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

The Law of the Republic of Kazakhstan dated April 21, 2016 No. 503-V SAM.

 To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Austria on International Road Transport of Goods, concluded in Vienna on October 22, 2012.

President

Republic of Kazakhstan

N. NAZARBAYEV

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

(Entered into force on July 9, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 1, art. 3)

The Government of the Republic of Kazakhstan and the Government of the Republic of Austria, hereinafter referred to as the Parties,

Desiring to regulate the transportation of goods between the two States, in particular with the aim of improving environmental conditions in the Republic of Kazakhstan and the Republic of Austria by minimizing noise and dirty emissions into the atmosphere by vehicles used,

striving to make greater use of combined cargo transportation by road,

have agreed on the following:

Article 1 Scope of application

1. This Agreement applies to international road transportation of goods between the Republic of Kazakhstan and the Republic of Austria (bilateral transportation, transit transportation, transportation to/from third countries).

2. In terms of transport carriers and types of transportation, this Agreement applies to international:

 (a) Freight transport;

 b) transportation for hire and for remuneration, including empty trips of cargo vehicles;

c) transportation at own expense, including empty trips of cargo vehicles;

(d) Combined transport.

3. Kazakhstani carriers may use combined transportation services at their discretion, and this type of transportation is not mandatory for them in the territory of the Republic of Austria.

In the case of combined transportation services used by Kazakhstani carriers, they are carried out in accordance with the national legislation of the Republic of Austria.

Article 2 Application of national legislation

Issues not regulated by this Agreement, as well as international treaties concluded by the States of the Parties, are resolved in accordance with the national legislation of the State of each Party.

Article 3 Terms and definitions

The terms used in this Agreement have the following meaning:

 1. "Carrier" means any natural or legal person registered in the territory of the State of one of the Parties and having the right to carry out cargo transportation.

 2. "Cargo vehicle" means any vehicle intended for the carriage of goods, including tractor units, road trains with a tractor unit and a semi-trailer, road trains, trailers and semi-trailers, of which at least one vehicle or tractor unit is registered in the State of one of the Parties.

3. "Combined transportation" within the meaning of this Agreement is considered to be the transportation of goods:

 a) by road freight vehicles from the sender to the nearest technically suitable terminal, if they are carried out along the shortest, accepted and economically acceptable route, and if the loading station/river port of loading (terminal) is located in one of the States (transportation to the loading point),

 b) from the loading station/river port of loading to the unloading station/river port of unloading on a railway or on a river vessel in a cargo vehicle in accordance with paragraph 2 of this article, or in replaceable containers or in a container with a length of at least 6 m (container transportation), and it is necessary to cross the state border of one of the two States of the Parties or States of both Parties,

c) by means of transport from the nearest technically suitable terminal to the recipient, if they are carried out along the shortest, accepted and economically acceptable route, and if the unloading station/river port of unloading (terminal) is located in one of the States (transportation from the unloading point).

4. "Transportation for hire and for remuneration" means transportation by freight vehicles that are carried out for the purpose of making a profit or other economic benefit.

5. "Transportation at own expense" means transportation by freight vehicles if the following conditions are met:

 a) the cargo being transported must be the property of the enterprise or it must be sold, purchased, leased, leased, manufactured, acquired, processed or improved by that enterprise;

b) transportation must be carried out in order to bring cargo to the enterprise, take it away from the enterprise, or transport it inside or outside the enterprise for their own needs;

c) cargo vehicles used for transportation must be driven by drivers who are employees of this enterprise.;

d) cargo vehicles carrying cargo must be owned by the enterprise, purchased by it in installments or leased;

e) Transportation should only be an auxiliary activity within the overall business of the enterprise.

6. "Cabotage" means the transportation of goods by carriers of the State of one Party between two points located on the territory of the State of the other Party.

Article 4 Competent authorities

In order to implement this Agreement, the competent authorities of the States of the Parties are:

from the Kazakh Side - the Ministry of Transport and Communications of the Republic of Kazakhstan;

On the Austrian Side is the Federal Ministry of Transport, Innovation and Technology of the Republic of Austria.

In the event of a change in the official name or functions of the competent authorities, the Parties shall inform each other immediately through diplomatic channels.

Article 5 Carriage requiring authorization

 1. For carrying out the transportation listed in Article 1 of this Agreement, permits issued by the competent authority of the State in whose territory the road freight transportation is carried out are required.

 2. Permits are issued in accordance with Article 10 of this Agreement, namely:

a) Universal permits (valid for bilateral, transit traffic);

b) a permit for transportation to/from third countries (valid for transportation to/from the territory of a third country from/to the territory of the State of the other Party), if the route passes through the territory of the State in which the carrier is located.

Article 6 Carriage for which permits are not required

1. Permissions are not required for:

a) mail transportation;

b) transportation of damaged or requiring repair vehicles;

d) transportation of bees and fish fry;

e) transportation of bodies or ashes of the deceased by registered special funeral organizations;

f) transportation by cargo vehicles, the maximum total permissible weight of which, including the total weight of the trailer, does not exceed 6 tons, or the maximum useful permissible load of which, including the trailer, does not exceed 3.5 tons;

(g) Transportation of goods necessary in case of emergency, in particular in case of natural disasters and for humanitarian assistance;

h) transportation of valuable goods (e.g. precious metals) in special vehicles;

(i) Transportation of spare parts for marine and inland navigation vessels, as well as for aircraft;

(j) Empty flights of cargo vehicles intended to replace cargo vehicles that have failed outside the State of registration, as well as to continue transportation by a replacement cargo vehicle on the basis of a permit issued to the disabled cargo vehicle;

j) transportation of works and objects of art for fairs and exhibitions;

l) irregular transportation of goods intended for promotional or educational purposes;

m) transportation of equipment, accessories and animals for theatrical, musical, cinematographic, sports and circus events intended for the creation of radio, films and television programs, as well as transportation of equipment, accessories and exhibits for exhibitions or fairs.

 2. The carrier must prove that the empty trip, which does not require a permit, is carried out in connection with transportation in accordance with paragraph 1 of this article. Proof of an empty trip in connection with transportation that does not require a permit in accordance with paragraph 1 of this article must be provided by means of a bill of lading.

Article 7 Content of permits

 1. With the exception of the cases provided for in Article 6 of this Agreement, a permit must be issued for each vehicle.

 2. The permission must contain the following information:

a) name and address of the carrier;

b) the state registration number of the cargo

the vehicle;

d) type of transportation (transportation for hire and remuneration, transportation at own expense, empty trip);

e) special requirements and conditions of use, if applicable;

f) the validity period.

3. The permit can only be used by the carrier in whose name it was issued, and cannot be transferred to another.

4. Authorization forms shall be sent by the competent authorities of the State of one Party to the competent authorities of the State of the other Party, who shall fill them out, with the exception of the information specified in subparagraphs (b), (c) and (d) of paragraph 2 of this article, and issue them to the appropriate carriers. The information in accordance with sub-paragraphs b), c) and d) of paragraph 2 of this article is filled in by the carrier prior to the start of the trip.

5. The completed permit must be carried on board the cargo vehicle during the entire trip and presented to the supervising officials upon request.

 6. The Joint Commission established in accordance with article 12 of this Agreement shall determine the form and languages in which permits are issued, taking into account the provisions of paragraph 2 of this article.

Article 8 Prohibition of cabotage

Coastal transportation is prohibited.

Article 9 Obligations of carriers and sanctions

1. Carriers, as well as crews of cargo vehicles of the Parties, are obliged to comply in the territory of the State of the other Party with obligations arising from international treaties to which the States of the Parties to this Agreement are parties and the national legislation of the States of the Parties.

 2. In the event of serious and repeated violations by the carrier or crews of cargo vehicles on the territory of another State of the provisions of paragraph 1 of this article, the competent authorities of the State in whose territory the cargo vehicle is registered may, at the request of the competent authorities of the State in whose territory the violation occurred, take the following measures:

 (a) To warn the carrier of the need to comply with the provisions of paragraph 1 of this article;

b) temporarily suspend the carrier from international cargo transportation covered by this Agreement;

c) stop issuing permits to the carrier.

3. The competent authorities of the Parties agree that permits issued to carriers who have repeatedly violated the provisions of this Agreement may not be recognized.

 4. The competent authorities of the States of both Parties shall inform each other of all violations of this Agreement and of the measures taken pursuant to paragraph 2 of this article.

Article 10 Procedure for approval and application of permits

1. The number of permits for 12 months is agreed upon annually during a meeting of the Joint Commission or by correspondence, taking into account the principles and criteria mentioned in the preamble to this Agreement.

2. The permits are used for one round trip. The permit is valid only for the duration of its validity and for one month following this period, unless another procedure is determined by the Joint Commission.

Article 11 Special requirements for vehicles

In order to protect the environment, it is necessary to use modern environmentally friendly cargo vehicles. The Joint Commission will prepare proposals on measures to facilitate the use of such cargo vehicles.

Article 12 Joint Commission

1. In order to properly implement the provisions of this Agreement and discuss issues related to its implementation, the Parties shall establish a Joint Commission consisting on the Kazakh side of representatives of competent authorities and associations of the Republic of Kazakhstan and on the Austrian side of representatives of competent authorities and social partnership organizations of the Republic of Austria.

2. Meetings of the Joint Commission are convened on the initiative of one of the Parties in turn on the territory of the state of each of the Parties.

3. When resolving cases related to other administrative matters, the Joint Commission may consult with representatives of other competent authorities of the States of the Parties and, if necessary, involve them to participate in a meeting of the Joint Commission.

Article 13 Entry into force, duration, termination

This Agreement shall enter into force on the thirtieth day after the date of receipt, through diplomatic channels, of the last of the written notifications from the Parties on the completion of the internal procedures necessary for its entry into force.

This Agreement is concluded for an indefinite period.

This Agreement shall terminate upon the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of the latter's intention to terminate it.

Done in Vienna on October 22, 2012, in two originals, each in the Kazakh, German and Russian languages, all texts being equally authentic.

For the Government

Republic of Kazakhstan

The Republic of Austria

 RCPI's note!  The text of the Agreement in German is attached below.

President

Republic of Kazakhstan

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