On the ratification of the Agreement on International Combined Freight Transport between the Governments of the Member States of the Organization of Turkic States

Home / RLA / On the ratification of the Agreement on International Combined Freight Transport between the Governments of the Member States of the Organization of Turkic States

The Law of the Republic of Kazakhstan dated June 27, 2024 No. 99-VIII SAM.

To ratify the Agreement on International Combined Freight Transport between the Governments of the member States of the Organization of Turkic States, concluded in Samarkand on November 11, 2022, with the following reservation: "The issues provided for in paragraph 4 of Article 4 of this Agreement with respect to the Republic of Kazakhstan will be regulated within the framework of bilateral agreements in the field of road transport signed by the States Parties to this Agreement.".

President

Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Agreement on international combined cargo transportation between the Governments of the Member States of the Organization of Turkic States

The Government of the Republic of Azerbaijan, the Government of the Republic of Kazakhstan, the Cabinet of Ministers of the Kyrgyz Republic, the Government of the Republic of Turkey and the Government of the Republic of Uzbekistan, hereinafter referred to as the "Contracting Parties",

Wishing to facilitate international freight transportation,

Considering that cooperation in the field of international combined transport is an important prerequisite for the development of trade between the States of the Contracting Parties,

Realizing the need to develop modern rail and water transport systems in addition to highways in order to provide alternative solutions with social, economic and environmental benefits,

Considering that the combined transport system has high potential and ability to facilitate international freight transportation,

Referring to international agreements concerning the combined transport of goods,

We have agreed on the following:

Article 1 Scope of application

1. This Agreement covers the international combined carriage of goods by rail, water and (or) road, carried out by a vehicle registered in the State of one of the Contracting Parties, between the territories of the States of the Contracting Parties or transit through the territories of the States of the Contracting Parties.

2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international agreements and should not be interpreted in such a way as to impede transit and transport activities provided by these international agreements.

Article 2 Definitions

For the purposes of this Agreement, the following terms have the following meanings::

a) combined freight transportation is the transportation of goods on the same cargo unit or road vehicle, in which two or more modes of transport are used sequentially without handling the goods themselves in alternating modes.;

b) permit - a document (including electronic) issued by the competent authorities of one of the Contracting Parties authorizing a road vehicle registered in the territory of a State of one of the other Contracting Parties to enter (exit) and transit through the territories of the States of the other Contracting Parties;

(c) Joint Committee - A Joint Committee on International Combined Transport established in accordance with the provisions of Article 6 of this Agreement;

e) carrier - any natural or legal person authorized to transport goods in accordance with the national legislation of the States of the Contracting Parties.

Article 3 Competent authorities

1. In this Agreement, the competent authorities of the Contracting Parties are:

in the Republic of Azerbaijan - Ministry of Digital Development and Transport;

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

in the Kyrgyz Republic - Ministry of Transport and Communications;

in the Republic of Turkey - Ministry of Transport and Infrastructure;

in the Republic of Uzbekistan - the Ministry of Transport.

2. In the event of a change in the competent authorities of one of the Contracting Parties or their names, the other Contracting Parties must be notified through diplomatic channels.

Article 4 Simplification of international combined transport

1. The Contracting Parties shall make efforts to provide connecting and transit services on railway lines connecting the territories of the States of the Contracting Parties, in particular for international container block trains "RO-LA" (contrailer transportation of road vehicles on railway platforms), "RO-RO" (transportation of motor vehicles by ship), feeder vessels and railway ferry operations.

2. The Contracting Parties shall ensure a preliminary exchange of information in order to speed up Customs procedures for trains entering the territory of their States. The conditions and procedure for such a preliminary exchange should be determined by the Joint Committee.

3. The Contracting Parties shall provide appropriate facilities and related facilities at State border crossing points in order to speed up the conditions of interaction when moving trains across borders.

4. In order to facilitate and encourage combined transport, for the purposes of this Agreement, a special transit permit may be issued for road vehicles involved in combined transport across the Caspian Sea, under conditions to be determined by the Joint Committee.

5. The Contracting Parties will strive to speed up and facilitate international Customs transit procedures in the event that combined transportation across the Caspian Sea is used by road vehicles of the Contracting Parties.

6. In order to facilitate the issuance of visas to drivers of vehicles involved in international combined transport, the Contracting Parties shall implement the simplified issuance of multiple entry visas in accordance with the national laws of the States of the Contracting Parties.

7. The Contracting Parties shall promote and take measures to introduce digital technologies in relation to procedures during the transportation of goods. Such measures should be developed by a Joint Committee.

Article 5 Promotion of international combined freight transport

1. The Contracting Parties shall promote combined freight transport, taking into account the comparative advantages of intermodality in order to increase the competitiveness and efficiency of combined transport operations. Decisions on incentives and measures to support international combined transport are taken at meetings of the Joint Committee.

2. The Contracting Parties may provide assistance to their own railway companies, shipping companies and ports in order to develop infrastructure for combined freight transport.

3. The Contracting Parties will make the necessary efforts to remove restrictions on movement on weekends and holidays for combined cargo transportation performed at (from) combined cargo terminals.

4. The Contracting Parties shall carry out Operations defined in the national legislations of their States in order to accelerate the control of documents related to combined freight transport operations.

5. The Contracting Parties shall cooperate with each other and assist each other in creating favorable conditions for the promotion of combined freight transport. They will also work together to develop routes commonly used by carriers of the Contracting Parties.

Article 6 Cooperation and Joint Committee

1. The Contracting Parties shall ensure the exchange of information between the competent authorities for the implementation of this Agreement.

2. A Joint Committee consisting of representatives of the Contracting Parties should be formed to resolve all issues related to the implementation of this Agreement. The Joint Committee consists of officials of the Contracting Parties, as well as representatives of the combined transport sector. Decisions of the Joint Committee are made by consensus of the Contracting Parties. The secretariat of the Organization of Turkic States performs the role and functions of the secretariat of the Joint Committee.

3. The first meeting of the Joint Committee must be held within the next 3 months after the Agreement enters into force. The Joint Committee shall meet alternately on the territory of the State of one of the Contracting Parties at the request of any competent authority. The agenda to be discussed at the meetings of the Joint Committee shall be communicated to the other Contracting Parties at least 2 weeks before its meeting.

4. The Joint Committee is responsible, in addition to the execution and implementation of this Agreement, for discussing and solving problems in the field of combined transport. The Joint Committee may propose amendments or additions to any articles of this Agreement by consensus.

Article 7 Data protection

The Contracting Parties declare that, with the exception of official statistical data and reports, all data and information regulated by this Agreement should be protected in accordance with their national legislation and international agreements to which they are parties, and should not be disclosed to third parties without permission. The transfer of data and information regulated by this Agreement is carried out with the prior written permission of the competent authorities of the Contracting Parties.

Article 8 Extraordinary circumstances

The Contracting Parties should agree to carry out any emergency joint actions in emergency circumstances or in the event that combined freight transport is interrupted for no reasonable reason.

Article 9 Compliance with national legislation

1. Carriers and transport crews carrying out transport operations in the territories of the States of the Contracting Parties must comply with the national legislation of the State in whose territory such operations are carried out.

2. Transportation of a combined transport unit from (to) cargo terminals located in the territory of the State of one of the Contracting Parties should be carried out only by vehicles registered in the State of this Contracting Party.

Article 10 Settlement of disputes

Any differences that may arise between the Contracting Parties regarding the implementation and interpretation of this Agreement should be resolved through consultations and negotiations in a friendly manner.

Article 11 Amendments and additions

By mutual agreement of the Contracting Parties, this Agreement may be amended and supplemented in the form of a separate protocol, which is an integral part of this Agreement.

Article 12 The Depositary

The secretariat of the Organization of Turkic States is the depositary of this Agreement.

Article 13 Validity, entry into force, accession and withdrawal

1. This Agreement is concluded for an indefinite period.

This Agreement shall enter into force on the thirtieth day after the receipt through diplomatic channels of the last written notification from the depositary on the completion by the Contracting Parties of the internal procedures necessary for its entry into force.

2. This Agreement is open for accession by any State with the written consent of the Contracting Parties. In respect of such an acceding State, this Agreement shall enter into force on the thirtieth day after the receipt of the instrument of accession by the depositary through diplomatic channels.

3. Any of the Contracting Parties may withdraw from this Agreement by notifying the other Contracting Parties through the depositary through diplomatic channels of its intention to withdraw at least 6 (six) months prior to the effective date of withdrawal.

Committed in _________ ________ in a single original copy in Azerbaijani, Kazakh, Kyrgyz, Turkish, Uzbek and English, all texts being equally authentic. In case of any discrepancies in the interpretation of this Agreement, the English text will be used.

On behalf of the Government

The Republic of Azerbaijan

On behalf of the Government

Republic of Kazakhstan

On behalf of the Cabinet of Ministers

Of the Kyrgyz Republic

On behalf of the Government

The Republic of Turkey

On behalf of the Government

Republic of Uzbekistan

Reservation of the Republic of Kazakhstan to the Agreement on International Combined Freight Transport between the Governments of the Member States of the Organization of Turkic States

"The issues provided for in paragraph 4 of Article 4 of this Agreement with respect to the Republic of Kazakhstan will be regulated within the framework of bilateral agreements in the field of road transport signed by the States Parties to this Agreement.".

Head of Delegation

Republic of Kazakhstan

President

Republic of Kazakhstan

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