On accession of the Republic of Kazakhstan to the European agreement on international road transport of dangerous goods

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Law of the Republic of Kazakhstan dated May 7, 2001 N 193-II

To include the Republic of Kazakhstan in the European agreement on international road traffic of dangerous goods, concluded in Geneva on September 30, 1957.

President Of The Republic Of Kazakhstan

European agreement on international road transport of dangerous goods(HSE)

(Entered into force on August 26, 2001-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

The contracting parties, seeking to improve the safety of international road traffic, agreed on the following:

Article 1

For the purposes of this Agreement: (a) the term "vehicles" means cars, traction vehicles with semi-trailers, trailers and semi-trailers in accordance with the definitions given in Article 4 of the Convention on road traffic of September 19, 1949, with the exception of vehicles belonging to or owned by the Armed Forces of one of the Contracting Parties; b) the term" dangerous goods "means items and products that are not allowed for international road transport in accordance with the provisions of annexes A and B or are allowed in compliance with certain conditions; C) the term" international transport " means any transport carried out through the territory of the two Contracting Parties, even if not with the means of transport defined above, in paragraph a).

Article 2

1.dangerous goods that are not allowed to be transported in accordance with annex a, subject to compliance with the provisions of Paragraph 3 of Article 4, should not be objects of international transportation. 2. International transportation of other dangerous goods is allowed if: a) the requirements provided for in Annex A, which the cargo in question must meet, in particular, the requirements for their packaging and labeling,and B) the requirements provided for in Annex B, in particular, the requirements related to the design, equipment and movement of the vehicle transporting the goods in question, are observed, subject to compliance with the provisions of Paragraph 2 of Article 4.

Article 3

The annexes to this Agreement are integral parts of it.

Article 4

1.each Contracting Party reserves the right to regulate or prohibit the import of dangerous goods into its territory for other reasons of road safety. 2. Vehicles that are in use on the territory of one of the Contracting Parties at the time of entry into force of this Agreement or put into operation within two months after its entry into force shall have the right to carry out international dangerous goods transportation for three years from the date of entry into force of the agreement, even if their design and equipment do not fully meet the requirements provided for in Annex B However, this period can be shortened by introducing exclusive provisions in Annex B. 3. The contracting parties retain the right to agree by concluding exclusive bilateral or multilateral agreements that some dangerous goods prohibited from any international transportation in this Agreement may, under certain circumstances, be permitted for international transportation through their territories, or that dangerous goods permitted for international transportation in this agreement only under certain conditions may be subject to international transportation through their territories in compliance with Special bilateral or multilateral agreements provided for in this paragraph shall be communicated to the secretary-general of the United Nations, who shall notify the Contracting Parties that have not signed the above agreements.

Article 5

The traffic to which this agreement applies remains the subject of domestic or international instructions relating to road traffic, international road traffic or international trade as a whole.

Article 6

1.countries that are members of the European Economic Commission and countries that participate in the work of the Commission with the right of an advisory vote in accordance with Paragraph 8 of the regulation on the scope of proceedings of this commission may: a) by signing it; b) by approving it after signing it with a note of approval; C) by joining it. 2. Countries that may participate in some work of the European Economic Commission as an application of paragraph 11 of the regulation on the scope of proceedings of this commission may become Contracting Parties to this agreement by joining it after the entry into force of the agreement. 3.the agreement is open for signature until December 15, 1957. After this date, it will be open for accession. 4.Approval or accession shall be made by submitting the relevant Act for storage to the secretary-general of the United Nations.

Article 7

1.this Agreement shall enter into force upon the expiration of one month from the date when the number of countries specified in Paragraph 1 of Article 6, which have signed or deposited acts of approval or accession without a note on its approval reaches five. However, the provisions of the annexes will only apply six months after the entry into force of the agreement itself. 2. This Agreement shall enter into force for each country that accedes to it after the five countries mentioned in Paragraph 1 of Article 6 have ratified it or signed it without notice of approval or deposited the acts of approval or accession, and the provisions of the annexes to this Agreement shall apply for this country from the same date, if they have entered into force at this time, or in the opposite case from the date, which must be applied in accordance with the provisions of Paragraph 1 of this article.

Article 8

1.each Contracting Party may terminate this agreement by notification addressed to the secretary-general of the United Nations. 2.the cancellation shall enter into force upon the expiration of twelve months from the date of receipt of the notification in respect of it by the secretary-general.

Article 9

1.this Agreement shall cease to be valid if the number of contracting parties is less than five within twelve consecutive months after its entry into force. 2.in the event of the conclusion of a world Agreement regulating the road transport of Dangerous Goods, any provision of this agreement that contradicts any provision of the world Agreement shall be invalidated by itself in relations between the parties to this Agreement, which are the contracting parties to the world Agreement and shall be replaced by the relevant provision of the world Agreement ipso facto, as calculated from the date of entry into force of the world Agreement.

Article 10

1.each country may declare that this agreement applies to all territories or to certain territories for which it is responsible for its external relations by notification addressed to the secretary-general of the United Nations at the time of signing this agreement without notice, or at the time of depositing its act of ratification or accession for storage, or at any subsequent moment. The agreement and its annexes apply to the territory or territories specified in the notification after one month from the date of receipt of this notification by the secretary general. 2. In accordance with paragraph 1 of this article, each country that has made a statement that this agreement applies to the territory for which it is responsible for its external relations may, in accordance with Article 8, cancel the agreement in respect of the specified territory.

Article 11

1.any dispute between two or more contracting parties relating to the interpretation or application of this Agreement shall, if possible, be resolved through negotiations between the parties in which the dispute arose. 2.any dispute that cannot be resolved by negotiation shall be submitted to the arbitration court at the request of one of the parties to the dispute and shall therefore be submitted to one or more arbitration judges elected by common agreement of the parties to the dispute. If, within three months from the date of filing an application for an arbitration court, the disputing parties do not agree on the election of an arbitration judge or arbitration judges, either of these parties may petition the secretary-general of the United Nations for the appointment of a single arbitration judge to be granted to resolve the dispute. 3.the decision of an arbitration judge or arbitration judges appointed in accordance with paragraph 2 of this article shall be binding on the parties to the dispute.

Article 12

1.each Contracting Party may declare at the time of signing or ratifying or joining this agreement that it does not consider itself to be related to Article 11. Other Contracting Parties shall not be bound by Article 11 in respect of any contracting party that has made such a reservation. 2.any Contracting Party making a reservation in accordance with paragraph 1 of this article may withdraw it at any time by notification addressed to the Secretary-General of the United Nations.

Article 13

1.upon the expiration of three years from the date of entry into force of this Agreement, any contracting party may, by notification addressed to the secretary-general of the United Nations, request to convene a conference to review the text of the agreement. The Secretary-General shall notify all Contracting Parties of this request and shall convene a conference to review the agreement if, before the expiration of four months from the date of sending the specified notification, one-fourth of the contracting parties, if not even one-fourth, have informed them that they agree with this request. 2. If a conference is convened in accordance with paragraph 1 of this article, the Secretary-General shall notify all Contracting Parties of this and apply to them within three months to submit their proposals, which are motivated to be submitted for consideration by the conference. The Secretary-General informs all Contracting Parties about the agenda of the preliminary conference, as well as the text of these proposals, three months before the opening of the conference, even if not earlier. 3. To any conference convened in accordance with this article, the Secretary General shall convene all the countries referred to in Paragraph 1 of Article 6, as well as the countries that were the Contracting Parties in accordance with paragraph 2 of Article 6.

Article 14

1.any contracting party may submit one or more amendments to the annexes to this Agreement, regardless of the revision procedure provided for in Article 13. To this end, he sends the text of the amendments to the secretary-general of the United Nations. In order to ensure compliance between these annexes and other international agreements concerning the transport of dangerous goods, the secretary-general may make proposals to amend the annexes to this Agreement. 2. The Secretary-General shall notify all Contracting Parties of any proposal made in accordance with paragraph 1 of this article and shall address other countries referred to in Paragraph 1 of Article 6. 3.any draft amendments to the annexes shall be considered adopted if, before the expiration of three months from the date of sending the secretary-general, one third of the contracting parties, even if not present, or five of them, if one third exceeds this number, have not notified the secretary-general in writing of their objections to the proposed amendment. If the amendment is deemed to have been adopted, it shall enter into force for all contracting parties after the expiration of a new three-month period; it shall not include the following circumstances: (a) if similar amendments have been made or may be made to other international agreements provided for in Paragraph 1 of this article, the amendment shall enter into force after the expiration of the period established by the secretary-general, if possible, to allow this amendment and other amendments made or may be made to such agreements to enter into force at the same time; however, this period may not be less than one month; (B) the contracting party that submitted the draft amendment may indicate in its proposal a period of more than three months for the amendment to enter into force if it is adopted. 4.the Secretary-General shall notify all Contracting Parties and all countries referred to in Paragraph 1 of Article 6 of the proposed amendment without delay, if possible, of any objection by the Contracting Parties. 5. If the draft amendment to the annexes is not considered accepted, but if, in addition to the submission of the draft, or even in its absence, one Contracting Party has notified the secretary-general in writing that it agrees with the draft, the Secretary-General shall convene all Contracting Parties and all countries referred to in Paragraph 1 of Article 6 within a period of three months, starting after the expiration of the three-month period provided for in paragraph 3 of this article. The secretary-general also addressed to this council: a) international government organizations competent in the field of transport; (B) invite representatives of international non-governmental organizations whose activities are directly related to the transportation of dangerous goods in the territories of the Contracting Parties. 6.Any amendment adopted by more than half of all Contracting Parties at a meeting convened in accordance with paragraph 5 of this article shall enter into force for all Contracting Parties in accordance with the procedure established by the majority of the contracting parties present at the above-mentioned meeting.

Article 15

The Secretary-General of the United Nations shall notify the countries referred to in Article 6, paragraph 1, as well as the countries in which the Contracting Parties are in accordance with Article 6, in addition to the notes provided for in Articles 13 and 14: A) on the signing and ratification and accession to the agreement in accordance with Article 6; b) on the dates of entry into force of this Agreement and its annexes in accordance with Article 7; C) on its cancellation in accordance with Article 8; d) on the loss of validity of this agreement in accordance with Article 9; E) on the termination of this agreement in accordance with Article 10 on the denunciations and denunciations received in accordance with; f) on applications and notes received in accordance with paragraphs 1 and 2 of Article 12; g) on the adoption of amendments in accordance with paragraphs 3 and 6 of Article 14 and the period of their entry into force.

Article 16

1.The Protocol on the signing of this Agreement, which is an integral part of the agreement, has the same force, significance and validity period as the agreement itself. 2.it is not allowed to make any other comments to this Agreement, except for comments included in the protocol of signature and made in accordance with Article 12.

Article 17

After 15 December 1957, the original of this Agreement shall be deposited with the secretary-general of the United Nations, who shall send certified copies to each of the countries referred to in Paragraph 1 of Article 6. To certify this, the duly authorized below signatories, have signed this Agreement. It was concluded in Geneva on September thirtieth of the thousand nine hundred and fifty-seventh in a single copy; the text of the agreement itself - in English and French, and the text of the annexes-in French, and both texts of the agreement have the same legal force. The secretary-general of the United Nations is recommended to ensure an official translation of the annexes into English and to attach this translation to certified copies provided for in Article 17 of this Agreement.

Protocol on the signing of the European agreement on international road traffic of dangerous goods

The following signatories, duly authorized at the time of signing the European agreement on international road transport of dangerous goods (HSE): 1. Considering that the conditions for the carriage of dangerous goods by sea upon import or export to the United Kingdom are significantly different from the conditions set out in Annex A to the UAPH and cannot be changed in order to follow the terms of the UAPH in the near future, taking into account that the United Kingdom undertakes, in the form of an amendment to Annex A, to provide it with, Decides that, prior to the entry into force of this exclusive annex, the transportation of dangerous goods carried out in the order of application of the HSE must satisfy the provisions of Annex A to the HSE and, in addition, the instructions applicable to the carriage of dangerous goods by sea in the United Kingdom upon import or export from this country; 2. The government of the French Republic, as a waiver of Article 4, paragraph 2, refers to vehicles used in the territory of the second Contracting Party, regardless of the time of their commissioning, as information, the statement made by the representative of France that these vehicles reserve the right to allow the carriage of dangerous goods on French territory only if they meet the requirements provided for in Annex B for such transportation or the conditions applicable for the carriage of goods specified in the French rules for the carriage of dangerous goods on road; 3. Proposals made in accordance with paragraph 1 of Article 14 or paragraph 2 of Article 13 on amendments to this Agreement or its annexes shall, if possible, be discussed in advance by the Council of experts of the contracting parties, as well as, if necessary, by experts of both other countries mentioned in Paragraph 1 of Article 6 of the agreement and international organizations specified in paragraph 5 of Article 14 of the agreement.

President

Republic of Kazakhstan

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