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

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport

The Law of the Republic of Kazakhstan dated December 8, 2006 No. 195.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport, signed in Tashkent on March 20, 2006.

President of the Republic of Kazakhstan

AGREEMENT between the Government of the Republic of Kazakhstan and By the Government of the Republic of Uzbekistan on international automobile transport (Entered into force on January 8, 2007 - Bulletin of International Treaties of the Republic of Kazakhstan, 2007, No. 1, art. 11)

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

Guided by the need to further develop cooperation between the States of the Parties in the field of international road transportation of passengers and cargo,

Striving to facilitate the implementation of passenger and freight road transport between the States of the Parties, as well as transit through their territories,

Desiring to resolve these issues on the basis of mutual assistance, cooperation and mutual benefit,

have agreed on the following:

The footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

I. SCOPE OF APPLICATION

Article 1

1. The provisions of this Agreement shall apply to international road transport of passengers and goods between the Republic of Kazakhstan and the Republic of Uzbekistan, transit through their territories, transportation from/to third countries carried out by vehicles registered in the territory of the state of one of the Parties.

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

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

II. DEFINITIONS

Article 2

For the purposes of this Agreement, the definitions used therein mean:

1. The term "carrier" means:

a natural or legal person registered in the territory of the State of one of the Parties, which has the right to carry out international transportation of passengers and cargo for a fee or at its own expense in accordance with national legislation.

2. The term "motor vehicle" means:

When transporting passengers, it is a bus, that is, a vehicle designed to transport passengers and having at least 9 seats, including the driver's seat.;

when transporting goods - a motor vehicle designed to transport goods, including a truck, a truck with a trailer, an automobile tractor or an automobile tractor with a semi-trailer.

3. The term "transportation from/to third countries" means:

transportation of goods by road registered in the territory of the state of one Party, between points, one of which is located in the territory of the state of the other Party, and the other in the territory of a third country (not a party to this Agreement).

4. The term "authorization" means:

a document issued by the competent authority of the State of one Party and giving the right/opportunity to a motor vehicle registered in the State of the other Party to travel through or through the territory of the State of the Party that issued the permit.

5. The term "special permit" means:

a document issued by the competent authority of the State of one Party and giving the right/opportunity to a motor vehicle registered in the State of the other Party to carry out special categories of transportation in or through the territory of the State of the Party that issued the special permit.

6. The term "dangerous goods" means:

substances, materials, products, and waste that, due to their inherent properties and characteristics, may, in the presence of certain factors, cause an explosion, fire, or damage to transported goods, technical equipment, devices, buildings and structures, and other objects, as well as harm to human life and health, the environment.

7. The term "scheduled passenger transportation" means:

transportation of passengers by bus, carried out according to routes, schedules, fares, and stopping points agreed in advance between the competent authorities of the States of the Parties, at which the carrier will board and disembark passengers.

8. The term "irregular passenger transportation" means:

transportation of passengers by buses that do not fall under the term "regular passenger transportation".

9. The term "transit transportation" means:

transportation of passengers or goods through the territory of the State of one of the Parties, in which the points of departure and destination are located outside the territory of this State.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

III. Transportation of passengers and cargo

The footnote. Title of Section III as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

Article 3

1. Transportation of goods between both States or transit through their territories is carried out without permits.

2. Each of the Parties will provide favorable conditions for the passage of cargo vehicles of the other Party through the territory of its State, including those traveling in transit to a third State.

Article 4

1. The carrier is not allowed to transport goods between two points located on the territory of the State of the other Party.

2. A carrier of the State of one of the Parties may transport goods from the territory of the State of the other Party to the territory of a third State and from the territory of a third State to the territory of the State of the other Party, if authorized by the competent authority of the other Party.

3. The competent authorities of the States of the Parties shall coordinate among themselves the procedure for the exchange of permit forms. These forms must have the seal and signature of the responsible person of the competent authority that issued the permit.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

Article 5

1. When the dimensions and weight parameters of a motor vehicle traveling without cargo or with cargo exceed the standards established in the territory of the State of the other Party, the carrier must obtain a special permit from the competent authority of the other Party.

2. Transportation of dangerous goods and military contingents, as well as their transit through the territory of the States of the Parties, is carried out in accordance with the national legislation of the State in whose territory the transportation is carried out.

Article 5-1

The footnote. The Agreement is supplemented by Article 5-1 in accordance with the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

1. Regular passenger transportation is organized by agreement between the competent authorities of the States of the Parties.

2. 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 to the section of the route that passes through the territory of their State. Permits are issued in an agreed manner by the competent authorities of the States of the Parties for a period of up to 5 years.

3. Proposals on the organization of regular transportation are transmitted to each other by the competent authorities of the States of the Parties and must contain the following data:

a) name of the carrier;

b) the route indicating the final bus stations (bus stations);

c) timetable and fares;

d) the planned period and the regularity of transportation;

e) stopping points where the carrier embarks and disembarks passengers, as well as border crossing points;

f) a joint agreement in case the service is provided jointly by several carriers.

4. The competent authorities of the States of the Parties shall agree (in writing) on the procedure for organizing regular passenger transportation across the territories of their States.

Article 5-2

The footnote. The Agreement is supplemented by Article 5-2 in accordance with the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

1. Irregular passenger transportation between the States of the Parties or transit through their territories, with the exception of transportation provided for in paragraph 2 of this Article, shall be carried out on the basis of a permit issued by the competent authorities of the States of the Parties.

2. The permit specified in paragraph 1 of this Article is not required for carrying out irregular passenger transportation in the following cases::

a) if a group of passengers in the same train is transported on the same bus during the entire trip and at the same time:

or the trip begins and ends in the territory of the state of the Party where the bus is registered.;

or the trip begins on the territory of the State of the Party where the bus is registered and ends on the territory of the State of the other Party, provided that the bus leaves the territory of the state of the other Party empty.;

or the bus enters the territory of the other Party's state empty in order to pick up a group of passengers previously delivered by this carrier.;

b) when replacing a faulty bus with another bus.

3. When carrying out the transportation provided for in subparagraph (a) of paragraph 2 of this Article, the bus driver must have a passenger list drawn up in a form agreed upon by the competent authorities of the States of the Parties.

4. A separate permit must be issued for each irregular passenger transportation, which gives the right to make one round trip.

IV. GENERAL PROVISIONS

Article 6

1. The permits required under this Agreement (paragraph 2 of Article 4, paragraph 1 of Article 5, paragraph 2 of Article 5-1 and paragraph 1 of Article 5-2), as well as other transportation documents, must be in the vehicle during all transportation provided for in this Agreement and, upon request, presented for verification to representatives of the competent authorities of the States of the Parties.

2. Transportation documents should be completed in full before starting the trip.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

Article 7

1. Carriers of the State of one Party are obliged to comply with the national legislation of the State of the other Party, as well as the provisions of international treaties in the field of road transport to which the States of the Parties are parties.

The transportation provided for in this Agreement must be carried out on highways open to international automobile traffic in accordance with the national laws of the States of the Parties. The competent authorities of the States of the Parties have the right to establish, if necessary, the route of transportation.

2. In case of violations by the carrier or its drivers of the legislation in force in the territory of the State of the other Party or the provisions of this Agreement, the competent authorities of the State of the Party in whose territory the vehicle is registered may apply, at the request of the Party in whose territory the violation was committed, one of the following measures:

a) to warn the carrier about the need to comply with the applicable rules;

b) temporarily prohibit the performance of transportation in accordance with this Agreement;

c) to terminate the issuance of permits to the responsible carrier or to withdraw an already issued permit for the period for which the competent authority of the State of the other Party has suspended this carrier from transportation.

3. A measure in accordance with subparagraph (b) of paragraph 2 of this Article may also be taken directly by the competent authority of the State of the Party in whose territory the violation was committed.

4. The competent authorities of the States of both Parties shall notify each other of the measures taken.

5. Drivers of vehicles of the States of the Parties must have a national or international driving license corresponding to the category of the vehicle they drive and a registration certificate for the vehicle complying with the requirements of the United Nations Convention on Road Traffic, done in Vienna on November 8, 1968.

6. For the commission of an offence, the road carriers of the States of the Parties shall bear the responsibility established by the national legislation of the State in whose territory the offence was committed.

Article 8

1. The transportation provided for in this Agreement may be performed only by carriers that, according to the national legislation of their State, are authorized to carry out international transportation of passengers and cargo.

2. Motor vehicles engaged in international transportation of passengers and cargo must have the registration and distinctive signs of their State.

Trailers and semi-trailers may have registration and distinguishing signs of other countries, provided that trucks or tractors will have registration and distinguishing signs of the States of the Parties.

3. Carriers of the Parties are obliged to comply with the traffic rules and other laws of the state in whose territory passengers and cargo are transported.

The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

Article 9

Transportation of passengers and cargo on the basis of this Agreement is subject to compulsory insurance of civil liability of vehicle owners for damage caused to third parties. The carrier is obliged to insure in advance each vehicle performing the specified transportation.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

Article 10

Issues not regulated by this Agreement, as well as international treaties to which both Parties are parties, will be resolved in accordance with the national legislation of the State of each of the Parties.

Article 11

1. The Parties shall promote the operation of vehicles characterized by low levels of noise and harmful substances in exhaust gases, equipped with modern equipment to ensure traffic safety.

2. The measures provided for in paragraph 1 of this Article will be additionally coordinated by the Joint Commission established in accordance with Article 14 of this Agreement.

Article 12

1. When carrying out transportation on the basis of this Agreement, the goods imported into the territory of the States of the Parties are mutually exempt from customs duties and fees.:

a) fuel contained in standard containers provided by the manufacturer for each vehicle model, technologically and structurally connected to the engine power system, as well as in additional containers technologically connected to refrigerators and other installations on motor vehicles;

b) lubricants in quantities required for use during the transportation of passengers and cargo;

c) spare parts and tools intended for the repair of vehicles carrying out international transportation of passengers and cargo.

Unused spare parts are subject to re-export, and replaced spare parts must be removed from the State, either destroyed or handed over in accordance with the procedure established in the territory of the State of the relevant Party.

2. Motor vehicles carrying passengers and cargo under this Agreement are mutually exempt from fees and charges related to the ownership or use of motor vehicles, the use or maintenance of highways of the other Party's State, with the exception of fees and charges for the use of toll roads, highways, bridges and tunnels, if such fees and charges are levied from the vehicles of this State.

3. The Parties shall also mutually exempt carriers of the two countries from paying deposit and collateral amounts for goods transported in transit through the territory of their States, in accordance with the national laws of the States of the Parties.

The footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

Article 13

1. The provisions of international treaties to which the parties are parties apply to border, customs, sanitary and veterinary, as well as phytosanitary and environmental control related to border crossing.

the States of the Parties, and when resolving issues not regulated by these treaties, the legislation of each of the States of the Parties will be applied.

2. Border, customs, sanitary, veterinary, and phytosanitary control will be carried out as a matter of priority when transporting animals, perishable and dangerous goods by motor vehicle.

V. JOINT COMMISSION

Article 14

1. In order to implement this Agreement and discuss related issues, a Joint Commission will be established, which will include representatives of the competent authorities of the States of the Parties.

2. Meetings of the Joint Commission shall be held, if necessary, on the proposal of the competent authorities of the States of one of the Parties.

3. The Joint Commission, if necessary, shall develop, with the participation of other competent authorities, proposals to amend the provisions of this Agreement.

Article 15

1. The Parties shall determine the procedure for the execution of this Agreement in the Executive Protocol.

The Executive Protocol is signed simultaneously with the Agreement and is an integral part of it.

2. By mutual agreement of the Parties, this Agreement and the Executive Protocol on the Application of this Agreement may be amended and supplemented, which are formalized in separate protocols that are an integral part of this Agreement.

3. The Parties will resolve all disputes and disagreements that may arise in connection with the interpretation and application of the provisions of this Agreement through negotiations and consultations conducted within the framework of the Joint Commission of the Parties.

VI. FINAL PROVISIONS

Article 16

This Agreement shall be temporarily applied from the date of its signing and shall enter into force from the date of receipt of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.

This Agreement is concluded for an indefinite period and will remain in force until the expiration of 6 months from the date when one of the Parties notifies the other Party in writing of its intention to terminate it.

Done in Tashkent on March 20, 2006, in two original copies, each in the Kazakh, Uzbek 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 text in Russian.

For the Government

Republic of Kazakhstan

Republic of Uzbekistan

EXECUTIVE PROTOCOL on the application of the Agreement between the Government of the Republic Kazakhstan and the Government of the Republic of Uzbekistan on international automobile transport (Entered into force on January 8, 2007 - Bulletin of International Treaties of the Republic of Kazakhstan, 2007, No. 1, art. 11)

The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan (hereinafter referred to as the Parties) in order to determine the rules for the application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport dated March 20, 2006 (hereinafter referred to as the Agreement),

We have agreed on the following:

1. The competent authorities of the Agreement are:

From the Republic of Kazakhstan:

Ministry of Investment and Development of the Republic of Kazakhstan.

From the Republic of Uzbekistan:

The Uzbek Agency of Automobile and River Transport, the Ministry of Internal Affairs, the State Customs Committee and the State Committee of the Republic of Uzbekistan on Highways.

In the event of a change in the official names of the competent authorities of the States of the Parties, the Parties shall immediately notify each other through diplomatic channels.

The footnote. Paragraph 1 as amended by the Law of the Republic of Kazakhstan dated 30.10.2017 No. 101-VI.

2. The competent authorities of the States of the Parties will inform each other about the implementation of the Agreement, changes in the legislation of the state related to international road transport of goods, tax and customs duties, the state of transportation for the previous year, the modes of operation of border crossings and other issues aimed at improving the transportation of goods.

3. This Executive Protocol shall enter into force simultaneously with the Agreement.

Done in Tashkent on March 20, 2006, in two original copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Executive Protocol, the Parties will refer to the text in Russian.

For the Government

Republic of Kazakhstan

Republic of Uzbekistan

The RCPI's note. The text of the Agreement in Russian is duplicated in Uzbek (see the paper version).

President

Republic of Kazakhstan

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