On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Slovenia on the International Carriage of Passengers and Goods by Road

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Slovenia on the International Carriage of Passengers and Goods by Road

The Law of the Republic of Kazakhstan dated November 9, 2010 No. 349-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Slovenia on International Transportation of Passengers and Goods by Road, signed in Astana on November 11, 2009.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT between the Government of the Republic of Kazakhstan and By the Government of the Republic of Slovenia on the international carriage of passengers and goods by road

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on February 25, 2011)

The Government of the Republic of Kazakhstan and the Government of the Republic of Slovenia, hereinafter referred to as the Parties, wishing to contribute to the development of trade and economic relations between the two States, determined to strengthen cooperation in the field of road transport within the framework of a market economy, concerned about the protection of the environment and people, rational use of energy, road safety and improving the working conditions of drivers, aimed at on the development of transport intermodality, realizing, what mutual benefits will the development of road transport bring, agreed on the following:

Part I. General provisions

Article 1 Scope of application

1. The provisions of this Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Slovenia on the International Carriage of Passengers and Cargo by Road (hereinafter referred to as the Agreement) apply to the carriage of goods and passengers by road between the territories of the States of the Parties, in transit through their territories, as well as to (from) third countries carried out by carriers registered in the territory of the Republic of Kazakhstan. one of the States of the Parties. 2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 2 Definitions

The terms used in this Agreement have the following meanings: 1) "Carrier" means any natural or legal person registered in the territory of the State of one of the parties and authorized to carry passengers and/or cargo.; 2) "Vehicle" means an automobile, an automobile with a trailer, an automobile tractor or an automobile tractor with a semi-trailer, of which at least one car or tractor is registered in the State of one of the Parties, and which is used and intended exclusively for the carriage of passengers and/or goods; 3) "Transportation" means the passage of a vehicle with or without cargo, including if the vehicle, trailer or semi-trailer part of the way is transported by train or ferry; 4) "Cabotage" means the transportation of passengers or cargo carried out by a carrier of the state of one of the Parties between two points within the territory of the State of the other Party; 5) "Territory of the State of the Party" means, respectively, the territory of the Republic of Kazakhstan or the territory of the Republic of Slovenia; 6) "State of establishment" means the territory of the State of the Party within which the carrier is registered and the vehicle; 7) "Receiving State" means the territory of the State of the Party in which the carrier carries out transportation without being established in that territory, whose vehicle is also not registered in that territory; 8) "Bus" means a vehicle registered in the territory of the State of one of the Parties, suitable and designed for passenger transportation, which, in addition to the driver's seat, has more than eight seats; 9) "Scheduled passenger transportation" means transportation when passengers are transported along a certain route, according to pre-established and published schedules and fares for transportation. During such transportation, passengers may board and disembark at pre-determined stops; 10) "Pendulum passenger transportation" means transportation in which a pre-formed group of passengers is transported from the same point of departure to the same destination. The same group of passengers later returns to the departure point on a subsequent flight. The point of departure and destination should be understood as the place of departure or arrival, as well as its surroundings located at a distance of 50 km from it. Pendulum transportation may include passenger accommodation at the destination. The first trip to the departure point and the last trip to the destination in a series of pendulum transports are carried out empty; 11) "Irregular passenger transportation" means transportation that does not fall under either the definition of regular passenger transportation or the definition of pendulum transportation. The frequency or number of transports does not affect their classification as irregular transports; 12) "Control document" means a waybill for buses conforming to the model agreed upon by the Joint Commission referred to in Article 4 of this Agreement; 13) "Permit" means a document issued by the competent authority of the State of one Party and entitling/enabling a vehicle registered in the State of the other Party to travel through/through the territory of the State of the Party that issued the permit; 14) "Special permit" means a document issued by the competent authorities of the State of one of the Parties and granting the right to the passage of motor vehicles through the territory of the State of this Party, registered in the territory of the State of the other Party, with indivisible bulky and heavy cargo; 15) "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; 16) "Dangerous goods" means goods that, due to their inherent properties and characteristics, may cause an explosion during transportation, loading and unloading and storage, fire or damage to technical means, devices, buildings and structures, as well as death, injury or illness of people, animals, harm the environment.

Article 3 Competent authorities

The competent authorities of the States of the Parties for the application of this Agreement are: from the Republic of Kazakhstan: Ministry of Transport and Communications of the Republic of Kazakhstan; from the Republic of Slovenia: Ministry of Transport of the Republic of Slovenia. In the event of a change in the competent authorities referred to in this article, the names of the new competent authorities shall be communicated to the other Party through diplomatic channels.

Article 4 Joint Commission

1. In order to properly implement the provisions of this Agreement and resolve issues related to its implementation, the Parties shall establish a Joint Commission consisting of representatives of the competent authorities of the States of the Parties (hereinafter referred to as the Joint Commission). 2. If necessary, representatives of other bodies of the States of the Parties may participate in the work of the Joint Commission.

Part II. Passenger transportation

Article 5 Regular transportation

1. Regular passenger transportation between the States of the Parties or transit crossing the territory of the State of the other Party shall be carried out on the basis of permits issued by the competent authorities of the States of the Parties. 2. An application for authorization must be submitted to the competent authority of the State of the carrier, which is sent to the competent authority of the State of the other Party. If the latter competent authority approves the application, the permit is sent to the competent authority of the carrier's State. The Joint Commission decides in what form the application should be submitted and what additional documents are required. 3. Permits are issued by the competent authorities of the States of the Parties by mutual agreement. The decision to grant or refuse a permit is made within three months. The maximum period of validity of permits is five years. They establish the conditions of transportation, including environmental and safety standards that vehicles must comply with. 4. The issues of changing the conditions of carriage and cancellation of carriage are resolved in accordance with the procedure provided for in paragraphs 2 and 3 of this article. If the carriage is no longer necessary, the carrier may cancel it by notifying the competent authorities that issued the permits and the customers three months in advance.

Article 6 Irregular and pendulum transportation

1. Irregular and pendulum passenger transportation between the States of the Parties or in transit is carried out on the basis of permits issued by the competent authorities of the States of the Parties. The Joint Commission shall coordinate the requirements for technical, environmental and safety standards to be met by the vehicles carrying out the transportation specified in this Article. 2. The transportation listed below does not require the issuance of permits from the host State.: a) a trip with "closed doors", i.e. transportation using the same vehicle, with the same passengers for the entire duration of the trip, which begins and ends at the point of departure; b) transportation of passengers to the territory of the State of the other Party by a vehicle returning empty to the territory of the State of departure; c) travel without passengers to the territory of the State of the other Party in order to collect passengers for their transportation to the territory of the State of the Party where the vehicle is registered, provided that these passengers were previously brought to the territory of the State of the other Party by the same vehicle. 3. Boarding additional passengers on a flight that does not require a permit is prohibited, except in cases where a corresponding permit is issued. The Joint Commission may initiate an exemption from the permit system for other categories of irregular passenger traffic. 4. The application for a permit must be submitted to the competent authorities of the receiving State. The Joint Commission decides in what form the application should be submitted and what additional documents are required. 5. Irregular transportation that does not require permits and is carried out by buses must be accompanied by a control document. The terms of use and the content of the control document are established by the Joint Commission.

Article 7 Provisions common to passenger transportation

1. Permits may not be transferred to other carriers. 2. Cabotage is prohibited.

Part III. Cargo transportation

Article 8 Licensing system

1. Carriers established in the territory of the State of one of the On the basis of permits, the Parties may carry out: a) transportation between the territories of the States of both Parties; b) transit transportation; c) transportation between a point on the territory of the State of the other Party and a point on the territory of a third state, if the route passes through the territory of the State where the vehicle is registered. 2. Transportation between a point in the territory of another State An entry point on the territory of a third State is carried out with a special permit, if the route does not pass through the territory of the State of registration. 3. The Joint Commission establishes other types of permits. If necessary, it can put forward a proposal for transportation without permits.

Article 9 Transportation that does not require permits

1. The authorizations referred to in Article 8 of this Agreement are not required for: a) transportation by vehicles whose Total permissible weight with cargo, including trailers, does not exceed 6 tons, or when the permissible payload, including trailers, does not exceed 3.5 tons; b) irregular transportation of goods delivered to/from airports if the conditions of transportation have been changed; c) transportation of damaged and out-of -order vehicles and passage of repair vehicles; (d) The passage of an empty cargo vehicle to replace another cargo vehicle that has failed on the territory of the other Party's State, as well as the return of an empty repaired vehicle; (e) the transportation of medicines, medical equipment and equipment intended to provide humanitarian assistance in urgent emergency situations and natural disasters to eliminate emergencies; (f) transportation objects and works of art intended for fairs and exhibitions; g) transportation for non-commercial purposes of supplies, equipment and animals for theatrical, musical, cinematographic, sports and circus performances, exhibitions, as well as recordings of radio broadcasts, film and television filming; h) transportation of remains and ashes of the deceased; i) postal transportation. 2. If necessary, the Joint Commission may initiate an expansion of the list of shipments that do not require permits.

Article 10 General provisions for freight transport

1. The competent authorities of the States of the Parties shall exchange an agreed number of permit forms each year. The permits are valid until January 31 of the following calendar year. 2. Permits may not be transferred to other carriers. 3. The permit can only be used for one vehicle. For combined vehicles, the determining factor when issuing permits or exempting from the need to obtain a permit is a tractor vehicle. 4. The Joint Commission determines the quota, category and further conditions for the use of permits.

Part IV. General provisions

Article 11 Taxes and fees

1. Vehicles carrying out international transportation of goods, passengers and baggage, registered in the territory of the State of the Party and temporarily located in the territory of the State of the other Party in accordance with the provisions of this Agreement, are exempt from paying all fees and charges related to the ownership, registration and management of the vehicle. 2. Fuel (no more than 200 liters for cargo vehicles and 600 liters for buses) contained in a conventional tank built by the manufacturer of the vehicle, intended for the operation of the vehicle, as well as lubricants and spare parts are exempt from all customs duties in accordance with the national legislation of the host State. Unused spare parts must be removed. The replaced parts must be removed or destroyed in the presence of representatives of the customs authorities of the State of the relevant Party. 3. For transportation carried out in accordance with this Agreement, road tolls, fees and other charges levied for the use of the road network or bridges in the receiving State shall be levied. Payments and other fees are collected from carriers of the states of both Parties on a non-discriminatory basis.

Article 12 Weight parameters and dimensions

1. The maximum permissible weight, axle load and dimensions of vehicles must not exceed the parameters specified in the registration documents, as well as the maximum permissible parameters applicable in the host State. 2. The use of vehicles with indivisible large and heavy cargo is allowed in the host State only with a special permit, for which an application has been submitted in advance.

Article 13 Equipment and other characteristics

1. Vehicles carrying dangerous goods must be equipped and equipped in accordance with the requirements of international treaties to which the States of both Parties are parties. 2. The equipment used to control the mode of operation and rest of the crews of vehicles must comply with the provisions of international treaties to which the States of both Parties are parties. 3. The Parties undertake to promote the use of vehicles within the framework of this Agreement that meet the safety standards and emissions of harmful substances into the atmosphere in force in their countries.

Article 14 Control

Permits, control and other documents in accordance with the provisions of this Agreement, as well as waybills, travel documents, insurance certificates, certificates of completion of training and all other documents required in accordance with international treaties to which the States of the Parties are parties and/ or the laws of the States of the Parties, must be in the vehicle and presented at at the request of authorized persons.

Article 15 Obligations of carriers and violations

1. Carriers of the State of one Party and the crews of their vehicles, while on the territory of the State of the other Party, must comply with its national legislation. 2. In case of violation of the provisions of this Agreement by carriers of the States of the Parties, the competent authority of the State of the Party in whose territory the violation occurred, without prejudice to the procedural actions of its State, notifies the competent authority of the State of the other Party, which takes measures provided for by the national legislation of its State. In addition, the competent authority of the receiving State may temporarily prohibit the access of the offending carrier to the territory of its State, pending a decision by the competent authority of the carrier's State of establishment. The competent authorities of the States of the Parties shall notify each other of the decisions taken.

Part V. Final provisions

Article 16 Entry into force and duration of the Agreement

1. This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. Either Party may terminate this Agreement by sending a written notification to the other Party through diplomatic channels of its intention to do so. In this case, this Agreement shall terminate upon the expiration of three months from the date of receipt of such notification. In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in Astana on November 11, 2009, in two original copies, each in the Kazakh, Slovenian, English and Russian 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 of the Republic of Slovenia

The RCPI's note. The following is the text of the Agreement in English.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases