On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Estonia on international road traffic

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Law Of The Republic Of Kazakhstan. November 14, 2002 N 357

Approve the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Estonia on international road traffic, concluded in Astana on June 15, 2000.

President Of The Republic Of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Estonia on international road traffic

(Entered into force on December 18, 2002-official website of the Ministry of Foreign Affairs)

The Government of the Republic of Kazakhstan and the Government of the Republic of Estonia, hereinafter referred to as the parties, taking into account the favorable development of bilateral trade and economic relations and guided by the desire to develop road traffic between the two countries, as well as through their territories, decided to conclude this Agreement for the purpose of mutual benefit and success.

Article 1

In accordance with this Agreement, regular and irregular transportation of passengers and goods in transit between the two countries and through their territories is carried out by motor vehicles on roads open for international road traffic.

I. PASSENGER TRANSPORTATION

Article 2

1.transportation of passengers by bus will be carried out in accordance with this agreement on the basis of permits, not counting the transportation specified in Article 3. 2.to enter the territory of the state of the other party by empty buses, a personal permit of that country is required, not counting the cases provided for in Paragraph 2 of Article 3. 3.regular transportation of passengers by buses is organized by agreement between the competent authorities of the parties. 4.the competent authorities of the parties shall submit proposals to each other in writing on the organization of such transportation in advance. 5.these recommendations should contain information regarding the name and addresses of the carrier (company), route, schedule, fare, places of stops where the carrier conducts boarding and disembarking passengers, as well as the established period and stability of Transportation.

Article 3

1.when carrying out passenger transportation by buses: a) if one and the same group of personnel is transported by one bus during the entire trip, starting and ending in the territory of the party to which the bus is registered, and during such travel the personnel of passengers remains unchanged; B) if one and the same group of personnel is transported in the same direction by one bus throughout the entire trip, starting from the territory of the party to which the bus is registered and ending in the territory of the other party, if the bus returns empty after transportation, permission is not required. During such transportation, a list of passengers is required, with the exception of stationary ones. 2.permission is not required if the carrier replaces the damaged bus with another bus with an empty exit suitable for use.

II. CARGO TRANSPORTATION

Article 4

1.transportation of goods in transit between two countries or through their territories is carried out by motor vehicles on the basis of permits issued by the competent authorities of the parties, with the exception of Transportation provided for in Article 5 of this Agreement. 2.a separate permit is issued for each carriage, allowing one round-trip flight, unless otherwise specified in the permit itself. 3.the competent authorities of the parties shall annually issue each other a number of mutually agreed forms of permits for the carriage of goods. 4. Each car or road train must be issued an individual permit. The permit is also required for empty motor vehicles. When transporting by road train, permission is required only for traction. The validity of the permit is 1 calendar year.

Article 5

1. the permits specified in Article 4 of this Agreement shall include: a) property to be moved upon relocation; B) exhibits, equipment and materials for the arrangement of fairs and exhibitions; C) vehicles, animals, as well as various accessories and property for sports events; d) theatrical performances and props, musical instruments, equipment and accessories for filming, radio and television programs; e) body and bones of the deceased; e); G) broken motor vehicles; H) medical equipment and medicines to assist in the event of a natural disaster; I) cargo transportation by motor vehicles with a total permissible weight of no more than 6 tons, including a trailer, or with a permissible payload of no more than 3.5 tons, including a trailer. 2.the exceptions provided for in subitems b), c) and D) of Item 1 of this article shall apply only in cases where the cargo is subject to return to the country of registration of the vehicle or if the cargo is transported to the territory of a third country.

Article 6

1.the volume or weight of a motor vehicle traveling with or without cargo by the state of one party exceeds the norms established on the territory of the state of the other party, as well as when transporting dangerous goods, the carrier must obtain a special permit from the competent authorities of the other party. The competent authorities of the parties must respond to an application for the issuance of such a special permit no later than 15 days from the date of its receipt. 2. If the special permit specified in Paragraph 1 of this article provides for the movement of a motor vehicle along the established route, then Transportation must be carried out only along this route.

III. GENERAL PROVISIONS

Article 7

1.the carrier of the state of one party is not allowed to carry out passenger and cargo transportation between two locations located on the territory of the state of the other party. 2.if the carrier of the state of one party receives special permission from the competent body of the state of the other party, it may carry out transportation from the territory of the state of the other party to the territory of the third country, as well as from the territory of the third country to the territory of the other party.

Article 8

1.Transportation provided for by this Agreement shall be carried out only by carriers authorized to carry out international transportation in accordance with the domestic laws of their countries. 2.motor vehicles carrying out international transportation must have distinctive and registration marks of their countries. 3.when carrying out international transportation on the basis of this Agreement, the carrier of the state of one party is obliged to comply with the laws and traffic rules applicable on the territory of the state of the other party.

Article 9

The forms of cargo transportation provided for by this Agreement are carried out through shipping documents that correspond to the generally accepted international model.

Article 10

The driver of a motor vehicle must have a national or international driver's license corresponding to the category of the motor vehicle he drives and national registration documents for the motor vehicle.

Article 11

Passenger and cargo transportation carried out on the territory of the state of the other party, with the exception of the payment by carriers of the state of the one party on the basis of this agreement of taxes, fees and duties levied for travel on individual sections of highways, tunnels, bridges and other engineering and technical road structures established by the national laws of the states of the parties, as well as, also, vehicles that perform these transports are exempt from taxes and fees related to the use or maintenance of roads.

Article 12

International transportation on the basis of this agreement is allowed if the motor vehicle performing the transportation is insured against civil liability for damage that may be caused to third parties at the time of entry into the territory of the state by each party.

Article 13

With regard to border, customs and sanitary control, the provisions of international agreements and conventions, in which both parties are participants, apply. When resolving issues not regulated by these agreements, the internal laws of the states of each party shall apply.

Article 14

1.during the transportation of seriously ill patients, regular transportation of passengers by buses, as well as during the transportation of animals and perishable goods, border, customs and sanitary control is carried out out of turn. 2.the provisions of this Agreement do not contribute to the fulfillment of the requirements provided for by the customs laws of the states of the parties for the procedures for the Export, Import and transit of goods.

Article 15

1. when carrying out transportation on the basis of this Agreement, as well as customs fees for customs clearance and customs duties for import, imported into the territory of the state of the other party: a) technological and constructively connected capacities with the engine power supply system provided for each vehicle model, as well as fuel in additional tanks technologically connected to the operation of special units installed on cargo vehicles; B) lubricants in the amount necessary for consumption during transportation; C) spare parts for the repair of a motor vehicle carrying out international transportation are mutually released. 2.unused spare parts are subject to re-export, and replaced spare parts must be either exported from the country, or destroyed, or sold in accordance with the established procedure of the state of origin.

Article 16

In case of violation by the carrier of the provisions of this agreement on the territory of the state of one party, the competent authorities of the country in which the motor vehicle is registered shall, at the request of the Competent Authority of the state of the other party, apply measures provided for by internal laws to the carrier that allowed the violation. At the request of the Competent Authority of one party, it informs about the measures taken by the Competent Authority of the other party. Motor carriers of the states of the party shall be liable for offenses committed in accordance with the national laws of the country in which they occurred.

Article 17

In order to ensure the implementation of this Agreement and to resolve emerging disputes as soon as possible, the parties form a Joint Commission. The Joint Commission consists of representatives of the competent authorities of their states. Meetings of the Joint Commission are held on the proposal of one of the parties.

Article 18

1.The Parties shall resolve all disputes arising in connection with the interpretation and application of this agreement through consultations and negotiations. 2.the parties may, by mutual agreement of both parties, make the necessary additions or changes to this Agreement. Such changes or additions take effect from the moment of exchange of notes notifying them of their approval by each party.

IV. FINAL PROVISIONS

Article 19

Issues not regulated by this Agreement, as well as international treaties and agreements to which both parties are participants, are resolved in accordance with the internal laws of the state of each party.

Article 20

This agreement does not affect the rights and obligations of the parties arising from other international treaties and agreements concluded.

Article 21

1.this Agreement shall enter into force from the date of receipt of the last notification of the implementation of the internal procedures necessary for the entry into force of the agreement. 2.this agreement is concluded for an indefinite period and remains valid for 90 days from the date of written notification by one of the parties through diplomatic channels to the other party of its intention to cancel the agreement. 3.the agreement is accompanied by an executive protocol, which is an integral part of it. In Astana, on June 15, 2000, two copies were created, each in Kazakh, Estonian and Russian, and all texts are equally valid. In case of different interpretations of the individual provisions of this Agreement, the parties shall take as a basis the text in Russian.

For the Government of the Republic of Kazakhstan for the Government of the Republic of Estonia

Executive protocol on the application of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Estonia on international road traffic

In Astana, an agreement was reached regarding the application of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Estonia on international road traffic, signed on June 15, 2000: 1. in the sense of this Agreement, the competent authorities are understood as:

From the side of the Republic of Kazakhstan

A) in accordance with Articles 2, 4, 7, 16 and 17 of the Ministry of Transport and communications of the Republic of Kazakhstan, 473000, Astana, Abay Ave., 49, Tel.: (3172) 32 62 67, fax: (3172) 32 10 58 p) Under Article 6 - A special permit for the movement of a motor vehicle with a volume or weight exceeding the established norms on the territory of the Republic of Kazakhstan is issued by the Transport Control Committee of the Ministry of Transport and communications of the Republic of Kazakhstan, 473000, Astana, Auezov STR., 71, Tel.: (3172) 33 31 54, fax.: (3172) 33 33 14 in the order for the issuance of a special permit: a) the name of the carrier and its address; B) the brand, model and registration number of the vehicle; C) the number of shafts, wheels and the scheme of their mutual location; d) the total actual weight, volume of the vehicle with the Cargo; E) the force exerted on each shaft; e) the smallest turning radius of the vehicle with the cargo; G) the place of loading and unloading, the route of travel, the estimated time and date of travel, the place of crossing the state border; 3) upon request, a sketch of the vehicle with the cargo must be indicated; C) under Article 6 - a special permit for all dangerous classes of cargo in the transportation of dangerous goods across the territory of the Republic of Kazakhstan is issued by the Ministry of Natural Resources and environment of the Republic of Kazakhstan, 475000 Kokshetau, K. Marx Street, 81 Tel. (3162) 5-42-42, fax (316) 5-06-20;

The Republic of Estonia

a) Ministry of Transport and communications of the Republic of Estonia under Articles 2, 4, 7, 16 and 17 15081, Tallinn, Viru 9 Tel.: (372) 6397 613, fax: (372) 6397 606; B) under Article 6-a special permit for the movement of a motor vehicle, the size and weight of which exceeds the established norms on the territory of the Republic of Estonia, is issued by the Estonian highway department 10141, Tallinn, Pyarnuss Highway 24 Tel. (372) 6 11 93 00, Fax (372) 6 11 93 61 in the order for the issuance of a special permit: a) the name of the carrier and its address; b) Make, type and registration number of the vehicle; c) number of shafts and their location; d) volume and weight of the vehicle with cargo; e) load capacity; f) load on each shaft; g) address of places of loading and unloading; h) place, date and directions; i) sketch of the vehicle funds with cargo on demand. C) under Article 6-a special permit for the transportation of dangerous goods on the territory of the Republic of Estonia is issued by: Estonian Highway Department 10141, Tallinn, Pyarnuss Highway, Tel.24. (372) 6 11 93, fax (372) 6 11 93 61 2. The Meaning of this agreement should be understood as: 2.1. the term "carrier" means any individual and legal entity authorized to perform international transportation in accordance with the internal laws of the state of the parties. 2.2. The term "motor vehicle" means: when transporting goods - a truck, a truck with a trailer, a car tow or a tow truck with a semi - trailer; when transporting passengers-a bus, that is, a motor vehicle for transporting passengers and with 8 seats, not counting the driver's seat, as well as a trailer for transporting an equal cargo. 2.3. The term" permit " refers to a document of one party's state that authorizes the entry, exit of a motor vehicle into/from the territory of the other party's state, or authorizes transit through the territory of the other party's state. 2.4. "regular transportation" means transportation carried out along the route specified in advance by the motor vehicle of the state of the parties, the schedule, starting and ending places of movement and stopping places. 2.5.the term" irregular transportation " means all other transportation. 2.6. "Transit transportation" means passenger and cargo transportation through the territory of one of the states of these parties, when the places of departure and Arrival are located outside the territory of the state of the party. 3.for the implementation of Paragraph 2 of Article 4 of this agreement, it is provided that the permit for the performance of transportation can be used only by the carrier to which it is issued and cannot be transferred to another person. 4. By November of this year, the competent authorities of the parties agree on the required amount of permits for the next year in the above categories, the exchange of which is carried out until December 1 of this year. Permits issued in the current year are valid until January 31 of the following year. 5.permits and other documents required in accordance with the provisions of this agreement must be in the vehicle to which they belong and are indicated at the request of the competent control body. This executive protocol was drawn up in two copies, each in Kazakh, Estonian and Russian, and all texts are equally valid. In cases where individual provisions of this Agreement are interpreted differently, the text in Russian is taken as a basis. Created on June 15, 2000 in Astana.

For the Government of the Republic of Kazakhstan for the Government of the Republic of Estonia

President

Republic of Kazakhstan

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