On ratification of the Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport dated March 20, 2006

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On ratification of the Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport dated March 20, 2006

The Law of the Republic of Kazakhstan dated October 30, 2017 No. 101-VI SAM.

To ratify the Protocol on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport dated March 20, 2006, signed in Astana on March 23, 2017.

President of the Republic of Kazakhstan

N. NAZARBAYEV

PROTOCOL on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport dated March 20, 2006

(Entered into force on November 17, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 6, Article 83)

The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties,

Guided by paragraph 2 of Article 15 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on International Road Transport dated March 20, 2006 (hereinafter referred to as the Agreement) and the need to develop cooperation between the States of the Parties in the field of international automobile passenger transportation,

have agreed on the following:

Article 1

To make the following amendments and additions to the Agreement and the Executive Protocol on the Application of the Agreement (hereinafter referred to as the Executive Protocol):

1. The preamble of the Agreement should be worded as follows:

"The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties,

Guided by the need to further develop cooperation between the States of the Parties in the field of international road transportation of passengers and cargo,

Striving to facilitate the implementation of passenger and freight road transport between the States of the Parties, as well as transit through their territories,

Desiring to resolve these issues on the basis of mutual assistance, cooperation and mutual benefit,

have agreed on the following:".

2. Paragraph 1 of Article 1 of the Agreement shall be worded as follows:

"1. The provisions of this Agreement shall apply to international road transport of passengers and goods between the Republic of Kazakhstan and the Republic of Uzbekistan, transit through their territories, transportation from/to third countries carried out by vehicles registered in the territory of the state of one of the Parties.".

3. Paragraphs 1 and 2 of Article 2 of the Agreement shall be worded as follows:

"1. The term "carrier" means:

a natural or legal person registered in the territory of the State of one of the Parties, which has the right to carry out international transportation of passengers and goods for a fee or at its own expense in accordance with national legislation.

2. The term "motor vehicle" means:

When transporting passengers, it is a bus, that is, a vehicle designed to transport passengers and having at least 9 seats, including the driver's seat.;

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

4. Add paragraphs 7, 8 and 9 to Article 2 of the Agreement as follows:

"7. The term "scheduled passenger transportation" means:

transportation of passengers by bus, carried out according to routes, schedules, fares, and stopping points agreed in advance between the competent authorities of the States of the Parties, at which the carrier will board and disembark passengers.

8. The term "irregular passenger transportation" means:

transportation of passengers by buses that do not fall under the term "regular passenger transportation".

9. The term "transit transportation" means:

transportation of passengers or goods through the territory of the State of one of the Parties, in which the points of departure and destination are located outside the territory of this State.".

5. The title of section III of the Agreement should be worded as follows:

"III. Transportation of passengers and cargo".

6. Add paragraph 3 to Article 4 of the Agreement as follows:

"3. The competent authorities of the States of the Parties shall coordinate among themselves the procedure for the exchange of permit forms. These forms must have the seal and signature of the responsible person of the competent authority that issued the permit.".

7. To supplement the Agreement with Articles 5-1 and 5-2 as follows:

"Article 5-1

1. Regular passenger transportation is organized by agreement between the competent authorities of the States of the Parties.

2. Regular passenger transportation between the States of the Parties or transit through their territories is carried out on the basis of a permit issued by the competent authorities of the States of the Parties to the section of the route that passes through the territory of their State. Permits are issued in an agreed manner by the competent authorities of the States of the Parties for a period of up to 5 years.

3. Proposals on the organization of regular transportation are transmitted to each other by the competent authorities of the States of the Parties and must contain the following data:

a) name of the carrier;

b) the route indicating the final bus stations (bus stations);

c) timetable and fares;

d) the planned period and the regularity of transportation;

e) stopping points where the carrier embarks and disembarks passengers, as well as border crossing points;

f) a joint agreement in case the service is provided jointly by several carriers.

4. The competent authorities of the States of the Parties shall agree (in writing) on the procedure for organizing regular passenger transportation across the territories of their States.

Article 5-2

1. Irregular passenger transportation between the States of the Parties or transit through their territories, with the exception of transportation provided for in paragraph 2 of this Article, shall be carried out on the basis of a permit issued by the competent authorities of the States of the Parties.

2. The permit specified in paragraph 1 of this Article is not required for carrying out irregular passenger transportation in the following cases::

a) if a group of passengers in the same train is transported on the same bus during the entire trip and at the same time:

or the trip begins and ends in the territory of the state of the Party where the bus is registered.;

or the trip begins on the territory of the State of the Party where the bus is registered and ends on the territory of the State of the other Party, provided that the bus leaves the territory of the state of the other Party empty.;

or the bus enters the territory of the other Party's state empty in order to pick up a group of passengers previously delivered by this carrier.;

b) when replacing a faulty bus with another bus.

3. When carrying out the transportation provided for in subparagraph (a) of paragraph 2 of this Article, the bus driver must have a passenger list drawn up in a form agreed upon by the competent authorities of the States of the Parties.

4. A separate permit must be issued for each irregular passenger transportation, which gives the right to make one round trip.".

8. Paragraph 1 of Article 6 of the Agreement shall be worded as follows:

"1. The permits required under this Agreement (paragraph 2 of Article 4, paragraph 1 of Article 5, paragraph 2 of Article 5-1 and paragraph 1 of Article 5-2), as well as other transportation documents, must be in the vehicle during all transportation provided for in this Agreement and, upon request, presented for verification to representatives of the competent authorities of the States of the Parties. ".

9. Article 8 of the Agreement should be worded as follows:

"Article 8

1. The transportation provided for in this Agreement may be performed only by carriers that, according to the national legislation of their State, are authorized to carry out international transportation of passengers and cargo.

2. Motor vehicles engaged in international transportation of passengers and cargo must have the registration and distinctive signs of their State.

Trailers and semi-trailers may have registration and distinguishing signs of other countries, provided that trucks or tractors will have registration and distinguishing signs of the States of the Parties.

3. The carriers of the Parties are obliged to comply with the traffic rules and other laws of the state in whose territory passengers and cargo are transported.".

10. Article 9 of the Agreement should be worded as follows:

"Article 9

Transportation of passengers and cargo on the basis of this Agreement is subject to compulsory insurance of civil liability of vehicle owners for damage caused to third parties. The carrier is obliged to insure in advance each motor vehicle performing the specified transportation.".

11. In Article 12 of the Agreement:

Sub-paragraphs b) and c) of paragraph 1 shall be worded as follows:

"b) lubricants in quantities necessary for use during the transportation of passengers and cargo;

c) spare parts and tools intended for the repair of vehicles carrying out international transportation of passengers and cargo.";

Paragraph 2 should be worded as follows:

"2. Motor vehicles carrying passengers and goods under this Agreement are mutually exempt from fees and charges related to the ownership or use of motor vehicles, the use or maintenance of highways of the other Party's state, with the exception of fees and charges for the use of toll roads, highways, bridges and tunnels, if such fees and payments are collected from the vehicles of this state.".

12. Paragraph 1 of the Executive Protocol should be worded as follows:

"1. The competent authorities of the Agreement are:

From the Republic of Kazakhstan:

Ministry of Investment and Development of the Republic of Kazakhstan.

From the Republic of Uzbekistan:

The Uzbek Agency of Automobile and River Transport, the Ministry of Internal Affairs, the State Customs Committee and the State Committee of the Republic of Uzbekistan on Highways.

In the event of a change in the official names of the competent authorities of the States of the Parties, the Parties shall immediately notify each other through diplomatic channels.".

Article 2

This Protocol shall enter into force on the date of receipt, through diplomatic channels, of the last written notification by the Parties on the completion of the internal procedures necessary for its entry into force.

This Protocol shall terminate from the date of termination of the Agreement.

Done in Astana on March 23, 2017, in two copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic. In case of differences in the texts, the Parties refer to the text in Russian.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

RCPI's note!

The text of the Agreement in Uzbek is attached below.

President

Republic of Kazakhstan

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