On the ratification of the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport

Home / RLA / On the ratification of the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport

The Law of the Republic of Kazakhstan dated November 2, 2015 No. 385-V SAM.

To ratify the Agreement between the Governments of the Shanghai Cooperation Organization member States on Creating Favorable Conditions for International Road Transport, signed in Dushanbe on September 12, 2014.

President

Republic of Kazakhstan

N. NAZARBAYEV

Agreement between the Governments of the member States of the Shanghai Cooperation Organization on the Creation of Favorable conditions for International Road Transport

(Entered into force on January 20, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 2, Article 23)

The Governments of the member States of the Shanghai Cooperation Organization, hereinafter referred to as the Parties,

Striving to strengthen mutual trust, friendly relations and equal cooperation between the States of the Parties,

Guided by the purposes and principles of the Charter of the Shanghai Cooperation Organization of June 7, 2002,

Recognizing the importance of ensuring reliable and efficient international road transport for the development of foreign trade relations between the States of the Parties,

Intending to further improve the conditions for international road transportation of passengers and cargo based on existing experience and relevant international treaties, we have agreed as follows:

Article 1

The main objectives of this Agreement are:

creation of favorable conditions for international road transport;

coordination of the Parties' efforts for the development of international road transport;

simplification and harmonization of documentation, procedures and requirements of the Parties related to international road transport.

Article 2

The terms used in this Agreement mean the following:

"international road transport" - transportation of goods or passengers by vehicles crossing the state border and (or) through the territory of the state of at least one of the Parties;

"carrier" is a natural or legal person who is registered in the territory of the state of one of the Parties and is allowed to carry out international road transport in accordance with the legislation of the state of this Party.;

"driver" is an individual who is authorized by the competent authority of the State of the Party to drive a vehicle.;

"driver's license" is a document issued by the competent authority of the State of the Party granting the driver the right to drive a vehicle.;

"permit" is a document issued by the competent authority of the State of a Party authorizing the use of a vehicle registered in the territory of the State of that Party for international road transport in the territory of the State of the other Party.;

"special permit" is a one-time permit for the passage of a vehicle of a carrier of the state of one Party with heavy, bulky or dangerous cargo through the territory of the state of the other Party that issued such a permit in accordance with the legislation of its state.;

"vehicle":

When transporting passengers, it is a bus, that is, a motor vehicle designed and intended for transporting passengers, having more than 9 seats, including the driver's seat, including a motor vehicle with a trailer for transporting luggage during transportation through the territory of the States of those Parties whose legislation does not prohibit the operation of such trailers.;

in the case of cargo transportation - a motor vehicle designed and intended for cargo transportation, including a truck, a truck with a trailer, a tractor truck and a semi-trailer tractor truck.

Article 3

1. In accordance with this Agreement, the Parties grant carriers the right to carry out international road transport on the territory of their states by vehicles registered in the territory of the State of one of the Parties.

2. A carrier registered in the territory of the State of one Party does not have the right to transport goods or passengers by means of a vehicle between points located in the territory of the State of the other Party.

Article 4

1. International road transport on the basis of this Agreement is carried out along routes and through checkpoints across state borders in accordance with Appendix No. 1. This provision does not affect the application of bilateral and multilateral international treaties to which the States of the Parties are parties, providing for the possibility of international road transport without defining routes and checkpoints across State borders or other routes and border checkpoints.

2. The issue of making changes and additions to routes and/or checkpoints across state borders is considered within the framework of the Joint Commission on Creating Favorable Conditions for International Road Transport established in accordance with Article 17 of this Agreement (hereinafter referred to as the Joint Commission), after its agreement by the Parties through whose territory such routes run and (or) checkpoints across state borders are located.

Article 5

International road transport is carried out on the basis of permits in accordance with Appendix No. 2, except in cases where bilateral or multilateral international treaties to which the States of the Parties are parties provide for the possibility of international road transport without permits.

Article 6

1. The overall and weight, including axial, loads and other parameters of vehicles used for international road transport must comply with the requirements of the legislation of the State of the Party through whose territory such transportation is performed.

2. If the dimensions or weight of a vehicle traveling without cargo or with cargo exceed the norms established by the legislation of the State of the Party through whose territory international road transportation using this vehicle is to be carried out, the carrier must first obtain a special permit from the competent authorities of that Party in accordance with the legislation of that State.

Article 7

1. When carrying out transportation on the basis of this Agreement, on the terms of reciprocity, the states of one Party imported by the carrier into the territory of the States of the other Parties are exempt from customs duties, duties and taxes.:

a) fuel located in tanks provided by the manufacturer for each vehicle model, technologically and structurally connected to the engine power system, as well as fuel located in tanks installed by the manufacturer on trailers and semi-trailers and intended for the operation of heating or cooling systems of this vehicle;

b) lubricants in the amount necessary for the operation of the vehicle during transportation;

c) spare parts and tools intended for repairing a vehicle damaged in transit, carrying out international road transportation.

2. Unused spare parts and tools specified in subparagraph (c) of paragraph 1 of this article are subject to re-export. The replaced spare parts must be taken back or placed under the customs procedure (regime) of destruction or other customs procedure (regime) in accordance with the procedure established by the customs legislation of the State of the Party in whose territory the customs procedure (regime) in respect of these spare parts is being changed.

Article 8

1. Carriers of the States of the Parties, when carrying out international road transport under this Agreement, are exempt on the terms of reciprocity in the State of the other party from paying fees and charges related to the ownership or use of vehicles, as well as the use or maintenance of highways of the State of the other Party.

2. This exemption does not apply to fees and charges for the use of toll roads, bridges and tunnels, which are levied on a non-discriminatory basis.

Article 9

International road transportation on the basis of this Agreement is carried out in the presence of a valid certificate of insurance of civil liability of vehicle owners for damage caused to third parties in the territory of the state of the Party through which the transportation is performed.

Article 10

1. The driver of the vehicle must have with him a driver's license issued by the competent authority of his State and valid for the category of vehicle used for international road transport, as well as registration documents for this vehicle. The specified documents must be accompanied by a certified translation into Chinese and/or Russian.

2. A vehicle used for international road transport must have registration plates (numbers) and a distinctive sign of the State in which it is registered.

3. Trailers and semi-trailers may have registration and distinguishing signs of other States, provided that trucks, tractors and buses (if the national legislation of the State of the Party through whose territory transportation is carried out does not prohibit the operation of buses with trailers for luggage) have registration and distinguishing signs of the state of one of the Parties.

4. Each Party shall recognize as valid driver's licenses, vehicle registration documents and registration plates issued by the competent authorities of other States of the Parties.

Article 11

The permit and other documents required in accordance with the provisions of this Agreement must be kept by the driver of the vehicle and presented at the request of the competent regulatory authorities of the States of the Parties.

Article 12

Carriers and drivers of vehicles performing international road transportation are required to comply with the provisions of this Agreement, as well as the legislation, including traffic regulations, of the State of the Party in whose territory the vehicle is located. In the event of a violation, liability shall arise in accordance with the legislation of the State of the Party in whose territory the violation was committed.

Article 13

1. Transportation of dangerous goods is carried out in accordance with international treaties to which the States of the Parties are parties, as well as the legislation of the State of the Party through whose territory such transportation is performed.

2. In the event that a special permit is required for the carriage of dangerous goods in accordance with the contracts or legislation referred to in paragraph 1 of this article, the carrier must obtain this permit from the competent authority of the State of the Party through whose territory this transportation will be performed prior to the start of the carriage.

3. The competent authorities of the States of the Parties shall exchange lists of dangerous goods and information on the conditions of their transportation in accordance with the legislation of their states within the framework of the Joint Commission.

Article 14

1. The Parties intend to simplify formalities and procedures in matters of visa issuance, border, customs, transport, phytosanitary and veterinary control during international road transport.

Specific measures to simplify these formalities and procedures are formalized by separate agreements of the Parties.

2. Within the framework of the Joint Commission, the Parties are considering measures to improve conditions for international road transport by harmonizing and simplifying documentation, procedures and requirements related to international road transport.

3. The Parties shall provide mutual assistance in joining international conventions aimed at creating favorable conditions for international road transport, as well as in the application of these conventions.

Article 15

1. The Parties shall take the necessary measures to find opportunities for the development and implementation of joint investment projects for the development of road transport corridors connecting the territories of the States of the Parties.

2. The Parties participate in the development and implementation of joint programs and projects for the development of the infrastructure of road transport corridors connecting the territories of the States of the Parties.

Article 16

1. Within sixty days from the date of entry into force of this Agreement, the Parties will exchange, through the depositary, a list of the competent authorities of the States of the Parties responsible for the implementation of this Agreement.

2. The competent authorities of the States of the Parties shall exchange, including within the framework of the Joint Commission, information on the legislation of each of the States of the Parties, as well as other information in the field of international road transport.

Article 17

1. The competent authorities of the States of the Parties shall establish a Joint Commission within 6 months from the date of entry into force of this Agreement.

2. The tasks, terms of reference, functions, composition and other issues related to the activities of the Joint Commission are determined in accordance with Appendix No. 3.

Article 18

Appendices No. 1-3 to this Agreement are an integral part of it.

Article 19

Issues not regulated by this Agreement and Appendices No. 1-3 thereto are regulated in accordance with the legislation and international treaties of the State of the Party through whose territory international road transportation is carried out.

Article 20

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

2. The conditions provided for by bilateral or multilateral international treaties between the States of the Parties, which are more favorable for international road transport, remain in force.

Article 21

This Agreement shall be concluded for an indefinite period and shall enter into force 30 days after the date of receipt by the depositary of the last written notification on the completion by the Parties of the internal procedures necessary for the entry into force of the Agreement.

Article 22

Each Party may withdraw from this Agreement by sending a written notification to the depositary of its intention to withdraw from the Agreement at least 6 months before the date of withdrawal.

Article 23

1. Upon its entry into force, this Agreement shall be open for accession by any State wishing to accede to it by submitting an instrument of accession to the depositary.

2. For an acceding State that is a member of the Shanghai Cooperation Organization, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

For an acceding State that is not a member of the Shanghai Cooperation Organization, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the last written notification from the member States of the Shanghai Cooperation Organization of their consent to such accession.

Article 24

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in separate protocols that are an integral part of this Agreement.

Article 25

Reservations are not permitted with respect to any of the provisions of this Agreement and its annexes.

Article 26

Disputes between the Parties regarding the interpretation or application of the provisions of this Agreement are resolved through negotiations and consultations.

Article 27

The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which will send certified copies to the Parties.

Done in Dushanbe on September 12, 2014, in a single copy in the Russian and Chinese languages, both texts being equally authentic.

For the Government of the Republic of Kazakhstan

For the Government of the People's Republic of China

For the Government of the Kyrgyz Republic

For the Government of the Russian Federation

For the Government of the Republic of Tajikistan

For the Government of the Republic of Uzbekistan

Appendix No. 1 to the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport

Routes and checkpoints across State borders for international road transportationpoint 1

Within the framework of the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport, international road transport is carried out on the following routes and through the following checkpoints across state borders:

1) Barnaul - Veseloyarsk (Russian Federation) / Auyl (Republic of Kazakhstan) - Semey - Bakhty (Republic of Kazakhstan) / Bakhtu (People's Republic of China) - Tacheng - Kuitun - Urumqi.

The opening of the specified route is no later than 2020.;

2) St. Petersburg - Orenburg - Sagarchin (Russian Federation) / Zhaysan (Republic of Kazakhstan) - Aktobe - Kyzylorda - Shymkent - Taraz - Almaty - Korgas (Republic of Kazakhstan) / Khorgos (People's Republic of China) - Urumqi - Lianyungang.

The opening of the specified route is no later than 2020.;

3) Urumqi - Kashgar - Karasu (People's Republic of China) / Kulma (Republic of Tajikistan) - Murghab - Khorog - Dushanbe (Vakhdat).

The Khorog-Dushanbe (Vakhdat) section will be opened no later than 2018.;

4) Urumqi - Khorgos (People's Republic of China) / Korgas (Republic of Kazakhstan) - Almaty - Taraz - Shymkent - Konysbaeva (Republic of Kazakhstan) / Yallama (Republic of Uzbekistan) - Chinaz.

The opening of the specified route is no later than 2020.

5) Kant - APP Ak-Tilek (Kyrgyz Republic) / Karasu (Republic of Kazakhstan) - Taraz - Shymkent - Kyzylorda - Aktobe - Zhaysan (Republic of Kazakhstan) / Sagarchin (Russian Federation) - Orenburg - Saint Petersburg.

The opening of this route is expected no later than 2020.

6) At-Bashy - Torugart (Kyrgyz Republic) / Turugart (People's Republic of China) - Kashgar - Urumqi - Lianyungang.

The opening of this route is expected no later than 2020.

Item 2

Any Party may temporarily suspend, in whole or in part, the use of routes and/or checkpoints across State borders provided for in this Annex in the event of emergency situations in the territory of the State of that Party affecting its national or transport security. Such a Party shall inform the other Parties and the Joint Commission for the Creation of Favorable Conditions for International Road Transport as soon as possible of such suspension and lift the suspension as soon as the situation normalizes.

Appendix No. 2 to the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport

Within the framework of the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport (hereinafter referred to as the Agreement) The Parties recognize the authorization of the attached sample for the transportation of goods along the agreed routes provided for in Annex No. 1 to the Agreement. This permit is valid for one calendar year for one round trip.

The Parties authorize the competent authorities of the States of the Parties, within the framework of the Joint Commission on Creating Favorable Conditions for International Road Transport (hereinafter referred to as the Joint Commission), to amend the sample permit, as well as to develop and approve samples of permits for other types of international road transport.

Item 2

The quota of permits is determined within the framework of the Joint Commission.

Point 3

The Parties shall empower the Joint Commission to produce permit forms and transfer them to the Parties in accordance with certain quotas.

Item 4

Each Party determines a national authority for issuing permits and informs the Joint Commission and other Parties about it.

Item 5

Each of the Parties, through the authorized national authority for issuing permits, issues permits to carriers registered in the territory of its State, in accordance with the provisions of the Agreement and the legislation of the relevant State.

Item 6

The permission is filled in completely and without corrections. Information about the return transportation can be entered in the permit during the return transportation.

Item 7

Permits must be used within the calendar year specified in the permit and remain valid until the vehicle is returned to the territory of the State of the Party where the permit was issued, but in any case no later than January 31 of the following year.

Item 8

The permit can only be used by the carrier, whose name is indicated in the permit, and cannot be transferred to a third party.

Item 9

If a forged permit is used or the permit is transferred to a third party, the competent regulatory authority that has discovered this fact immediately withdraws the forged or transferred permit and sends it to the national authority for issuing permits of its State. If the latter is not the authority specified in the withdrawn permit, it transfers this permission to the authority whose name is indicated in the permit.

Item 10

In case of loss of the permit, the carrier notifies the national authority for issuing permits of its State as soon as possible.

The national authority for issuing permits, which has received information from the carrier about the loss of the permit, immediately informs the Joint Commission, as well as other national authorities for issuing permits, indicating the number of the lost permit.

Item 11

The permit form must be filled out in the official language(s) of the Shanghai Cooperation Organization used in the territory of the States through which the route passes.

Appendix No. 3 to the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on the Creation of Favorable Conditions for International Road Transport

Terms of reference of the Joint Commission on Creating Favorable Conditions for International Road Transportationpoint 1

The main task of the Joint Commission on Creating Favorable Conditions for International Road Transport (hereinafter referred to as the Joint Commission) is to monitor the implementation of the Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Creating Favorable Conditions for International Road Transport (hereinafter referred to as the Agreement) and ensure its effective application.

Item 2

The Joint Commission performs the following duties and functions:

1) monitoring and coordination of activities for the coordinated and consistent application of the provisions of the Agreement and resolution of issues arising during the implementation of the Agreement;

2) consideration of amendments and (or) additions regarding routes and (or) checkpoints across state borders related to the Agreement for subsequent approval by the Parties;

3) discussion and decision-making on issues related to permits for international road transport, including:

the quota of permits and the method of its determination;

changing the content, format, method of production, distribution, and rules for the use of permits;

4) analysis of the practice of using permits and preparation of reports on the functioning of the permit system;

5) providing assistance to the competent authorities of the States of the Parties in the exchange of information on the legislation and regulations of each of the States of the Parties concerning international road transport, on changes in them, as well as other information;

6) exchange of lists of dangerous goods and information on the conditions of their transportation in accordance with the legislation of each of the States of the Parties;

7) development of proposals to improve the conditions for international road transport;

8) assistance to the States parties to the Agreement in joining international conventions aimed at creating favorable conditions for international road transport, as well as in the application of these conventions;

9) consideration of proposals for the implementation of joint investment projects aimed at the development of road transport corridors connecting the territories of the States of the Parties;

10) discussion of other issues related to the Agreement.

Point 3

The Joint Commission consists of one representative and one deputy from each competent authority of the States of the Parties.

Item 4

The chairmanship of the Joint Commission is annually transferred from one side to the other in alphabetical order in accordance with the Russian alphabet.

Item 5

The meetings of the Joint Commission are attended by representatives of the States of the Parties and (or) their deputies, representatives of other relevant departments of the States of the Parties, invited by representatives of the States of the Parties, taking into account the agenda of the meetings, the Secretariat of the Shanghai Cooperation Organization, as well as representatives of relevant international organizations and invited by the Chairman of the Joint Commission in agreement with the members of the Joint Commission.

Item 6

Decisions at meetings of the Joint Commission are made by consensus in the form of minutes of meetings. The original minutes of the meetings are kept by the depositary of the Agreement.

Item 7

The meeting of the Joint Commission is held once a year. Extraordinary meetings may be held on the initiative of one of the Parties and with the consent of the other Parties.

Item 8

Regular annual meetings are usually held in the territory of the State of the Party that chairs the Joint Commission. The time and place of the extraordinary meetings are determined by prior arrangement.

Item 9

Meetings of the Joint Commission are held in the official languages of the Shanghai Cooperation Organization.

I hereby certify that the attached document is an authentic copy of the Agreement between the Governments of the Shanghai Cooperation Organization member States on Creating Favorable Conditions for International Road Transport, signed on September 12, 2014 in Dushanbe in Russian and Chinese.

The original copy of this Agreement is kept at the Secretariat of the Shanghai Cooperation Organization.

Deputy Secretary General

K.A. Dushebaev

President

Republic of Kazakhstan

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