On the ratification of the Main Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor

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Law of the Republic of Kazakhstan dated May 7, 2001 No. 196

To ratify the Main Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor, signed in Baku on September 8, 1998.

President of the Republic of Kazakhstan

The main multilateral agreement on international Transport for the development of the Europe-Caucasus-Asia corridor

The footnote. See Decree of the President of the Republic of Kazakhstan dated December 11, 2007 No. 488 "On Signing the Protocol on Amendments and Additions to the Main Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor dated September 8, 1998 in connection with the new status of the Republic of Bulgaria and Romania, which joined the European Union on January 1, 2007".

The States Parties to this Agreement, hereinafter referred to as the Parties, expressing their desire to develop economic relations, trade and transport links in the regions of Europe, the Black Sea, the Caucasus, the Caspian Sea and Asia, have agreed to conclude a Basic Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor (hereinafter referred to as the "Basic Agreement").

Article 1 General provisions

The provisions of the Basic Agreement regulate international freight and passenger transportation between the Parties, as well as transit transportation through the territories of the Parties.

Article 2 Definitions

For the purposes of the Basic Agreement, "international transportation" means the movement of goods or passengers by means of or in: a) road transport (including trailers and semi-trailers); b) rail transport; c) water transport; d) air transport; e) all types of containers, in accordance with the Customs Convention on containers; f) pipelines, if the place of acceptance of goods or passengers and the designated place of delivery, as specified in the contract, are located in two different countries where at least one of them is a Party to the Main Agreement, as well as storage during cargo transit.

 Article 3 Objectives of the Basic Agreement

The objectives of the Basic Agreement are: a) development of economic relations, trade and transport links in the regions of Europe, the Black Sea, the Caucasus, the Caspian Sea and Asia; b) facilitating access to the international market for road, air and rail transport, as well as merchant shipping; c) facilitating the international transportation of goods, passengers and international transportation of hydrocarbon products; d) ensuring traffic safety, cargo safety and environmental protection; e) harmonization of transport policy, as well as the legal framework in the field of transport; f) creation of equal conditions for competition between individual modes of transport.

 Article 4 Promotion of international transport

1. Each Party grants the other Parties the right to transit international vehicles, goods and passengers through their territory on the terms specified in the Basic Agreement. 2. The Parties shall ensure the most effective organization of transit transportation assistance in their territories. 3. The provisions of the Basic Agreement do not affect the rights and obligations of the Parties arising from other international conventions and agreements to which they are or may become parties.

 Article 5 Payment of taxes, fees and other payments

Taxes, fees and other payments, regardless of their name or purpose, will not be levied in respect of transit transportation, with the exception of payment of expenses for transportation, customs, transportation-related services, as well as payments for the use of transport infrastructure.

 Article 6 Preferential terms and tariffs

1. Tariffs for transit transportation services are set on preferential terms. 2. The Parties agreed that if preferential terms and tariffs are established between the two Parties for the types of transportation specified in Article 1 of the Basic Agreement, no less preferential terms and tariffs will be applied between these Parties and other Parties.

 Article 7 Traffic safety, cargo safety and environmental protection

The Parties shall take appropriate measures to ensure the safety of movement, passengers and carriers, the safety of goods and vehicles, as well as environmental protection during international transportation provided for in Article 1 of the Basic Agreement.

 Article 8 Intergovernmental Commission

1. The Parties, in order to regulate issues related to the implementation and application of the provisions of the Basic Agreement, establish an Intergovernmental Commission. 2. The Intergovernmental Commission consists of high-ranking government officials of the Parties, or their representatives with decision-making powers within the framework of the Basic Agreement. The Intergovernmental Commission makes decisions based on the principle of consensus. 3. The Intergovernmental Commission shall hold regular meetings, at least once a year, in order of priority in each of the Parties. In this case, the host Party presides for one year. The Chairman of the Intergovernmental Commission is the head of the delegation of the Party in which the meeting is being held. Meetings of the Intergovernmental Commission are held on the proposal of the Chairman or any of the Parties with the participation of representatives of the Parties, who may invite relevant experts to participate. 4. The Intergovernmental Commission shall adopt its own rules of procedure. 5. If necessary, the Intergovernmental Commission may make proposals on amendments and modifications to the Basic Agreement, as well as on the adoption of new technical annexes to the Basic Agreement. 6. The Intergovernmental Commission develops decisions for adoption by the Parties and relevant recommendations on issues within the framework of the Basic Agreement, including: a) coordination of transport policy; b) ensuring compliance with the provisions of the Basic Agreement; c) collection and free exchange of relevant information; (d) The harmonious development of transport between the Parties, taking into account, above all, traffic safety, cargo safety and environmental aspects; (e) The promotion of cooperation between transport enterprises and institutions; (f) The promotion of multimodal transport; (g) simplification of customs procedures and practices to be applied at established checkpoints. 7. The Intergovernmental Commission has the right to establish working groups on the areas specified in paragraph 1 of Article 10 of the Basic Agreement and to determine their rights and obligations.

 Article 9 Permanent Secretariat

1. The Intergovernmental Commission shall establish a Permanent Secretariat for the effective implementation of the Basic Agreement. 2. The Secretariat is located in Baku, Republic of Azerbaijan, and has permanent missions in each of the Parties. 3. The Intergovernmental Commission will develop and approve the Regulations on the Permanent Secretariat, establish its terms of reference, rights and duties, the procedure for appointing officials, and prepare proposals on a system for co-financing the work of the Permanent Secretariat. The financing system is approved by the Governments of the Parties. 4. The Permanent Secretariat shall monitor the implementation of the provisions of the Basic Agreement, as well as implement the decisions of the Intergovernmental Commission and submit relevant proposals to the Intergovernmental Commission.

 Article 10 Technical applications

1. The Technical annexes on International road transport, international rail transport, international commercial shipping and Customs procedures and document processing are an integral part of the Basic Agreement, as well as other technical annexes that may be adopted subsequently, if necessary. 2. The Technical Annexes are binding on the Parties in the same way and to the same extent as the Main Agreement, and provide detailed regulation of the issues defined in the Main Agreement. However, if there are contradictions between the provisions of the Basic Agreement and the provisions of any technical annex, it is necessary to follow the provisions of the Basic Agreement. 3. Each Party has the right to propose amendments to the technical annexes and, if necessary, to submit drafts of new technical annexes to the Permanent Secretariat. 4. The proposed amendments to the technical annexes and new drafts are being considered by the Intergovernmental Commission.

 Article 11 Making changes and additions

1. With the consent of the Parties, amendments and additions may be made to the Main Agreement, which are formalized by the Protocol, which is an integral part of the Main Agreement. 2. The entry into force of the Protocol on Amendments and Additions is carried out in the same manner as the Main Agreement.

 Article 12 Dispute resolution

1. Any disputes, disagreements or claims between the Parties that arise in connection with the application, interpretation, violation or termination of the Basic Agreement and which cannot be resolved through negotiations, are referred to the Intergovernmental Commission for consideration by any of the Parties involved. 2. Any such disputes, disagreements or claims that cannot be resolved by an Intergovernmental Commission, at the request of all Parties involved, will be referred to the appropriate international or arbitral tribunal, or to the International Court of Justice in The Hague in its area of competence.

 Article 13 Entry into force

1. The Basic Agreement shall enter into force 30 days after the deposit of the fourth notification to the Depositary specified in Article 15 of the Basic Agreement on the completion by the Parties of the relevant domestic procedures in accordance with their National Legislation. 2. The Main Agreement shall enter into force for the remaining Parties 30 days after they have notified the Depositary of the completion of the relevant domestic procedures in accordance with their national legislation.

 Article 14 Accession to the Agreement

1. The Basic Agreement is open for accession by any State. 2. The instruments of accession, with the consent of all Parties to such accession, shall be deposited with the Depositary specified in Article 15 of the Basic Agreement. 3. The Agreement shall enter into force for the acceding States on the 30th day after the deposit of the instrument of accession with the Depositary. 4. Regional economic integration organizations may join the Main Agreement as an associate member. 5. The Intergovernmental Commission may develop conditions under which regional economic integration organizations may enter into an association with the Parties to this Agreement.

 Article 15 The Depositary

1. The depositary of the Basic Agreement is the Republic of Azerbaijan, which will send certified copies of it to the Signatories of the Basic Agreement. 2. The Depositary shall inform the Parties of the accession of other States to the Basic Agreement and of the termination of the Basic Agreement in respect of any of the Parties.

 Article 16 Period of validity

1. The Basic Agreement is concluded for a period of 10 years. The validity of the Basic Agreement is extended for the following five-year periods, unless the Parties declare otherwise. 2. The Main Agreement may be terminated on the territory of a Party if that Party notifies the Depositary in writing at least six months in advance of its intention to terminate it on its territory. 3. Obligations under contracts, agreements and other arrangements signed in accordance with the provisions of the Basic Agreement remain in force even after its termination, until their full implementation. Done in Baku on September 8, 1998, in one original copy, in Russian and English, both texts are equally authentic. In witness whereof, the undersigned Heads of State and Government or their plenipotentiaries sign this Basic Agreement, including the attached reservations.

For the Republic of Azerbaijan For the Republic of Moldova

For the Republic of Armenia For Romania

For the Republic of Bulgaria For the Republic of Tajikistan

For Georgia For the Turkish Republic

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic For Ukraine

Reservation of the Republic of Azerbaijan to the Main Multilateral Agreement on International Transport on the Development of the Corridor Europe-Caucasus-Asia

1. The Republic of Azerbaijan declares that none of the rights, obligations and provisions set forth in the "Basic Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor" and its Technical Annexes will be applied by the Republic of Azerbaijan to transportation through its territory for which the territory of the Republic of Armenia is the initial, transit or final territory. 2. The Republic of Azerbaijan reserves the right to amend or exclude the provisions of paragraph 1 of this Clause at any time, and the other Parties will be notified in writing of any such amendments or exclusions.

President of the Republic of Azerbaijan

 Reservation of the Republic of Kazakhstan to the Main Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor

The provisions of Article 4 of the Technical Annex on International Railway Transport and Note 2 thereto do not apply to the Republic of Kazakhstan.

Head of the Delegation of the Republic of Kazakhstan Minister of Transport and Communications

Romania's reservation to the Main Multilateral Agreement on International Transport for the Development of the Corridor Europe-Caucasus-Asia

Note 2 to the Technical Annex on Railways does not apply to Romania.

President of Romania

Technical Annex to the Basic Agreement on International Road Transport

Article 1 General provisions

The provisions of this Technical Annex regulate international road transport of goods and passengers: a) bilateral, between the Parties; b) transit through the territories of the Parties.

 Article 2 Definitions

For the purposes of this Technical Annex, the following terms mean: 1. The term "carrier" means any natural or legal person registered in the territory of one of the Parties and authorized in accordance with the applicable national legislation to carry out international road transportation of passengers or cargo. 2. The term "motor vehicle": - when transporting goods - a truck, a truck with a trailer, a tractor truck or a tractor truck with a semi-trailer; - when transporting passengers - a bus, i.e. automobile - a vehicle intended for the carriage of passengers and having at least 8 seats, not counting the driver's seat, as well as a trailer for the carriage of luggage. 3. The term "transportation" means the movement of vehicles with or without cargo on roads, even if part of the route of the car, trailer or semi-trailer passes through a waterway or 4. The term "dangerous goods" means goods considered dangerous according to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), 1957. 5. The term "perishable goods" means goods considered perishable according to the Agreement on the International Carriage of Perishable Products and Special Equipment Used for Such Carriage (ATP), 1970. 6. The term "permit" means a document issued by the competent authority of a Party authorizing a vehicle registered in the other Party to enter, exit or transit through the territory of the first Party. 7. The term "special permit" means a document issued by the competent authority of a Party authorizing a vehicle registered in the other Party to carry out special categories of transportation on or through the territory of the first Party. 8. The term "registration" means the registration of a motor vehicle by a Party in accordance with the requirements of its national competent authorities.

 Article 3 Market access

1. Each Party shall allow a carrier registered in the other Party to transport goods or passengers between any point on its territory and a point on the territory of other Parties or vice versa, as well as transit through its territory, subject to authorization, without any unreasonable delays or restrictions. 2. The carrier may carry out transportation to a third country only with the special permission of the competent authorities or organizations of the Parties for such transportation.

 Article 4 Weight and dimensions

1. The weight and dimensions of vehicles with or without cargo must be in accordance with the conditions of the official registration documents of these vehicles and must not exceed the existing restrictions of the receiving Party. 2. In the event that the weight or size of a vehicle with or without cargo carrying out transportation in accordance with this Technical Annex exceeds the maximum permissible limits of those in the receiving Party, a special permit is required.

 Article 5 Special categories of transportation

1. Transportation of dangerous and perishable goods must be carried out in accordance with the national legislation of the Parties. 2. A special permit is required for the transportation of dangerous or perishable goods by motor vehicles through the territories of the Parties.

 Article 6 Driving permits and certificates of technical suitability

Driving permits, certificates of technical suitability and official registration documents of motor vehicles issued by the competent authority of one Party and valid on its territory are recognized in the territories of the other Parties.

 Article 7 Violations

In the event of a violation by the carrier of the provisions of this Technical Annex, the Party on whose territory the violation occurred is obliged to notify the other Party as soon as possible of the violation, which will take measures provided for by its national legislation. These Parties inform each other about all the sanctions they impose.

 Article 8 Financial issues

When carrying out transportation on the basis of this Technical Annex, goods imported into the territory of the other Party are mutually exempt from customs duties, duties, and taxes.: 1) fuel and lubricants, within the limits of the norms provided for by the domestic legislation of the Party, contained in a standard tank of a car installed by the manufacturer; 2) spare parts and tools intended for repairing damaged vehicles that carry out these transportation. Unused spare parts are subject to re-export, and replaced spare parts must be removed, destroyed or handed over in accordance with the procedure established in the territory of the relevant Party.

Technical Annex to the Basic Agreement on International Railway Transport

Article 1 General provisions

The provisions of this Technical Annex regulate international rail transportation of goods and passengers: a) bilateral, between the Parties; b) transit, through the territories of the Parties.

 Article 2 Definitions

For the purposes of this Technical Annex, the following terms mean: 1. The term "national railway company" means any legal entity established in one of the Parties and having legal access to international rail transport in the country of establishment, in accordance with national legislation; 2. the term "train" means a locomotive and/or wagons registered in used and equipped by one of the Parties for the transportation of cargo and/or passengers; 3. The term "transportation" means the movement of freight and passenger trains by rail, even in cases where part of the transportation is carried out by waterways.

Article 3 Implementation Of The Technical Annex

The responsible authorities for the implementation of the provisions of this Technical Annex are listed in Note 1 of this Technical Annex.

Article 4 Preferential terms and tariffs

Preferential terms and tariffs will be determined in accordance with Articles 6 and 8 of the Basic Agreement and Note 2 of this Technical Annex.

Article 5 Documents

The Parties recognize licenses for transportation, forwarding and other activities issued in accordance with the national regulations of the Party, as well as certificates and other documents for the management and maintenance of trains in the territories of the Parties.

 Article 6 Objectives of cooperation

1. The Parties will cooperate at the governmental level in order to: a) the development of international railway transport, including multimodal communication; b) the preservation and development of railway communication established between the national railway infrastructures of the Parties and the mutual organizational management of national railway systems; (c) The establishment of direct economic relations between national railway companies and other relevant enterprises, including the joint use of warehouses and terminals on the most favorable terms; (d) the opening of representative offices of national railway companies in the territories of the Parties; (e) the exchange of information, including statistical data. 2. The Parties will cooperate at the level of competent authorities in order to: a) facilitating the passage of border procedures; b) providing international railway transport with energy resources; c) developing an agreed cost calculation method as the basis for preferential tariffs and uniform through rates; d) establishing a liability system for violations of technological parameters of transportation, loading and unloading, and return of trains owned by national railway companies of the Parties, as well as for environmental pollution; e) fulfillment by national railway companies of mutual obligations to purchase and repair trains, containers, equipment and machinery; f) development of training for railway personnel based on international training standards; g) assistance to railway personnel during their stay and performance of official duties in the territory of the other Party, and in case of sudden illnesses and injuries - provision of free first aid medical care.

 Note 1

to the Technical Annex on International Railway Transport, the responsible authorities in accordance with Article 3 of the Technical Annex on International Railway Transport are: 1. for the Republic of Azerbaijan - the Azerbaijan State Railway; 2. for the Republic of Armenia - the State Closed Joint Stock Company "Railway of the Republic of Armenia"; 3. for the Republic of Bulgaria - the National Company "Bulgarian State Railways"; 4. for Georgia - the Department of Railway Transport; 5. for the Republic of Kazakhstan - the Republican State Enterprise "Kazakhstan Temir Zholy"; 6. for the Kyrgyz Republic - the Kyrgyz Railway Administration; 7. for the Republic of Moldova - the State Enterprise "Railway of Moldova"; 8. for Romania - the Ministry of Transport of Romania; 9. for the Republic of Tajikistan - the Tajik Railway Administration; 10. for the Republic of Turkey - the State Railway Administration (TSDD); 11. for the Republic of Uzbekistan - the State-owned Joint-Stock Railway Company Uzbekiston Temir Yullari; 12. for Ukraine - the Ukrainian Railways Ukrzaliznytsia.

 Note 2

to the Technical Annex on International Railway Transport In accordance with Article 4 of the Technical Annex on International Rail Transport, the following preferential conditions and tariffs apply to the Parties to the Basic Agreement: a) up to 50% of the full current tariff for rail freight, with the exception of preferential tariffs in force in the relevant agreements and contracts; b) when transporting empty wagons on railway ferries, a discount of up to 50% of the full current tariff is provided. Payment for the carriage of empty wagons by railway ferries is made by the shipper directly to the ferry owners or to freight forwarders who have a contract with the ferry owner.

 Technical Annex to the Basic Agreement on International Commercial Shipping

 Article 1 General provisions

The provisions of the Technical Annex regulate international commercial shipping between the Parties, as well as transit traffic carried out by vessels of either Party.

 Article 2 Definitions

For the purposes of this Technical Annex, the following terms mean: 1. The term "vessel" means any merchant vessel entered in the register or other official list of a Party and flying the flag of that Party in accordance with its legislation. However, this term does not include: a) warships and civilian vessels used for non-commercial purposes; b) fishing vessels. 2. The term "crew member" means the captain and any person who, during the voyage on board the ship, performs functions related to the management, operation and maintenance of the ship, and is included in the ship's role of this vessel.

 Article 3 Provision of assistance

The Parties, within the limits of their national legislations, shall take all appropriate measures to facilitate commercial shipping, reduce unproductive ship downtime and maximize the acceleration and simplification of customs and port procedures.

 Article 4

1. The Parties will assist in the development of merchant shipping, guided by the principles of equality. 2. In the transportation of goods and passengers, the Parties will promote close cooperation between their chartering, shipping and shipping-related enterprises and organizations.

 Development of international merchant shipping Article 5

1. The parties agree: a) to facilitate the participation of ships of the Parties in transportation by sea and on inland waterways between the ports of the Parties, as well as the use of sea and inland waterways of the Parties in the transportation of transit goods from third countries, and to eliminate difficulties in this area; b) to ensure free access on land to multimodal transportation, respecting the legislation of the host Party. 2. The provisions of this article shall not affect the right of vessels of third countries to participate in transportation between the ports of the Parties.

 Article 6

The Parties, in accordance with the applicable legislation, will provide the necessary assistance to shipping and shipping-related enterprises and commercial organizations of either Party in opening lines to or from ports of the other Party, as well as in establishing their representative offices or joint ventures on the territory of the other Party.

 Article 7

1. The Parties will make their efforts to maintain and develop effective business relations between their authorities responsible for merchant shipping, as well as to encourage the development of contacts between their respective enterprises and organizations, including on the following issues:: a) efficient use of the merchant marine fleet and ports, expansion of economic and scientific ties; b) exchange of information and experience on various maritime operations in order to accelerate and facilitate the flow of traffic along the sea routes; c) policy coordination regarding activities in international organizations dealing with merchant shipping issues and participation in international maritime transport treaties.

 Article 8

Each Party shall refrain from any discriminatory measures against the vessels of the other Party engaged in liner and tramway communication between the Parties.

 Article 9 Most-favored-nation treatment

1. Each Party grants the most-favored-nation treatment in its ports, which are open to foreign trade and navigation, to the vessels of the other Party. 2. The provisions of paragraph 1 of this Article relate to customs procedures, fees and port charges, freedom of access to ports and the use of their facilities, as well as all measures of assistance provided to navigation and commercial operations in respect of ships, crew members, passengers and cargo. 3. The provisions of paragraph 1 of this Article: a) do not apply to ports closed for the entry of foreign vessels; b) do not apply to sea coasting and other activities reserved exclusively for their citizens and organizations; c) do not oblige either Party to extend to the vessels of the other Party the exceptions to the rules on mandatory pilotage provided to their vessels.

Article 10 Documents

1. Each of the Parties recognizes documents certifying the nationality of ships and other ship documents issued or recognized by the other Party. 2. Vessels of each Party equipped with measurement certificates in accordance with the 1969 International Convention on Ship Measurement are exempt from re-measurement in the ports of the other Party, and this document is used as the basis for calculating port fees.

 Article 11 Environmental protection

1. The vessels of the Parties shall take the necessary measures to prevent damage to the environment in the territory of any Party in accordance with international regulations. 2. Vessels owned by the owner of either Party shall be liable for any damage referred to in paragraph 1 of this Article in accordance with the laws of the country in which the damage to the environment was caused and in accordance with international agreements.

 Technical Annex to the Basic Agreement on Customs Procedures and Document Processing

 Article 1 General Provision

1. The provisions of this Technical Annex regulate customs procedures and document processing for international cargo and passenger transportation through the territories of the Parties. 2. In all cases not regulated by this Technical Annex, the legislation of the relevant Party shall apply.

 Article 2 International Conventions

1. The Parties are recommended to take measures to accede to the following International Conventions as soon as possible: but. Customs Convention on the International Carriage of Goods under Cover of TIR Carnets-1975; b. International Convention on the Harmonization of Conditions for the Control of Goods at Borders - 1982; c. Customs Convention on Containers - 1972. 2. The Parties will agree to guide their activities in accordance with the provisions provided for in the Conventions listed in paragraph 1 of this article.

 Article 3 Customs control

1. Customs clearance is carried out at specially designated customs control points. 2. Only representatives of the customs service within the territory of their Party have the authority to stop and inspect international goods transported through the territories of the Parties.

 Article 4 Document Processing

1. Each Party retains the cargo customs declaration as the main document. 2. A harmonious format and form of the cargo customs declaration conforming to the UN standard will be developed and implemented on the territory of the Parties. 3. The Parties will implement documents accompanying the goods in two languages and conforming to the UN standard for use on their territory as soon as possible. 4. The Parties will ensure the creation and development of licensed customs broker services.

I hereby certify that the attached text is an authentic copy of the Main Multilateral Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor, signed in Baku on September 8, 1998 at the International Conference on the Restoration of the Historical Silk Road. The original copy of the above-mentioned Agreement is kept at the Ministry of Foreign Affairs of the Republic of Azerbaijan.

Deputy Minister of Foreign Affairs of the Republic of Azerbaijan

President

Republic of Kazakhstan

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