On the ratification of the Agreement between the States parties to the Agreement on the Formation of a Transport Union on International Road Transport

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Law of the Republic of Kazakhstan dated February 3, 2004 No. 526

To ratify the Agreement between the States parties to the Agreement on the Formation of the Transport Union on International Road Transport, signed in Moscow on November 24, 1998.

President of the Republic of Kazakhstan

Agreement between the Participating States Agreements on the formation of a Transport Union on international road transport

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Russian Federation, hereinafter referred to as the Parties, guided by the Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on the Formation of the Transport Union dated January 22, 1998, based on the need for coordinated actions in the field of international road transport, In an effort to ensure favorable conditions for the unhindered movement of vehicles between the member States of the Customs Union and transit through their territories, taking into account the provisions of the Convention on the International Carriage of Passengers and Baggage by Road of October 9, 1997 (Bishkek), agreed as follows:

Article 1

In accordance with this Agreement, regular and irregular transportation of passengers, baggage and cargo between the States Parties to this Agreement and transit through their territories by vehicles registered in these States is carried out.

Article 2

The definition of the competent authorities of the Parties and the special terminology used in this Agreement are given in the Protocol attached to this Agreement, which is an integral part of it.

Article 3

1. Regular transportation of passengers by bus between the territories of the States of the Parties or transit through their territories is carried out on the basis of permits issued by the competent authorities of the Parties, in accordance with the procedure established by the Convention on International Road Transport of Passengers and Baggage dated October 9, 1997 (Bishkek). 2. The decision to grant or refuse a permit is made by the competent authorities of the Parties for the section of the route that passes through the territory of their States within three months from the date of receipt of the request from the other Party.

Article 4

Irregular transportation of passengers by bus between the territories of the States of the Parties or transit through their territories is carried out without permits and is formalized by a form issued for each trip, the form of which is agreed upon by the competent authorities of the Parties.

Article 5

In case of regular transportation of passengers by buses, the passenger is given a ticket and a baggage receipt of the established sample, the form of which is agreed upon by the competent authorities of the Parties.

Article 6

Transportation of goods by motor vehicles between the territories of the States of the Parties or transit within the Transport Union through their territories is carried out on a non-permissive basis.

Article 7

1. Transportation of dangerous goods by motor vehicles of one of the Parties through the territory of the State of the other Party is carried out under special permits issued by the competent authority of the other Party. The Parties annually exchange lists of dangerous goods requiring special permits. 2. If the mass or dimensions of a motor vehicle of one of the Parties traveling with or without cargo, as well as the weight loads on the axle, exceed the standards established in the territory of the State of the other Party, the carrier must obtain a special permit from the competent authority of the other Party. 3. If the special permit referred to in paragraphs 1 and 2 of this article provides for a specific route of transportation, then transportation should be carried out only along this route.

Article 8

The carriage of goods provided for in this Agreement is carried out according to waybills, the form of which corresponds to the generally accepted international model. By agreement of the competent authorities of the Parties, transportation by motor vehicles between the States Parties to this Agreement may be carried out using ordinary bill of lading forms.

Article 9

1. The relations of the Parties in the field of international road transport with third countries are regulated on the basis of concluded bilateral agreements. 2. The carrier of one of the Parties is not allowed to transport passengers and goods between two points located on the territory of the State of the other Party.

Article 10

1. When carrying out transportation on the basis of this Agreement, the goods imported into the territory of the other Party's state are mutually exempt from customs duties and duties.: a) fuel contained in containers provided for each model of vehicle, technologically and structurally connected to the engine power supply system and installed by the manufacturer; b) lubricants in quantities necessary for consumption during transportation; c) spare parts, aggregates and tools intended for the repair of a motor vehicle carrying out international transportation. 2. Unused spare parts and aggregates must be re-exported, and replaced spare parts and aggregates must be exported from the country, or destroyed, or handed over in accordance with the procedure established in the territory of the state of the other Party.

Article 11

Transportation of passengers and goods carried out by carriers of the state of one of the Parties on the territory of the State of the other Party on the basis of this Agreement, as well as vehicles performing these transportation, are exempt from taxes and fees related to the use or maintenance of roads, ownership or use of vehicles, except for fees for the use of toll roads if there are alternative free roads.

Article 12

1. The transportation provided for in this Agreement may be performed only by those carriers who, according to the national legislation of the States of these Parties, are allowed to carry out international transportation. 2. Motor vehicles engaged in international transportation must have registration and distinctive signs of their country. 3. Trailers and semi-trailers may have registration and distinguishing signs of other countries, provided that trucks or tractor trucks will have registration and distinguishing signs of the States Parties to this Agreement.

Article 13

Each carrier is obliged to insure in advance a motor vehicle carrying passengers and goods on the basis of this Agreement in respect of civil liability for damage caused to third parties by its motor vehicle. The document confirming the civil liability insurance is determined by the competent authorities of the Parties.

Article 14

1. In case of violation by the carrier of the provisions of this Agreement, the competent authority of the Party in whose territory the vehicle is registered, at the request of the competent authority of the other Party in whose territory the violation occurred, must take the necessary measures against this carrier. 2. The competent authorities of the Parties shall notify each other of the detected violations and the measures taken.

Article 15

With regard to border, customs and sanitary control, the Parties are guided by the provisions of international treaties to which they are parties, and when resolving issues not regulated by these treaties, the legislation of the State on whose territory the control is carried out will be applied. These types of controls will be carried out out of turn during the transportation of seriously ill people, regular transportation of passengers by buses, as well as during the transportation of animals and perishable goods.

Article 16

When carrying out international transportation, the Parties will ensure equal conditions for road transport enterprises (firms) of any of the Parties on the territory of their states, regardless of their organizational and legal forms and forms of ownership in the field of the sale of transport and forwarding services, and will also promote the creation of joint ventures.

Article 17

1. Bus or truck drivers must have national or international driving licenses corresponding to the category of vehicles they drive, and national vehicle registration documents. 2. National or international driving permits must conform to the model established by the International Convention on Road Traffic of 1968. 3. The permit and other documents required in accordance with the provisions of this Agreement must be carried on the vehicle and presented at the request of the competent authorities of the Parties. 4. Each Party recognizes in the territory of its State the registration documents and license plates for vehicles issued by the competent authorities of the States Parties to this Agreement, as well as driver's licenses for the right to drive a motor vehicle.

Article 18

Payments made under this Agreement will be made in accordance with the payment agreements in force between the Parties on the day of payment.

Article 19

Drivers of vehicles registered in the territory of the State of one of the Parties are obliged to comply with the legislation of the State in whose territory the vehicle is located.

Article 20

On the basis of reciprocity, the parties will coordinate work in the following areas: scientific and technical policy in road transport; development of drafts of legislative and other regulatory acts, standards and norms regulating the operation of road transport; creation of conditions for providing technical assistance to rolling stock, refueling vehicles with fuels and lubricants; assistance in case of accidents.

Article 21

The Parties will inform each other about amendments to existing regulatory legal acts, as well as about the approval of new regulatory documents in the field of road transport, if the interests of other Parties are affected.

Article 22

1. In order to comply with the provisions of this Agreement and resolve any disputes that arise, the Parties shall establish a Joint Commission. 2. If the disagreements cannot be resolved at a meeting of the Joint Commission, they are referred to the Integration Committee for consideration at the request of the competent authority of the State of one of the Parties. 3. The Joint Commission shall have the right to draft amendments to this Agreement and subsequently submit them for consideration by the Parties.

Article 23

Issues not regulated by this Agreement, as well as international treaties to which the Parties are parties, will be resolved in accordance with the national legislation of the States of the Parties.

Article 24

Amendments and additions to this Agreement are made by agreement of all Parties and are formalized by the relevant Protocol, which enters into force in accordance with Article 26 of this Agreement.

Article 25

1. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation are parties. 2. The provisions of the bilateral agreements on international road transport concluded between the Parties at the time of signing this Agreement shall apply to the extent that they do not contradict the provisions of this Agreement.

Article 26

1. This Agreement is concluded for an unlimited period, is temporarily applied from the date of signing, to the extent that it does not contradict the national legislation of the Parties, and enters into force from the date of delivery to the depositary, which recognizes the Integration Committee, of the last notification on the completion by the Parties of the internal procedures necessary for its entry into force. 2. Each Party has the right to withdraw from this Agreement by notifying the depositary in writing at least six months prior to withdrawal.

Done in Moscow on November 24, 1998, in a single copy in the Russian language. The original copy is kept in the Integration Committee, which will send a certified copy to each State Party to this Agreement.

For For For For For Government Government Government Government of the Republic of the Republic Kyrgyz Russian Belarus Kazakhstan Republic Federations

Annex to the Agreement between the Participating States Formation agreements Transport Union on International Road Transport

Protocol on the Application of Certain Concepts and Terms in an Agreement between the Participating States Agreements on the formation of a Transport Union on international road transport

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Russian Federation have agreed as follows:

1. The competent authorities of the Parties in the Agreement are understood as: on the part of the Republic of Belarus - the Ministry of Transport and Communications of the Republic of Belarus (under paragraph 1 of Article 7 - the Committee for Supervision of Safe Conduct of Work in Industry and Nuclear Energy of the Republic of Belarus); on the part of the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan (under Article 14 jointly with the Ministry of Ecology and Bioresources of the Republic of Kazakhstan, under articles 14, 17 - by the Ministry of Internal Affairs of the Republic of Kazakhstan); on the part of the Kyrgyz Republic - the Ministry of Transport and Communications of the Kyrgyz Republic (under paragraph 1 of Article 7 - the Ministry of Internal Affairs of the Kyrgyz Republic); on the part of the Russian Federation - the Ministry of Transport of the Russian Federation (under paragraph 2 of Article 7, the competent authority is the Federal Road Service of Russia).

2. The following terms are used in the Agreement: "carrier" - a legal entity or individual registered in the territory of the state of one of the Parties and authorized in accordance with the applicable national legislation to carry out international transportation of passengers and cargo; "motor vehicle": when transporting goods - a truck, a truck with a trailer, a tractor truck or a tractor with a semi-trailer; When transporting passengers, a bus is used, that is, a vehicle designed to transport passengers and having at least 9 seats, including the driver's seat, and a trailer for transporting personal luggage is also possible; "regular passenger transportation" means passenger transportation carried out by buses according to a schedule, fare, and route agreed upon in advance by the competent authorities of the Parties. indicating the starting and ending points of movement and stopping points; "irregular passenger transportation" - all other passenger transportation that does not fall under the concept of "Regular passenger transportation"; "third State" - any other State that is not a party to this Agreement.

3. In article 15 of the Agreement, the term "sanitary control" refers to sanitary, veterinary, and phytosanitary control.

This Protocol, which is an integral part of the Agreement, was drawn up in Moscow on November 24, 1998 in a single copy in Russian. The original copy is kept in the Integration Committee, which will send a certified copy to each State Party to this Agreement.

For For For For For Government Government Government Government of the Republic of the Republic Kyrgyz Russian Belarus Kazakhstan Republic Federations

I hereby certify that the attached texts are authentic copies of Decision No. 40 "On the Agreement between the States Parties to the Agreement on the Formation of the International Automobile Transport Union", adopted at the meeting of the Council of Heads of Government at the Interstate Council, which took place on November 24, 1998 in Moscow and the Agreement between the States Parties to the Agreement on the Formation of the Transport Union about international automobile transport, as well as the Protocol on the Application of Certain concepts and Terms in the Agreement between the States parties to the Agreement on the Formation of the Transport Union on International Road Transport, signed by Prime Minister of the Republic of Belarus S. Ling, Prime Minister of the Republic of Kazakhstan N. Balgimbayev, Prime Minister of the Kyrgyz Republic K. Zhumaliev and Chairman of the Government of the Russian Federation E. Primakov. The original copies of the above-mentioned documents are kept in the Integration Committee of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation.

Business Manager The Integration Committee

The copy is correct

Referent of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

The Council of Heads of Government at the Interstate Council of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation

Decision

dated November 24, 1998, No. 40, Moscow

On the Agreement between the Participating States Agreements on the formation of a Transport Union on international road transport

The Council of Heads of Government at the Interstate Council of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation decided: To adopt an Agreement between the States parties to the Agreement on the Formation of a Transport Union on International Road Transport (attached).

Prime Minister- Prime Minister- Prime Minister- Chairman Minister Minister Minister Government of the Republic of the Republic Kyrgyz Russian Belarus Kazakhstan of the Republic of Federation

President

Republic of Kazakhstan

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