On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on International Combined Cargo Transportation

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The Law of the Republic of Kazakhstan dated May 6, 2024 No. 81-VIII SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on International Combined Cargo Transportation, concluded in Ankara on May 10, 2022.

President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on International Combined Cargo Transportation

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

Desiring to contribute to the simplification of international freight transport through intermodal solutions,

Considering the increase in freight traffic between the Republic of Kazakhstan and the Republic of Turkey,

in order to integrate the transport networks of the States of Europe, the Baltic region, the Black Sea, the Middle East and the Caucasus,

Desiring to revive the historical Silk Road and in an effort to improve the East-West Trans-Caspian Middle Corridor connecting Kazakhstan and Turkey via the Baku-Tbilisi-Kars railway line,

Realizing the need to promote the development of modern rail and water transport routes in addition to the road system, in order to provide alternative solutions with social, economic and environmental benefits,

Considering that the combined transport system has a high potential and opportunity to simplify international freight transport,

have agreed on the following:

Article 1 Scope of application

1. This Agreement applies in the field of international combined cargo transportation performed by rail, waterway and/or automobile on a vehicle registered in the territory of the States of one of the Parties, between the territories of the States of each of the Parties, or in transit through the territory of the State of one or both Parties.

2. This Agreement does not affect the rights and obligations of the States of the Parties arising from other international treaties to which these States are parties.

Article 2 Definitions

For the purposes of this Agreement, the following definitions mean the following:

1) Intermodal cargo transportation is the consistent use of various modes of transport to transport goods from the shipper to the recipient in an intermodal/combined loading transport unit;

2) combined cargo transportation - intermodal cargo transportation, in which most of the way is by rail or sea, as well as the initial and/or final stage is carried out by road as short as possible.;

3) motor vehicle - a motor vehicle or a combination of motor vehicles (motor vehicles with a trailer, semi-trailer), where the motor vehicle is registered in the territory of one of the States of the Parties and is used exclusively for road transportation of goods;

4) loading unit of intermodal/combined transportation - container, removable body, semi-trailer/trailer, motor cargo vehicle suitable for combined transportation;

5) combined cargo terminal - a place adapted for transshipment and storage of loading units during intermodal/combined transportation;

6) transportation from/to a combined cargo terminal - movement of an intermodal/combined transportation loading unit from a state border crossing point or departure point on the territory of the States of the Parties to the nearest railway terminal or seaport on the route; movement by road from a railway terminal or seaport to the nearest state border crossing point on the route or destination;

7) accompanied multimodal transportation - transportation of motor vehicles accompanied by a driver by another type of transport (for example: train or ferry);

8) unaccompanied multimodal transportation - transportation of motor vehicles or trailers unaccompanied by a driver by another mode of transport or transportation of containers or interchangeable bodies by several modes of transport;

9) special permit - a document authorizing the carrier to carry out transportation of bulky, heavy and dangerous goods by motor vehicle in accordance with the national legislation of the state of the Party through whose territory the transportation is carried out.;

10) joint committee - A Joint Committee on International Combined Transport established in accordance with the provisions of Article 9 of this Agreement;

11) carrier - any natural or legal person who has the right to carry passengers and cargo by renting, purchasing or leasing any loading unit in accordance with the national legislation of the states of the Parties;

12) loading dimension - the maximum height and width of railway vehicles and goods permitted by the Parties to ensure safe passage through bridges, tunnels and other transport infrastructure facilities.

Article 3 Competent authorities

1. In this Agreement, the competent authorities of the Parties shall determine:

- from the Republic of Kazakhstan - Ministry of Industry and Infrastructure Development;

- From the Republic of Turkey, the Ministry of Transport and Infrastructure.

2. In the event of a change in the name or functions of these competent authorities, the Parties shall immediately inform each other through diplomatic channels. These changes should not affect the continuity or execution of this Agreement.

Article 4 Accompanied combined carriage of goods

1. Cargo transportation operations by registered vehicles starting from crossing the state border or from any loading points located on the territory of the States of the Parties and ending at combined transportation unloading points located on the territory of the State of the other Party must be carried out continuously.

2. The Parties, in accordance with international standards, are making efforts to reduce the time spent by freight trains at checkpoints across the state border.

Article 5 Unaccompanied multimodal transport

1. Transportation of an intermodal/combined loading unit between two combined cargo terminals located in the territory of a Party's State is carried out only by vehicles registered in the State of that Party.

2. Combined cargo terminals intended for carrying out such transport operations shall be determined and included in the list at a meeting of the Joint Committee.

3. The Parties shall make the necessary efforts to promote regional initiatives and international projects that will increase the operations of the container block train of international trade in Europe, the Baltic region, the Black Sea region and the Middle East in order to move cargo from road to a more reliable, environmentally friendly and efficient mode of transport.

Article 6 Crossing the state border

1. Upon entry or exit from the territory of the State of the Party, vehicles, individuals and legal entities performing combined cargo transportation, as well as transported goods, are controlled in accordance with the national legislation of the State of this Party. In the absence of an existing permit, the vehicle is not allowed to be transported on the territory of the State of the Party of entry.

2. The carrier or service provider and their team will comply with the national laws and regulations of the States of the Parties.

Article 7 Promotion of combined freight transport

1. The Parties will provide appropriate connections and transit services on railway lines connecting the States of the Parties, in particular for international container block trains and Ro-La operations.

2. The Parties shall make efforts to complete the customs procedures for the acceptance of trains on their territory of their State as soon as possible.

3. The Parties shall provide the necessary infrastructure and appropriate facilities on the territory of their states in order to create conditions for the accelerated passage of trains across state borders.

Article 8 Facilitation of railway ferry and Ro-Ro operations

1. The Parties shall carry out regular railway ferry and Ro-Ro operations across the Caspian Sea to ensure the guarantee of cargo transportation by international railway ferry and Ro-Ro operations through ports.

2. The Parties shall provide appropriate connections and transit services on railway lines connecting the territories of the States of the Parties, especially for container, rail ferry and Ro-Ro operations.

3. If necessary, the Parties shall provide the necessary assistance to each other to ensure the efficient performance of combined transport operations, which will properly ensure a continuous transport chain along the route.

Article 9 Cooperation and Joint Committee

1. The Parties shall facilitate the exchange of information between the competent authorities in order to implement this Agreement.

2. The Parties shall exchange professional and technical experience in the field of combined transportation, in particular, logistics centers/combined cargo terminals/dry ports. In this regard, the Parties agreed to organize, if necessary, training sessions and seminars to increase the knowledge of their employees in the field of combined transport.

3. In order to regulate all issues related to the implementation of this Agreement, the Parties shall establish a Joint Committee consisting of representatives of the Parties. The Joint Committee consists of government officials of the Parties, as well as representatives of the combined transport sector.

4. The exact date and venue of the first meeting of the Joint Committee will be determined through diplomatic channels from the date of entry into force of this Agreement. The Joint Committee holds its meetings at least once a year, alternately on the territory of the States of the Parties. The agenda of the upcoming meetings of the Joint Committee must be communicated to the Parties 2 weeks before the scheduled meeting.

5. In order to develop and promote combined transport, the Parties, within the framework of the Joint Committee, on the basis of reciprocity, issue documents that facilitate combined transport services.

6. In addition to the implementation and implementation of this Agreement, the Joint Committee is responsible for discussing and resolving problems in the field of combined transport carried out under this Agreement. The Joint Committee may propose amendments or additions to the provisions of this Agreement, which are adopted in accordance with the provisions of Article 15 of this Agreement.

Article 10 Violations

1. If the carrier/person providing transportation services, their members or employees have violated the national legislation of the State of the other Party or the provisions of this Agreement, the competent authorities of the Party where such violation occurred may take the following measures:

1) notify the relevant carrier of the need to comply with the provisions of the current national legislation;

2) in case of a serious violation committed by the carrier or the service provider, suspend the license of the relevant carrier or prohibit the relevant carrier from carrying out transportation.

2. The competent authorities of the Parties shall inform each other of the measures taken in respect of such violations.

3. The provisions of the paragraphs of this Article do not prevent the implementation of the national legislation of the State of the Party where such a violation occurred.

Article 11 Data protection

1. The Parties acknowledge that, with the exception of official statistical data and reports, all data and information regulated by this Agreement are protected from disclosure to third parties without the permission of the other Party.

2. Any evidence or evidence subject to judicial or administrative procedures relating to crimes or investigations may be provided to State institutions, the Prosecutor's Office and the courts. The dissemination of data and information regulated by this Agreement is subject to the written permission of the competent authorities of the Parties.

Article 12 Force majeure

The Parties agree to carry out mutually agreed joint actions in emergency circumstances or in the case when combined cargo transportation is interrupted for more than 12 hours.

Article 13 Compliance with national legislation

1. Car carriers and vehicle crews,

Those engaged in transportation on the territory of the State of each of the Parties must comply with the national legislation of that State.

2. The provisions of this Agreement shall not impede measures related to restrictions on transit travel that harm the national security of the States of the Parties.

3. If such measures are applied, the Party concerned must inform the other Party through official correspondence, including the content, date of introduction and duration of these measures.

Article 14 Dispute settlement

Any disputes and disagreements that may arise between the Parties regarding the application and interpretation of this Agreement shall be resolved by the Parties through negotiations and consultations in a friendly atmosphere.

Article 15 Amendments and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for the entry into force of this Agreement.

Article 16 Entry into force and termination

This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of 30 (thirty) calendar days from the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.

Each of the Parties may terminate this Agreement by sending a written notification through diplomatic channels to the other Party of its decision to terminate it. In this case, this Agreement shall terminate upon the expiration of 180 calendar days from the date of receipt of such notification.

Done in Ankara on May 10, 2022, in two copies, each in Kazakh, Turkish, Russian and English, all texts being equally authentic.

In the event of a discrepancy between the texts of this Agreement, the Parties shall refer to the English text.

For the Government

Republic of Kazakhstan

For the Government

The Republic of Turkey

President

Republic of Kazakhstan

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