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

The Law of the Republic of Kazakhstan dated December 15, 2005 No. 106

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Sweden on International Road Transport of Passengers and Goods, concluded in Stockholm on October 25, 2004.

President of the Republic of Kazakhstan

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Sweden 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 March 12, 2006)

The Government of the Republic of Kazakhstan and the Government of the Kingdom of Sweden, hereinafter referred to as the Parties, wishing to promote, in the interests of expanding economic relations, the development of automobile passenger and freight traffic between the States of the Parties, have agreed as follows:

I. SCOPE OF APPLICATION Article 1

The provisions of this Agreement shall apply to international road transport of passengers and goods for hire, for remuneration or at their own expense between the territories of the States of the Parties, as well as transit through one of these territories. The provisions of this Agreement also apply to the transportation of passengers and cargo through the territory of the State of one Party (cabotage) and between the territories of the State of one of the Parties and a third State by vehicles registered in the State of the other Party.

II. DEFINITIONS Article 2

For the purposes of this Agreement:

1. The term "carrier" means a natural or legal person who is registered in the State of one of the Parties and is legally authorized in the State of registration to carry out international road transportation of passengers and goods for hire, for remuneration or at his own expense in accordance with national legislation.

2. The term "vehicle" means a motor vehicle or a combination of vehicles, of which at least one vehicle is registered in the State of one of the Parties and which is used exclusively for the automobile transportation of passengers and/or goods.

3. The term "passenger motor vehicle" means any power-driven vehicle with more than 9 seats, including the driver's seat.

4. The term "scheduled passenger transportation" means services in which passengers are transported at set time intervals along certain routes, and passengers are boarded and disembarked at pre-established stopping points.

Article 3

The competent authorities of the States of the Parties for the implementation of the terms of this Agreement are:  In the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan.  In the Kingdom of Sweden: a) in accordance with articles 4, 5, 6, 10, 11 and 15 of this Agreement (concerning the carriage of passengers) National Road Administration; b) in accordance with Articles 8, 9, 10, 11 and 15 of this Agreement (concerning the carriage of goods), the Swedish Customs Authorities/international transport permits; c) in accordance with articles 16, 17, 18 of this Agreement, the Government of the Kingdom of Sweden, the Ministry of Industry, Employment and Communications.

III. PASSENGER TRANSPORT Article 4

All passenger transportation for hire for remuneration or at own expense performed by passenger vehicles from the territories of the States of the Parties or in the territories of the States of the Parties, as well as transit through their territories, shall be carried out on the basis of permits, with the exception of transportation specified in Article 7 of this Agreement.

Article 5

1. Regular passenger transportation between the States of the Parties or transit through their territories is carried out on the basis of a permit issued by the competent authorities of the States of the Parties.  2. Each competent authority of the States of the Parties issues a permit for the section of the route that passes through the territory of its State.  3. The competent authorities of the States of the Parties jointly determine the conditions for granting a permit, namely its validity period, the frequency of transportation, the schedule and tariffs to be applied, as well as any other information necessary for the smooth and efficient implementation of regular maintenance.  4. An application for a permit is submitted to the competent authority of the State of registration of the vehicle, which has the right to accept or refuse to accept the application. If the application does not raise objections, such competent authority shall notify the competent authority of the State of the other Party.  5. The application must be accompanied by documents containing the necessary information (proposed schedules, fares and route, the time period for which services will be provided during the year and the date from which the services are expected to begin). The competent authorities of the States of the Parties are allowed to request from carriers such data as they may deem necessary.

Article 6

Any irregular transport not covered by Article 5 is carried out on the basis of permits. The application for a permit is sent to the competent authority of the State of the Party in whose territory the carrier is registered, which transmits this application to the competent authority of the State of the other Party with its conclusion.

Article 7

A permit is not required if the same group of persons is transported by the same vehicle in one of the following cases: (a) for sightseeing tours starting and ending in the country of registration of the vehicle, or (b) for trips starting in the country of registration of the vehicle and ending at the destination in the territory of the State of the other Party, provided that, unless otherwise permitted, the vehicle is returned empty to the country of registration, or (c) during irregular transit.  To carry out such transportation without a permit, carriers of the States of the Parties must meet the minimum environmental requirements, which are determined by the Joint Commission.

IV. FREIGHT TRANSPORT Article 8

1. Transportation of goods by motor vehicles between the States of the Parties or transit through their territories is carried out on the basis of a permit issued by the competent authorities of the States of the Parties.  2. A separate permit is issued for each carriage, giving the right to perform one round trip, unless otherwise specified in the permit itself.  3. The competent authorities of the States of the Parties annually exchange a mutually agreed number of permit forms. These forms must have the signature of the responsible person and the seal of the competent authority that issued the permit.  4. The Parties will take measures aimed at facilitating the use of such vehicles that meet the minimum environmental requirements established by the Joint Commission.

Article 9

A carrier registered in the territory of the State of one Party may not transport goods between two points in the territory of the State of the other Party unless a permit is issued by the competent authority of the State of the other Party.

V. GENERAL PROVISIONS Article 10

The carrying out of a transport operation by a carrier of one of the States of the Parties from the territory of the State of the other Party to any third country or vice versa is prohibited, unless the competent authority of such State of the other Party grants permission for this purpose.

Article 11

1. With regard to the weight and dimensions of vehicles, each Party undertakes not to apply to vehicles registered in the territory of the State of the other Party conditions that are more restrictive than those that apply to vehicles registered in the territory of its State. 2. The weight and dimensions of the vehicle must correspond to the data specified in the official vehicle registration documents. 3. Carriers of the State of one of the Parties are obliged to comply with the national legislation of the State of the other Party regarding the weight and dimensions of vehicles when entering the territory of the State of this Party. 4. If the weight and/or dimensions of a vehicle registered in any of the States of the Parties exceed the permissible maximum weight and/or dimensions in the territory of the State of the other Party, a special permit is required. The carrier must obtain such a permit from the competent authority of the State of that Party before entering the territory of its State.

Article 12

1. Vehicles of the State of one Party engaged in transportation in accordance with this Agreement in the territory of the State of the other Party shall be exempt from all taxes, fees and other charges levied in such territory for the use and possession of vehicles. 2. The exemptions specified in this Article do not apply to toll road fees, motor vehicle usage tax and value added tax, which are levied in accordance with the national laws of the States of the Parties, as well as customs and excise duties on fuel from vehicles, with the exception of fuel contained in standard fuel tanks installed in vehicles..

Article 13

Carriers and crews of their vehicles, when carrying out transportation in the territory of the State of the other Party, must comply with the national legislation in force in that State.

Article 14

Issues not regulated by this Agreement, as well as international treaties to which the States of the Parties are parties, are resolved in accordance with the national laws of the States of the Parties.

Article 15

If a carrier registered in the State of one Party, while in the territory of the State of the other Party, violates any provision of this Agreement, the competent authority of the State of the Party in whose territory the violation occurred must, without prejudice to any legislative sanction applied in the territory of its State, notify the competent authority of the State of the other Party, which will such measures as are provided for by the national legislation of his State. The competent authorities of the States of the Parties shall inform each other of the sanctions applied.

Article 16

To resolve problems and issues related to the application of this Agreement that cannot be resolved by direct agreement of the competent authorities of the States of both Parties, a Joint Commission is formed from representatives of the competent authorities of the States of the Parties. Meetings of the Joint Commission are held at the request of one of the Parties.

Article 17

Any amendment to this Agreement approved by both Parties shall enter into force on the date on which the Parties inform each other in writing of their compliance with the relevant constitutional requirements.

Article 18

1. This Agreement shall enter into force on the 30th day after the Parties inform each other in writing about the fulfillment by the Parties of the relevant constitutional requirements necessary for the entry into force of this Agreement.  2. This Agreement remains in force indefinitely, unless either Party notifies the other Party in writing through diplomatic channels six months in advance of its intention to terminate it.  In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in Stockholm on October 25, 2004, in two originals, each in the Kazakh, Swedish, 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  Kingdom of Sweden

President

Republic of Kazakhstan

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