus, as well as for traveling vehicles without passengers carrying out transportation in accordance with Article 4 of this Agreement.

Article 6

1. Irregular transportation in accordance with paragraph 8 of Article 2 of this Agreement should be exempt from the need to obtain permits in the territory of the State of the Party where this vehicle is not registered. 2. Irregular transportation must be carried out in the presence of an identity document. 3. The certifying document must consist of transportation documents. 4. The transportation document must contain the following information: a) type of transportation, b) (main) route, c) designated carrier(s), d) complete passenger list. 5. A set of transportation documents must be issued by the competent authorities of the Parties in the territory of the State in which the vehicle is registered, or by the authorities designated by these competent authorities. 6. According to subparagraph (b) (1) of paragraph 8 of Article 2 of this Agreement, a copy of the contract of carriage is required. 7. No permit is required to replace a defective bus, as well as for traveling vehicles without passengers carrying out transportation in accordance with Article 4 of this Agreement.

Article 7

1. Regular transportation during transit transportation is carried out on the basis of permits issued by the transit State after submitting a written application with all necessary appendices by the competent authorities of the Party granting permission for regular transportation. The validity period of these permits is from 1 to 3 years, and they must be provided free of charge. 2. During transit transportation, passengers are prohibited from boarding and disembarking during the entire flight until the Parties agree otherwise at a meeting of the Joint Commission in accordance with Article 14 of this Agreement. 3. Transit through the territory of the State of one Party in the case of irregular transportation by a motor vehicle registered in the territory of the State of the other Party is subject to exemption from any permit.

Article 8

To carry out passenger transportation at their own expense, a permit issued by the competent authorities of the Parties is required.

Article 9

During the first three months of each calendar year, scheduled carriers must send to the competent authorities of their State the following data for the previous year: a) number of trips and kilometers; b) number of passengers. The competent authorities of the Parties should exchange the above-mentioned data.

II. Cargo transportation

Article 10

1. Carriers registered in the territory of the State of one Party have the right to carry out international road transportation of goods between the territories of the States of the Parties for hire and remuneration (bilateral transportation), as well as through their territories to other states (transit transportation), on the basis of permits issued by the competent authorities of the other Party. 2. According to paragraph 1 of Article 10 of this Agreement, there should be no restrictions on the number of permits issued. 3. In respect of international road transport carried out by carriers of the State of one Party departing from the territory of the State of the other Party to a third State and vice versa, a special permit must be issued by the competent authorities of the Party from which or to which the transport is carried out. These special permits should only be used by those carriers in whose name the permits were issued, and they cannot be transferred to a third party. The authority to issue such types of permits, as well as their number, should be determined by the Joint Commission referred to in Article 14 of this Agreement.

Article 11

The type of permits referred to in Article 10 of this Agreement must be determined by the competent authorities of the Parties directly or on the basis of conclusions approved by the Joint Commission in accordance with Article 14 of this Agreement.

Article 12

In accordance with paragraph 1 of Article 10 of this Agreement, the competent authorities of the Parties annually exchange the required number of permits, through diplomatic channels or in accordance with the procedure determined by the Joint Commission in accordance with Article 14. According to Article 14 of this Agreement, during the initial period of implementation of the provisions of this Agreement prior to the first meeting of the Joint Commission, both Parties agree to meet the need for bilateral and transit cargo transportation, which they inform their respective competent authorities through diplomatic channels.

Article 13

Notwithstanding the provisions of Article 10 of this Agreement, permits are not required to carry out transportation in the following cases: 1) When transporting goods from or to an airport in case of an emergency, or in case of any aircraft accident, or in case of an emergency landing due to changes in course or in emergency cases, as well as in the case of flight cancellation; 2) Defective motor vehicle or its trailers; 3) Remains or urns with ashes of the deceased; 4) Personal property when moving from one place to another in special vehicles; 5) Mail; 6) Exhibits for fairs and exhibitions; 7) Equipment and other accessories for theatrical, musical and other cultural events, circus and cinematographic screenings, and for recording radio broadcasts, film and television filming; 8) Bodies of fallen animals, if they did not fall due to the consumption of industrial waste; 9) Bees and fish fry; 10) Flowers and other ornamental plants; 11) Medicines, or any other materials intended to provide assistance in case of disasters caused by natural phenomena; 12) Vehicles providing technical assistance or repair of a defective vehicle (technical repair vehicles); 13) Vehicles for the evacuation of another defective vehicle located on the territory of the other Party; 14) Items and materials used for advertising and training. In order to carry out the road transportation provided for in this article, the driver must have all the necessary documents that confirm the performance of transportation in accordance with the above cases.

III. General provisions

Article 14

A Joint Commission is established to resolve all issues related to the implementation and application of this Agreement. This Commission should consist of representatives of government agencies of the Parties, who may invite representatives of the automotive industry to meetings. The Joint Commission meets once a year or at the request of either Party, alternately in the territory of the State of each Party. The agenda of the meeting is submitted by the host party, or requested at least two weeks before the meeting. Each meeting ends with the adoption of a Protocol signed by the Co-Chairs of the Joint Commission. The Joint Commission determines the time frame, the method of data exchange and all other relevant information.

Article 15

1. The permits required under this Agreement, as well as other transportation documents, must be in the vehicle during all trips provided for in this Agreement and, upon request, presented for verification to the regulatory authorities of the States of the Parties. 2. Motor vehicles whose dimensions and weight do not exceed the permissible dimensions and weight parameters operating in the territories of the States of the Parties are allowed to carry out international road transport under this Agreement. When transporting goods by motor vehicles, the weight and dimensions of which exceed the standards established in the territory of the State of the other Party, the carrier must obtain a special permit from the competent authorities of that Party.

Article 16

1. Carriers of the State of one Party are obliged, while on the territory of the States of the other Party, to fulfill obligations arising from multilateral agreements to which the States of the Parties are parties, from the provisions of this Agreement, as well as national legislation. 2. While reserving the right of criminal prosecution, the competent authorities of the country of registration may, in the event of serious or repeated violations committed on the territory of the host country and at the request of the latter, take the following measures: - to issue a warning; - prohibit entry into the territory of the State of the party where the violation(s) was committed. In particularly serious cases, the competent authorities of the host country may temporarily ban entry, pending a decision by the authorities in the country of registration. The competent authorities of the States of both Parties shall notify each other of the measures taken.

Article 17

When performing transportation on the basis of this Agreement, the following are mutually exempt from customs duties and duties levied in connection with the importation into the territory of the other Party's state: 1) fuel contained in the main tanks provided for the corresponding vehicle model, technically and structurally connected to the engine power supply system; 2) lubricants in quantities necessary for normal operation during transportation; 3) spare parts and tools intended for the repair of a motor vehicle performing international transportation; unused spare parts, as well as replaced spare parts, must be removed from the country, or destroyed, or must be handled in accordance with the procedure established in the territory of the State of the relevant Party.

Article 18

For transportation subject to the terms of this Agreement, only fees and taxes levied for the use of the road network or bridges must be paid in the territory of the State of the other Party. The amount of fees and taxes is the same for both resident and non-resident carriers.

Article 19

1. Carriers of the State of one Party and the crews of their vehicles during their stay in the territory of the State of the other Party must comply with the legislation in force on the territory of that State. 2. Drivers of vehicles of the States of the Parties must have a driver's license corresponding to the category of the vehicle they drive and complying with the requirements of the Convention on Road Traffic, done in Vienna on November 8, 1968, and a registration certificate for the vehicle.

Article 20 Insurance

Motor vehicles of the States of the Parties performing international transportation must have an insurance policy that is valid both in the territories of the transit States and in the territory of the destination State.

Article 21 Cabotage

Cabotage of passengers and cargo by road is prohibited.

Article 22 Customs and sanitary control

The provisions of the national legislation of the States of the Parties, as well as the provisions of international treaties to which both Parties are parties, apply to customs and sanitary control. The above-mentioned control is carried out, if possible, as a matter of priority in the case of transportation of patients, animals, perishable and dangerous goods.

Article 23 Technical control of motor vehicles

Any motor vehicle of the State of the Party performing bilateral or transit transportation, or transportation from/to third countries, on the territory of the State of the other Party must have a valid document confirming compliance of its technical condition with the requirements of standards applicable in the field of road safety. The authorized bodies of the Party on whose territory the transportation is carried out may require technical control of the condition of the vehicle of the other Party. Any vehicle of the State of the Party performing bilateral or transit transportation, or transportation from/to third countries, on the territory of the other Party, carrying dangerous goods, must have all the documents provided for The European Agreement on the International Carriage of Dangerous Goods by Road (ADR).

Article 24

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. This Agreement is concluded for a period of one year, with an extension for subsequent one-year periods, and will remain in force until one of the Parties notifies the other Party in writing of its intention to terminate it at least 6 months before the expiration of this Agreement.

Article 25

If necessary, amendments and additions to this Agreement are made, the Parties conclude a new Agreement to replace this one. Done in Almaty on June 26, 2002, in two original copies in Kazakh, Greek, Russian and English, all texts are equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text. In witness whereof, the undersigned, duly authorized, have signed this Agreement.

For the Government For the Government of the Republic of Kazakhstan of the Hellenic Republic

Ministry of Transport and Communications _________________________

Permit form N for regular transportation

Performed by a vehicle between countries that are not members of the European Community, issued in accordance with the Order of the Ministry N to fulfill the conditions and procedures necessary to obtain permits issued for regular bus transportation between countries outside the European Community. To: (Last name and first name or the name of the company or enterprise)

Address: bodys: fax number:

Last name, first name, address, phone number and fax number of partners or employees of the company and subcontractors.

1) _________________________________________ 2) _________________________________________ 3) _________________________________________ 4) _________________________________________ 5) _________________________________________

The list can be expanded.

Validity period Signature and seal ______________ authorized body (or (Place and date of issue) the institution) that issues the permit ______________ ___________________

(second page of the permission form N_______)

1. Name of the route: a) departure point: b) destination: c) main route with stops for boarding and disembarking passengers (underlined): 2. The validity period of the schedule: ______________________________ 3. Frequency:___________________________________________ 4. Schedule (in the form of an attached table):___________ 5. The main type of services provided: - passenger transportation: 6. Special conditions and additions: The license plate of the vehicle to be used for transportation is below: _____________________________ ( seal of the authority issuing the permit)

Notes:

1. This permit is valid for the duration of the trip. It can be used by a carrier whose name is not specified in the permit. 2. The original permit form or its certified copy issued by the competent authorities must be with the driver of the vehicle during the entire trip and presented to them at the first request of the staff of the transport control authority. 3. The authority issuing the permit has the right to increase the number of transport companies for joint operation of the route with its stable operation.

I hereby certify the accuracy of this copy of the original Agreement between the Government of the Republic of Kazakhstan and the Government of the Hellenic Republic on International Road Transportation of Passengers and Cargo dated June 26, 2002.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

(RCPI note: the following text is in English, see the paper version)

President

Republic of Kazakhstan

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