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

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The Law of the Republic of Kazakhstan dated October 24, 2001 N 250

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on International Road Transport, concluded in Astana on July 15, 1999.

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

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on February 22, 2004)

The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova, 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 their two States, as well as transit through the territories of their States, wishing to resolve these issues in the spirit of mutual assistance, cooperation and mutual benefit, decided to conclude this Agreement:

Part I Scope and definition of concepts

Article 1 1. By this Agreement, the Contracting Parties regulate international passenger and cargo transportation between the Republic of Kazakhstan and the Republic of Moldova, transit through their territories, as well as to or from third countries, performed by vehicles registered in one of the States of the Contracting Parties. 2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from concluded international agreements, treaties and rules that are binding on them.

 Article 2 In this Agreement: "Carrier" means any natural or legal person registered in the territory of a State of one of the Contracting Parties and authorized by these States to carry out road transport for a fee or at their own expense in accordance with the applicable national laws of the States of the Contracting Parties. "Motor vehicle" - when transporting passengers means a bus or any road vehicle with a mechanical drive designed to transport passengers, the number of seats of which, according to technical requirements, including the driver's seat, is more than 9, as well as a trailer for transporting personal luggage; - when transporting goods means any motor vehicle a power-driven vehicle designed for the transportation of goods, or a motor vehicle converted according to technical requirements, including trailers and semi-trailers. The tractor of the road train must be registered in the State of one of the Contracting Parties. "Regular passenger transportation by bus" is transportation carried out with a certain frequency of movement, along certain routes, during which passengers board and disembark at pre-determined stops. Regular transportation of passengers by buses must be carried out according to a pre-determined schedule and fare. "Irregular transportation of passengers by buses" is transportation, in two-way or transit traffic: a) carried out by a motor vehicle carrying the same group of passengers along the entire length of the route and delivering it to the point of departure; b) when a group of passengers, whose personnel remains unchanged, is transported from the state of registration of the vehicle to another country, and the vehicle is returned empty. "Pendulum transportation of passengers by bus" is a recurring transportation during which a pre-formed group of passengers is transported from one point of departure to one destination, while the bus returns empty after the first transportation and goes empty to the territory of the State of the other Contracting Party before the last transportation. "Coastal transportation" is transportation performed by a carrier of the State of one Contracting Party between two points located on the territory of the State of the other Contracting Party.  

Part II Passenger transportation

Article 3 1. Transportation of passengers by buses in accordance with this Agreement will be carried out on the basis of permits, with the exception of transportation specified in paragraph 3 of this Article. 2. Regular passenger transportation by buses must be carried out on the basis of permits, which are issued by mutual agreement by the competent authorities 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 the territory of its State. The competent authorities of the Contracting Parties, on the basis of a common agreement, establish the conditions of the permit, in particular, the validity period of the permit, the route, the timetable and the applicable tariffs. 3. A permit is not required to carry passengers by bus: a) if a group of the same personnel is transported on the same bus throughout the entire trip, which begins and ends in the territory of the State of the Contracting Party where the bus is registered, and during such a trip the personnel of passengers remains unchanged; b) if a group of the same personnel is transported on the same bus in the same direction throughout the trip, starting in the territory of the State of one Contracting Party in which the bus is registered and ending in the territory of the State of the other Contracting Party, provided that the bus returns empty after transportation; c) in case of irregular traffic during transit traffic. With the exception of regular flights, a passenger list is required. 4. The replacement of a defective bus by another bus suitable for operation by the carrier does not change the nature of the transportation specified in paragraph 3 of this Article.  

Article 4 1. The application for a permit and the permit itself for the regular carriage of passengers by buses shall be sent through the competent authorities of the Contracting Parties. 2. The content and form of the application, as well as the permits, are determined by the competent authorities of the Contracting Parties.  

Article 5 In order to carry out pendulum transportation, a permit from the competent authority of one of the Contracting Parties is required at the request of the other Contracting Party. Carriers submit an application for pendulum transportation to the competent authorities of their States, which, having considered this request, send their request to the competent authority of the other Contracting Party.  

Article 6 For entry into the territory of the State of the other Contracting Party by empty buses, a separate permit from the competent authority is required, except in the case provided for in paragraph 4 of Article 3.  

Part III Cargo transportation

Article 7 1. Transportation of goods between the territories of the States of the Contracting Parties, transit through their territories, as well as transportation of goods to or from third countries are carried out on the basis of permits issued by the competent authorities of the States of the Contracting Parties. 2. A separate permit must be issued for each flight and for each truck or road train. Each permit entitles you to make one round trip. A permit is also required for empty vehicles. When transporting by road train, a permit is required only for the tractor. There are two types of permits: a) universal (bilateral / transit) permits, on the basis of which transportation is carried out between the territories of the States of the Contracting Parties, as well as through the territory of the State of the other Contracting Party; b) permits to /from third countries, on the basis of which transportation is carried out from the state of the other Contracting Party to a third state or from a third the territory of the State of the other Contracting Party. 3. The types of permits specified in paragraph 2 of this Article may be: a) paid - with payment of road taxes and fees; b) free - without payment of road taxes and fees. 4. The competent authorities of the States of the Contracting Parties will annually determine at the meetings of the Joint Commission defined in paragraph 1 of Article 15 of this Agreement, the contingent of mutually issued permits on the basis of parity. 5. A transportation permit may be used only by the carrier to whom it was issued and cannot be transferred to another person. 6. Permits for cargo transportation are issued by the competent authority of the State where the cargo vehicle is registered. 7. The competent authorities of the Contracting Parties shall transmit to each other the agreed number of permit forms for the next year by November 30 of the current year. 8. The permits referred to in this Agreement, during transportation performed in the territory of the State of the other Contracting Party, must be carried on the vehicle and presented at the request of the authorities authorized to control. 9. Permits are valid for a calendar year until January 31 (inclusive) of the following year.

 Article 8 1. Permits are not required for the transportation of: a) movable property during immigration or emigration; b) exhibits, equipment and materials intended for fairs and exhibitions; c) vehicles, racehorses, sports equipment and property intended for sporting events; d) theatrical decorations and props, musical instruments, equipment for filming, radio, television broadcasts and circus performances; e) remains or urns with ashes of the deceased; f) during the first empty passage of cargo vehicles (road trains) purchased for carriers of the States of one of the Contracting Parties; g) damaged vehicles; h) emergency assistance in case of natural disasters, accidents, catastrophes; and) performed by a cargo vehicle, the total mass of which, including the trailer, does not exceed 6 tons, or its carrying capacity is 3.5 tons; k) mail. 2. The exceptions provided for in subparagraphs b, c, and d of paragraph 1 of this Article apply only in cases where the cargo is subject to return to the State in which the vehicle is registered or if the cargo is transported to the territory of a third State.

 Part IV General provisions Article 9

Coastal transportation is prohibited.

 Article 10 1. Carriers and crews of vehicles of the Contracting Parties are obliged to comply with the rules of the road and the legal norms of the State through which the transportation is carried out. In case of violation of these rules or legal norms, carriers and crews of motor vehicles are liable in accordance with the legislation of this State. 2. Transportation of goods by motor vehicles, the weight or dimensions of which exceed the maximum permissible dimensions determined in the territory of the State of the other Contracting Party, is carried out only after obtaining a special permit from the competent authorities of this Contracting Party. When transporting dangerous goods across the territory of the Republic of Kazakhstan, a special permit is required from the competent authorities of that State. When transporting dangerous goods on the territory of the Republic of Moldova, the provisions of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) will be observed. The competent authorities of the Contracting Parties must respond to the request for a special permit no later than 30 days from the date of its receipt.  

Article 11 Carriers of one Contracting Party may establish their representative offices in the territory of the State of the other Contracting Party in order to organize the transportation of passengers and goods.  

Article 12 1. Motor vehicles carrying passengers and goods on the basis of this Agreement shall be exempt from customs duties and customs clearance fees and taxes levied on the import of goods and vehicles. 2. Spare parts that are temporarily imported into the territory of the State of the other Contracting Party for the repair of a defective vehicle carrying out transportation under this Agreement are exempt from customs duties and customs clearance fees on the basis of a document drawn up by the customs authority upon entry into the State. The replaced parts must be exported back to the State of registration of the vehicle or destroyed under the control of customs authorities. 3. The fuel contained in the tanks installed on the vehicle by the manufacturer, with a maximum volume of up to 200 liters, and lubricants necessary for transportation, are exempt from customs duties and customs clearance fees.  

Article 13 The provisions of the national legislations of the States of the Contracting Parties, as well as the provisions of international agreements to which both States are parties, apply to border, customs and sanitary control related to border crossing.  

Article 14 The relevant authorities of the States of the Contracting Parties will carry out border, customs and sanitary control out of turn during regular transportation of passengers by buses and during transportation of animals, perishable and dangerous goods by road.  

Article 15 1. In order to facilitate the implementation of this Agreement and to resolve disputes as soon as possible, the Contracting Parties shall establish a Joint Commission consisting of representatives of their competent authorities. Meetings of the Joint Commission are held at least once a year alternately in the territories of the States of the Contracting Parties. 2. The Contracting Parties will resolve all disputes that may arise in connection with the interpretation and application of this Agreement through negotiations and consultations of the Joint Commission of the Contracting Parties. If the Joint Commission of the Contracting Parties does not reach an agreement, the dispute, with the exception of the distribution of the number of permits, may be referred to the ad hoc arbitration court. The rules of procedure for such arbitration are developed in accordance with international practice in the field of transport.  

Article 16 1. The competent authorities of the States of the Contracting Parties shall ensure that the carriers of their States comply with the provisions of this Agreement. 2. In relation to those carriers and crews of motor vehicles who violate the current provisions, legal norms and rules related to road transport and traffic, as well as the provisions of this Agreement, in the territory of the State of the other Contracting Party, the competent authorities of the States of the Contracting Parties in whose territory the violation occurred, may take the following measures: a) temporarily, partially or completely deprive the right to perform transportation in the territory of the State of the Contracting Party where the violation occurred; b) the carriers of the Contracting Parties shall be responsible for the offences committed in accordance with the national legislation of the receiving State. 3. The competent authorities of the States of the Contracting Parties shall inform each other about the measures taken on the basis of paragraph 2 of this Article.  

Article 17 1. This Agreement shall enter into force 30 days after receiving written notification, through diplomatic channels, that the Contracting Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement is concluded for a period of five years. Its validity is automatically extended for subsequent five-year periods, unless one of the Contracting Parties notifies the other Contracting Party in writing through diplomatic channels of its desire to denounce it at least six months before its expiration.

Done in Astana on July 15, 1999, in two original copies, each in the Kazakh, Moldovan and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation and application of this Agreement, the text in Russian is used.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Moldova

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

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on February 22, 2004)

The Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan and the Ministry of Transport and Communications of the Republic of Moldova in order to determine the rules for the application of the Agreement on International Road Transport between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova, concluded in the city ________ "___" ______ 1999 year, agreed about the following: 1. In the sense of this Agreement, the competent authorities of the Contracting Parties should be understood as: From the Kazakh side: a) according to Articles 3, 4, 5, 6, 7, 9, 13 and 15 - Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan, 49 Abai Avenue, 473000, Astana; phone: (3172) 326277, fax: (3172) 321058 b) at the point 2 of Article 10 - Transport Control Committee of the Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan, 49 Abaya Ave., 473000, Astana, tel. (3172) 338377, fax (3172) 263485 and the Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan, 81 K.Marx St., Kokshetau, 475000, tel. (31622) 54291, fax (31622) 50620. From the Moldovan side: a) according to the Articles 3, 4, 5, 6, 7, 9, 13 and 15 - Ministry of Transport and Communications of the Republic of Moldova, MD-2012 Chisinau, Stefan Cel Mare Square, 134, tel. (+0422) 221001, 547772, fax 241553, 546564 b) by Paragraph 2 of Article 10 - Inspectorate for Motor Transport, Chisinau, 119 Vasile Alexandri Street, tel (+0422) 222683, fax 220657 2. Pursuant to this Agreement, the competent authorities of the Contracting Parties shall issue a document confirming the coordination of transportation on the specified routes in accordance with the established procedure for regular or pendulum passenger transportation. 3. For the passage of motor vehicles or the carriage of goods, the following shall be issued: a) permits for 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 States of the Contracting Parties to a third country or from a third country to the territory of a country of one of the States of the Contracting Parties; c) a special permit for heavy and bulky vehicles to travel through the territory of the States of the Contracting Parties; d) a special permit for the transportation of dangerous goods through the territories of the States of the Contracting Parties. 4. Permit forms are produced: By the Kazakh Side: in Kazakh, Russian and English; By the Moldovan Side: in Moldovan, Russian and English. In order to simplify the procedure for issuing permits and monitoring their execution, they agreed to fill out these permits in Kazakh, Moldovan 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 of the Contracting Parties. 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 Republic of Moldova, the permit forms will be certified by the Ministry of Transport and Communications of the Republic of Moldova. 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 November 30 of the calendar year. The permit forms issued for the current year are valid until January 31 (inclusive) of the following year. 8. Vehicles of one State may not enter the territory of another State without a permit, except in the cases specified in paragraphs 3 and 4 of Article 3 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 their 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, Moldovan and Russian languages, and all texts are authentic.

In case of disagreement on the interpretation of this Executive Protocol, we agreed to be guided by the text in Russian.

Done in Astana on July 15, 1999.

For the Ministry of Transport, For the Ministry of Transport and Communications and Tourism of the Republic of Moldova of the Republic of Kazakhstan

(Experts: Umbetova A.M., Sklyarova I.V.)

President

Republic of Kazakhstan

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