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

Law of the Republic of Kazakhstan dated July 2, 2003 No. 456

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain on International Road Transport of Passengers and Goods, concluded in Madrid on October 30, 2000.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain 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 February 10, 2008)

The Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain, hereinafter referred to as the "Contracting Parties", guided by the need to further develop cooperation between States in the field of international road transport, seeking to facilitate the implementation of road transport between the two States, as well as transit through their territories, wishing to resolve these issues in the spirit of mutual assistance, cooperation and mutually beneficial benefits, agreed on as follows:

Scope of application Article 1

1. The provisions of this Agreement shall apply to international automobile transportation of passengers and goods between the Republic of Kazakhstan and the Kingdom of Spain, transit transportation through their territories, as well as transportation to or from third countries by motor vehicles registered in the territory of the States of the Contracting Parties. 2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international treaties to which the States of the Contracting Parties are parties.

Definitions Article 2

In this Agreement: 1. The term "carrier" means any natural or legal person registered in the territory of a State of one of the Contracting Parties and authorized by the State of that Contracting Party to carry out international road transportation of passengers and goods for a fee or rent in accordance with the national legislation in force in the territory of the State of that Contracting Party. 2. The term "cargo motor vehicle" means a motor vehicle or a dual combination of motor vehicles (motor vehicles with a trailer, where the motor vehicle is registered), which is registered in the territory of one of the States of the Contracting Parties and is used exclusively for road transportation of goods. 3. The term "passenger motor vehicle" (bus) means any motor vehicle with a mechanical drive, with a number of seats for passengers exceeding 9, including the driver's seat. 4. The term "regular passenger transportation" means the transportation of passengers by buses according to a specific schedule, along a specific route, during which passengers can board and disembark at designated stops. 5. The term "irregular passenger transportation" means all other passenger transportation by buses that are not regular.

Passenger transportation Article 3

Regular passenger transportation between the territory of the State of one of the Contracting Parties where the passenger vehicle used is registered and the territory of the State of the other Contracting Party (two-way communication), as well as transit communication through the territory of the State of one of the Contracting Parties, is carried out on a permissive basis.

Article 4

1. Permits for regular passenger transportation by buses are issued by mutual agreement of the competent authorities of the States of the Contracting Parties. 2. The competent authority of the State of each of the Contracting Parties issues a permit for that part of the route that passes through the territory of its State. 3. The competent authorities of the States of the Contracting Parties jointly determine the conditions of the permit, namely, its validity period, frequency of transport operations, schedule and applicable tariffs, as well as any other details necessary for the smooth and efficient implementation of regular passenger transportation. 4. Applications for permits are sent to the competent authorities of the State of registration of the vehicle, which have the right to accept or reject them. If the application does not raise any objections, these competent authorities shall notify the competent authorities of the State of the other Contracting Party. 5. The application must include all the documents containing the necessary details, such as the proposed schedule, fares, routes, the period and time of the year during which flights will be operated, and the date on which transportation is scheduled to begin. The competent authorities of the States of the Contracting Parties may require additional data that they deem necessary.

Article 5

1. Permits for irregular passenger transportation, including transit, are not required in cases where: 1) transportation is carried out "with closed doors", when the same bus is used to transport the same group of passengers during the entire trip, takes them out of the territory of the receiving party; the place of departure must be at the territory of the State of the Contracting Party in which the carrier is registered; 2) "empty return" transportation, carried out one-way with passengers on board, and in the opposite direction - without passengers, while the departure point is located in the territory of the State of the Contracting Party where the carrier is registered; 3) "empty entry" transportation, carried out one-way without passengers on board, with all passengers boarding at the same place, provided that one (or more) of the following requirements is met: - passengers form a group in accordance with the transportation contract signed prior to arrival at the territory of the State of the other Contracting Party, where the group is picked up and transported outside this territory; - passengers who were previously brought to the territory of the State of the other Contracting Party by the same carrier in accordance with subparagraph 2) of this Article, from where they are subsequently picked up and transported to the territory of the State of the Contracting Party where the vehicle is registered; - passengers who have been invited to travel to the territory of the State of the other Contracting Party, while the cost of transportation is borne by the inviting person; such passengers must form a homogeneous group; - the passage of empty buses, which are used exclusively to replace damaged and technically defective buses during international transportation covered by this Agreement. 2. In the cases specified in paragraph 1 of this Article, the driver must have in the vehicle a duly completed traffic list, which contains a list of passengers. The travel document must have the signatures and seals of the carrier during all trips specified in the above-mentioned paragraphs, based on an agreement reached by the Joint Commission in accordance with the national legislation of the States of the Contracting Parties. 3. Transportation performed without passengers on board and subject to the provisions of subparagraph 3) of paragraph 1 of this Article must be carried out if there are documents on board confirming transportation in each specific case (transportation contract, a travel document for a trip in one direction with passengers on board, a previous trip in the opposite direction without passengers on board, or an invitation).

Article 6

Permits are required for any irregular passenger transportation not provided for in Article 5 of this Agreement. Applications for permits must be submitted to the competent authorities of the State of the Contracting Party in whose territory the carrier is registered. The competent authorities of the State of this Contracting Party shall forward these applications with their recommendations to the competent authorities of the State of the other Contracting Party. Applications are considered within 30 days. The applications include the name of the carrier, the validity period of the required permit, and the points of departure and destination. The Joint Commission established in accordance with Article 15 of this Agreement shall establish the application form.

Cargo transportation Article 7

1. For all international transportation of goods to and from the territory of a State of one of the Contracting Parties carried out by a motor vehicle registered in the territory of the State of the other Contracting Party, permits must be obtained, except in cases where the Joint Commission established pursuant to Article 15 decides otherwise. 2. Permits allow carriers registered in the territory of the States of the Contracting Parties to enter, exit and travel through the territories mentioned above. Permits are issued by the competent authorities of the States of the Contracting Parties in whose territory the vehicle is registered. 3. In order to facilitate the issuance of permits, the competent authorities of the States of the Contracting Parties exchange the agreed number of permits on a parity and mutually beneficial basis. The permits must have signatures and seals. 4. The Joint Commission established in accordance with Article 15 determines the types of permits to be exchanged and intended for one round trip.

Article 8

1. The permits referred to in Article 7 of this Agreement are not required for the transportation of: 1) items or materials intended exclusively for training, fairs and exhibitions; 2) equipment and accessories for theatrical, musical, cinematographic, sports and circus events, as well as for recording radio broadcasts, film and television filming; 3) damaged cargo vehicles (return delivery); 4) corpses, urns with ashes of the deceased; 5) cargo on cargo vehicles, the maximum permissible total weight of which, including the total weight of the trailer, does not exceed six tons, or the maximum permissible payload of which, including the payload of the trailer, does not exceed three and a half tons; 6) medicines, medical equipment and equipment, as well as other items intended for the provision of assistance in emergency situations and natural disasters; 7) animals (for circus and sporting events); 8) property during population migration (household furniture and utensils); 9) postal items; 10) humanitarian supplies. 2. Subitems 1), 2) and 7) of paragraph 1 of this Article are valid only in case of re-export of the items specified therein or subsequent transportation to third countries.

General provisions Article 9

Carriers of the State of one Contracting Party are prohibited from transporting passengers and goods between two points located on the territory of the State of the other Contracting Party.

Article 10

1. With regard to the weight and dimensions of motor vehicles, each Contracting Party undertakes not to impose more stringent conditions for vehicles registered in the territory of the State of the other Contracting Party than those established for vehicles registered in the territory of its State. 2. The weight and dimensions of the vehicle must correspond to the official registration of the vehicle. 3. In cases where the weight and/or dimensions of a motor vehicle registered in the State of one of the Contracting Parties exceed the permissible maximum parameters of weight and/or dimensions operating in the territory of the State of the other Contracting Party, special permits are required. 4. The driver of a motor vehicle must have a national or international driving license corresponding to the category of vehicle he drives, and national registration documents for motor vehicles that comply with the requirements of the United Nations Economic Commission for Europe Convention on Road Traffic, done in Vienna on November 8, 1968.

Article 11

The following items are exempt from customs duties, customs clearance fees and taxes applied upon importation, imported in a motor vehicle into the territory of the State of a Contracting Party: - fuel contained in the fuel tanks of motor vehicles at the time of entry into the territory of the State of the other Contracting Party, if the fuel tanks are provided by the manufacturer for the corresponding model of the vehicle, as well as fuel, located in a trailer or semi-trailer, which is necessary for the operation of refrigeration units; - lubricants in quantities necessary for normal consumption during transportation; - spare parts and tools necessary for the repair of a vehicle that has failed during international road transport. 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 Contracting Party.

Article 12

Transportation performed under this Agreement in the receiving State is not exempt from taxes and fees levied for the use of a network of roads or bridges on the basis of the principle of non-discrimination.

Article 13

Carriers and crews of their vehicles, when carrying out transportation in the territory of the State of the other Contracting Party, are obliged to comply with the national legislation in force in the territory of the State of this Contracting Party, as well as the provisions of international treaties to which the States of the Contracting Parties are parties.

Article 14

If a carrier of one of the States of the Contracting Parties violates the provisions of this Agreement in the territory of the State of the other Contracting Party, the competent authorities of the State of the Contracting Party in whose territory the violation occurred, while reserving the right to any legal sanction applied in their territory, notify the competent authorities of the State of the other Contracting Party of the violation, which takes the measures provided for by its national legislation. The competent authorities of both States of the Contracting Parties shall notify each other of the measures they have taken.

Article 15

1. In order to resolve all issues related to the implementation and application of this Agreement, the Contracting Parties will establish a Joint Commission consisting of representatives of the competent authorities of the States. The competent authorities of the States of the Contracting Parties for the application of this Agreement are: in the Republic of Kazakhstan: the Ministry of Transport and Communications of the Republic of Kazakhstan. In the Kingdom of Spain, there is the Ministry of Development, the General Directorate for Road Transport. The Contracting Parties will notify the competent authorities about the changes. 2. Meetings of the Joint Commission shall be held on the proposal of the competent authorities of the State of one of the Contracting Parties. 3. The Joint Commission, if necessary, shall develop, with the participation of other competent authorities, proposals to amend or bring this Agreement into line with the amendments and additions made to the legislation of the States of the Contracting Parties. The Contracting Parties will resolve all disputes that may arise in connection with the interpretation and application of the provisions of this Agreement through consultations and negotiations of the Joint Commission.

Article 16

Any amendments to the provisions of this Agreement agreed upon by the Contracting Parties shall enter into force after written notification through diplomatic channels of the completion of the internal procedures of each of the Contracting Parties.

Article 17

This Agreement shall enter into force 30 days after the Contracting Parties mutually notify each other in writing through diplomatic channels of the completion of their domestic procedures for the entry into force of this Agreement.

Article 18

This Agreement is concluded for an indefinite period and will remain in force until the expiration of 6 months from the date when one of the Contracting Parties sends a written notification to the other Contracting Party of its intention to terminate it.

Done in Madrid on October 30, 2000, in two originals, each in the Kazakh, Spanish, Russian and English languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the English text will prevail.

For the Government For the Government of the Republic of Kazakhstan Kingdom of Spain

(Note by RCPI. The text of the Agreement in English is attached below)

President

Republic of Kazakhstan

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