On the ratification of the Agreement on the Implementation of Transport (Automobile) Control at the External Border of the Customs Union

Home / RLA / On the ratification of the Agreement on the Implementation of Transport (Automobile) Control at the External Border of the Customs Union

Law of the Republic of Kazakhstan dated June 11, 2012 No. 17-V

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify Agreement on the implementation of transport (automobile) control at the External Border of the Customs Union, signed in Moscow on June 22, 2011.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT on the implementation of transport (automobile) control at the external border of the Customs Union

(Entered into force on April 8, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan, 2013, No. 3, Article 30)

The Governments of the member States of the Customs Union, hereinafter referred to as the Parties within the framework of the EurAsEC, based on the Agreement on the Customs Union and the Single Economic Space of February 26, 1999, the Agreement on the Customs Union Commission of October 6, 2007, decisions of the Customs Union Commission of September 25, 2009 No. 94 and October 21, 2009 No. 106 guided by generally recognized principles and norms of international law, in order to simplify the movement of goods and motor vehicles in the single customs territory of the Customs Union, the organizations of unified approaches in carrying out control at the external border of the Customs Union over the implementation of international road transport through the single customs territory of the Customs Union have agreed on the following:

Article 1

For the purposes of this Agreement, the following terms are used: "transport (automobile) control" - control over the implementation of international road transport; "bodies of transport (automobile)" control - competent authorities authorized by the State of the Party to carry out transport (automobile) control on the territory of the state of the Party; "checkpoint" - a stationary or mobile checkpoint (post) equipped in accordance with the requirements of the legislation of the state of the Party, as well as a checkpoint across the state border where transport (automobile) control is carried out; "carrier" - a legal entity or individual using a vehicle on the right of ownership or other legal basis.; "vehicle": when transporting goods — a truck, a truck with a trailer, an automobile (truck) tractor or an automobile (truck) tractor with a semi-trailer, chassis; when transporting passengers - a bus, that is, an automobile vehicle designed to transport passengers and luggage, having more than nine seats, including driver's seat, including with a trailer for baggage transportation; "weight and overall parameters of a vehicle" - the values of the mass, axle loads and dimensions (in width, height and length) of a vehicle with or without cargo; "external border of the Customs Union" - the borders of the single customs territory of the Customs Union separating the territories of the member states of the Customs Union and the territories of states that are not member States of the Customs Union. Terms not specifically defined in this Agreement are used in the meanings established by other international treaties of the States of the Parties, including those concluded within the framework of the Customs Union.

Article 2

This Agreement defines common approaches to the implementation of transport (automobile) control by the transport (automobile) control authorities at the external border of the Customs Union of vehicles entering (exiting, following in transit) into the territory of the state of either Party.

Article 3

Vehicles traveling to the state of one Party through the territory of the State of the other Party are subject to transport (automobile) control at checkpoints located on the external border of the Customs Union, in accordance with the legislation of the State of the Party through whose territory these vehicles are traveling, and Articles 4-6 of this Agreement. Verification of vehicles, documents required for the purposes of transport (automobile) control, and registration of its results are carried out in accordance with the legislation of the state of the Party whose territory they cross at the external border of the Customs Union, and this Agreement. The bodies of transport (automobile) control mutually recognize the documents issued by them based on the results of transport (automobile) control.

Article 4

The body of transport (automobile) control of the state of the Party through whose state border entry into the single customs territory of the Customs Union is carried out (hereinafter referred to as - the territory of the Customs Union), at control points, in addition to actions on transport control provided for by the legislation of the said state, performs: 1) verification of compliance of the weight and overall parameters of the vehicle with standards similar to those established by the legislation of other states of the Parties through whose territories travel is carried out, as well as the following, specified in special permits for the transportation of bulky and (or) heavy cargo or for the passage of bulky and (or) heavy-weight vehicles through the territories of other states of the Parties; 2) checking whether the carrier has permits to travel through the territories of other states of the Parties through which travel is carried out, their compliance with the type of transportation performed and compliance with the characteristics of the vehicle requirements stipulated by such permits; 3) checking whether the carrier has special permits for the transportation of bulky and (or) heavy goods, for the passage of bulky and (or) heavy vehicles, as well as special permits for the transportation of dangerous goods through the territories of other States of the Parties through which transportation or passage is carried out; 4) checking whether the carrier has permits (special permits) for transportation to third countries (from third countries) on the territory and other States of the Parties through which transportation is carried out; 5) issuing a registration card to the carrier in the form agreed upon by the transport (automobile) control authorities, if, in accordance with the legislation of other States of the Parties, transportation is permitted without permission to travel through the territories of other States of the Parties, as well as if transportation is carried out in accordance with a multilateral permit.

Article 5

The transport (automobile) control authorities, when a vehicle leaves the external border of the Customs Union, in addition to the actions specified in Article 4 of this Agreement, at control points, verify: 1) whether the carrier has a receipt for payment of tolls for the passage of a vehicle on the highways of the States of the Parties through whose territories the passage was carried out, if the payment of such a fee It is mandatory in accordance with the legislation of the States of the Parties.; 2) the carrier (driver) has a receipt confirming the payment of a fine for violating the procedure for international road transport in the territory of the state of the Party or the decision of the judicial authorities to satisfy the complaint against the decision to impose an appropriate administrative penalty on the carrier (driver) if the travel permit for the territory of the state of one of the Parties or in the registration the ticket contains a note from the transport (automobile) control authority on the imposition of such a fine on the carrier (driver).; 3) the availability of access for vehicles of carriers of the States of the Parties to international road transport; 4) the availability of the necessary documents from the carrier in the event of receipt of the notification specified in Article 6 of this Agreement from the transport (automobile) control authority of the other Party.

Article 6

If, during the control actions provided for in Article 4 of this Agreement, inconsistencies between the controlled parameters of the vehicle, the absence or inconsistency of documents provided for by the legislation of the States of the Parties, the transport (automobile) control authority of one Party issues a notification to the driver in the form agreed upon by the transport (automobile) control authorities of the Parties, containing information: about the identified inconsistencies; about the need to obtain the missing documents before arrival in the territory of the other Party's state; about the nearest control point of the transport (automobile) control body of the other Party, taking into account the route of the vehicle, at which the carrier must provide evidence of the elimination of inconsistencies in the controlled parameters of the vehicle and (or) the documents specified in the notification. Information on the issuance of a notification is sent to the transport (automobile) control body of the other Party and entered into the information base of the transport (automobile) control body that identified the discrepancy. If the transport (automobile) control authority of one Party has issued a notification to the carrier in accordance with this article, the transport (automobile) control authority of the other Party at the checkpoint has the right to verify the execution of this notification and, if there are grounds, apply measures to the carrier (driver) in accordance with the legislation of the State of the other Party. The vehicle is not released from the territory of the Customs Union until the carrier presents the documents provided for in Articles 4 and 5 of this Agreement. The body of transport (automobile) control of one Party, when leaving the external border of the Customs Union of a vehicle coming from the territory of the state of the other Party, informs the body of transport (automobile) control of the other Party about the establishment of a discrepancy between the controlled parameters of the vehicle, the absence or inconsistency of documents provided for by the legislation of the States of the Parties.

Article 7

On the basis of reciprocity, the Parties shall take measures to harmonize the legislation of the States of the Parties, methods and technologies for the implementation of transport (automobile) control at the external border of the Customs Union in terms of: 1) requirements for the weight parameters of vehicles when driving on public roads that are part of international transport corridors; 2) creation of a system for monitoring the completeness of payment of tolls for vehicles on public roads of the State of the other Party; 3) development of a mechanism to resolve disputes in the event of their occurrence with carriers of third countries; 4) development of a mechanism for the return (detention) of vehicles in case of violation of the established requirements for meeting the conditions of international road transport through the territory of the Customs Union.

Article 8

Permissions (special permissions) are invalid if: 1) they are issued or used in violation of the legislation of the State of the Party, the competent authorities of which have issued the specified permits; 2) the weight and (or) overall parameters of the vehicle specified in the special permit do not correspond to the results of weighing and measuring the dimensions of the vehicle; 3) the characteristics of the vehicle do not correspond to the characteristics of the vehicle provided for by the permit for travel through the territories of the States of the Parties. If, during the control actions, the vehicle parameters (characteristics) do not match the parameters (characteristics) specified in the permit, the transport (automobile) control authority of one Party has the right to promptly request confirmation of the validity of the permit from the transport (automobile) control authority of the other Party.

Article 9

In order to implement this Agreement, the transport (automobile) control authorities: 1) conclude separate protocols, communicate to the transport (automobile) control authorities of the other Party the provisions of the regulatory legal acts of their states regulating the requirements for the implementation of transport (automobile) control, inform each other of any changes made to these acts, and exchange samples of documents necessary for the implementation of this Agreement.; 2) mutually and regularly exchange information obtained as a result of transport (automobile) control. The form, composition and procedure for information exchange are determined by the transport (automobile) control authorities of the States of the Parties; 3) organize the maintenance of a database of vehicles transiting through the territory of the State of one Party to the territory of the State of the other Party, and mutually exchange the information contained in this database. The exchange of information obtained as a result of transport (automobile) control is carried out electronically. The transport (automobile) control authorities of the States of the Parties may not provide other information obtained as a result of transport (automobile) control on international transport vehicles transporting goods.

Article 10

For the purpose of registration and accounting of the results of transport (automobile) control and vehicles, the transport (automobile) control authorities use information resources containing information on the results of additional actions on transport (automobile) control carried out in accordance with Articles 4-6 of this Agreement, and also ensure the mutual use of these information resources.

Article 11

The Parties shall, in accordance with the established procedure, inform the competent authorities of foreign states about changes in the procedure for carrying out transport (automobile) control at the external border of the Customs Union in accordance with this Agreement.

Article 12

In order to implement the provisions of this Agreement, the Parties shall establish a joint commission, whose meetings will be held as necessary.

Article 13

Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations and/or negotiations. If the dispute is not resolved by the Parties through consultations and/or negotiations within six months from the date of the official written request for their conduct sent by one of the Parties to the other Party, either Party may refer the dispute to the Court of the Eurasian Economic Community for consideration.

Article 14

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

Article 15

Amendments and additions may be made to this Agreement by mutual agreement of the Parties, which are formalized by protocols and are its integral parts.

Article 16

This Agreement is concluded for an indefinite period and enters into force from the date of receipt by the depositary of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force. Either Party may terminate this Agreement by sending a written notification to the depositary through diplomatic channels no later than 60 (sixty) days prior to the expected date of its termination. Done in Moscow on June 22, 2011, in one original copy in the Russian language. The original copy of this Agreement is kept in The Commission of the Customs Union, which is its depositary and will send each Party a certified copy of this Agreement.

For the Government of the Republic of Belarus

For the Government of the Republic of Kazakhstan

For the Government Of the Russian Federation

President

Republic of Kazakhstan

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