On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on International Road Transport

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on International Road Transport

The Law of the Republic of Kazakhstan dated November 28, 2007 No. 6-IV.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on International Road Transport, signed in Astana on March 6, 2007.

President

Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on International road transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on January 8, 2008)

The Government of the Republic of Kazakhstan and the Government of Georgia, 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 transport,

Striving to facilitate the implementation of automobile communication between the States of the Parties and transit through their territories,

have agreed on the following:

Article 1. Scope

1. The Parties have agreed, on the basis of this Agreement and in accordance with the national laws of their States, to promote cooperation in the field of road transport, the development of bilateral and transit road transport of passengers and goods between the States of the Parties and transit through their territories, as well as to third States or/ from third States, and for these purposes, determining the procedure for the implementation of these transportation.

2. The transportation referred to in paragraph 1 of this Article is carried out by vehicles registered in the territory of one of the States of the Parties (including passenger vehicles) on roads open to international automobile traffic.

3. This Agreement does not affect the rights and obligations of the States of the Parties arising from other international agreements.

Article 2. Definitions

For the purposes of interpreting the provisions of this Agreement, the following terms mean:

1. "Carrier" means any natural or legal person registered in the territory of the State of one of the Parties, which, in accordance with the national legislation of its State, carries out passenger or cargo transportation for remuneration or for hire.

2. "Founding State" means the State territory of the Party in which the carrier is established.

3. "Cabotage" means transportation carried out between points located in the territory of the State of one of the Parties by a carrier established in the territory of the State of the other Party.

4. "Competent authority" means:

for the Kazakh Side - the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan;

For the Georgian Side, the Ministry of Economy and Sustainable Development of Georgia and/or the Land Transport Agency or other bodies responsible for road transport.

If the name or functions of the above-mentioned competent authorities change, the Parties will be notified promptly through diplomatic channels.

5. "Trailer" means a vehicle not equipped with an engine and intended for movement in combination with a mechanical vehicle.

6. "Semi-trailer" means a trailer that is attached to a vehicle in such a way that its front part rests on it and a certain part of the load on it falls on the vehicle.

7. "permit" means a document issued by the competent authorities of the Parties, which authorizes vehicles registered in the territory of the State of the other Party to carry passengers and goods to or through the territory of the State of the Party that issued the permit.

8. "Registration" means the assignment, in accordance with the applicable national laws of the States of the Parties, determined by the relevant competent authorities of the vehicle identification number. In the case of a combination of vehicles, the vehicle is a priority factor for the issuance of a permit or exemption from it.

9. "Regular transportation of passengers and baggage" means transportation of passengers carried out with a certain regularity and along a predetermined route, indicating the stopping points for boarding and disembarking passengers, the timetable of buses along the route and fares.

10. "Irregular transportation of passengers and baggage" means passenger transportation, in which the conditions for their implementation are determined on a case-by-case basis by agreement between the customer and the carrier.

11. "Vehicle" means a motor vehicle:

a) a single or combination of vehicles;

b) intended for passenger (designed and designed to carry more than 9 passengers, including a bus driver) and freight transportation, owned by the carrier in the form of ownership, hire or by virtue of a leasing contract;

c) passenger cars.

12. "Transit" means the transportation of goods (without loading and unloading) and the transportation of passengers (without boarding and disembarking), which is carried out by a carrier established in the territory of the State of one of the Parties, passing through the territory of the State of the other Party to a third country or back.

13. "Dangerous goods" means substances and/or products that, in accordance with international standards, are classified into 9 classes by type of hazard and whose international carriage by road is prohibited or permitted under certain conditions in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road (ADR).

14. "special permit" is a document authorizing the carrier to carry out transportation of bulky, heavy and dangerous goods on a motor vehicle in accordance with the national legislation of the State of the Party through whose territory the transportation is carried out.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 02/01/2021 No. 2-VII.

Article 3. General provisions

1. Drivers of vehicles of the States of the Parties must have national or international driving licenses corresponding to the category of vehicles operated by them.

2. The permit and other documents required in accordance with this Agreement must be in the possession of the driver of the vehicle and presented at the request of the competent authorities acting on the basis of the national legislation of their State.

3. Transportation of passengers and cargo carried out 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 vehicle performing the specified transportation.

4. Border, transport, sanitary-quarantine, veterinary and phytosanitary control and customs clearance during transportation of persons in need of urgent medical care, as well as during transportation of animals and perishable goods are carried out out of turn.

5. In order to ensure the implementation of this Agreement, the competent authorities of the States of the Parties shall mutually exchange information on all changes in the national legislation of their States affecting the implementation of this Agreement.

Article 4. Regular transportation of passengers and baggage

1. Regular transportation of passengers and baggage is carried out on the basis of permits.

2. Permits are not required for regular transit of passengers and baggage.

3. Permits for scheduled passenger transportation are issued on the basis of an application sent by the carrier to the competent authority of the country of its registration, accompanied by documents in accordance with the current national legislation of the country and the following documents:

a) regular route schemes;

b) the timetable of the bus(s) on the regular route, indicating:

b-a) initial, intermediate and final stopping points, as well as automobile checkpoints on the border of states along the route of the bus(s);

b-b) the time of arrival, parking and departure of the bus(s) at stopping points and automobile checkpoints across the borders of the States of the Parties;

b-c) the distance from the start to the end point of a regular route in the forward direction;

b-d) the frequency and regularity of flights operated by the carrier;

b-e) tariffs for the carriage of passengers in the national currency of the founding States of the carriers.

4. If the application is satisfied, the competent authority of one of the Parties shall send the relevant permits to the competent authority of the other Party within 10 days.

5. If the issuance of such a permit is contrary to the national legislation of the State of one of the Parties, the applicant may be refused permission in writing within 10 days.

6. In case of absence or insufficient demand for services, the carrier must notify the competent authority of its State in writing one month before the end of the activity about the termination of transportation.

7. The competent authority of the founding State of the carrier that has refused to carry out transportation shall provide relevant information to the competent authority of the other Party within one month.

8. The permit is personal and its transfer to another carrier or a third party is prohibited.

Article 5. Irregular transportation of passengers and baggage

1. No permits are required to carry out irregular transportation of passengers and baggage on the basis of this Agreement.

Permission is not required either:

a) when replacing a defective passenger vehicle;

b) in the case of empty mileage of vehicles that are heading to the territory of the State of the Party, as well as to another State to replace vehicles that have failed, as well as empty mileage of vehicles after repair heading back;

c) at the first empty run of (new or used) vehicles that have export registration numbers issued by the relevant departments of the State of the Party, as well as any country, and if this run is directed to the territory of the States of the Parties where the vehicle will be registered.;

d) for vehicles intended for rescue or recovery operations.

2. Irregular transportation of passengers and baggage must be carried out in the presence of a control document (passenger list).

3. During irregular transportation of passengers and baggage, boarding of passengers is prohibited (except for passengers indicated in the control document).

Article 6

1. Cargo transportation between the States of both Parties, transit through their territories, as well as to/from third countries, with the exception of transportation provided for in paragraph 5 of this Article, shall be carried out by trucks registered in the territory of the States of the Parties on the basis of permits issued by the competent authorities of the States of the Parties.

2. A separate permit must be issued for each cargo transportation, which gives the right to make one round trip.

3. The competent authorities of the States of the Parties will annually transmit to each other a mutually agreed number of permit forms for the carriage of goods. These forms must have the seal and signature of the competent authority that issued the permits.

4. The competent authorities of the States of the Parties shall coordinate among themselves the procedure for the exchange of permit forms.

5. The permits specified in paragraph 1 of this Article are not required for transportation.:

a) exhibits, equipment and materials intended for fairs and exhibitions;

b) vehicles, animals, as well as various equipment and property intended for sporting events;

(c) Theatrical sets and props, musical instruments, equipment and accessories for filming, radio and television broadcasts;

d) bodies and ashes of the deceased;

e) postal items;

f) damaged motor vehicles registered in the territory of the State of one of the Parties;

(g) Movable property during resettlement;

h) in case of natural and man-made emergencies.

6. The following persons are also exempt from the permits specified in the first paragraph of this article::

a) passage of technical assistance vehicles;

b) transfer to the destination of an empty vehicle with a temporary (transit) registration number.

7. The exceptions provided for in sub-paragraphs "a", "b" and "c" of paragraph 5 of this article are valid only if the cargo is subject to return to the territory of the State in which the vehicle is registered, or if the cargo is transported to the territory of a third State.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 02/01/2021 No. 2-VII.

Article 7. Procedure for cargo transportation

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

2. Vehicles engaged in international transportation must have registration and distinctive signs of their State. Trailers and semi-trailers may have registration and distinguishing signs of other States, provided that trucks or tractors will have registration and distinguishing signs respectively of the States of the Parties.

Article 8. Weight and dimensions

1. The weight of the vehicle, including axle loads and dimensions, must correspond to the officially registered indicator of the vehicle and must not exceed the limits provided for by the national legislation of the receiving Party.

2. In case of exceeding the weight and/or dimensional restrictions provided for by the national legislation of the receiving Party, the carrier must have a special permit or recommendation issued by the relevant department of that Party.

3. If the special permit referred to in paragraph 2 of this article provides for the movement of a motor vehicle along a certain route, transportation must be carried out along this route.

The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 02/01/2021 No. 2-VII.

Article 9. Transportation of dangerous goods

The transportation of dangerous goods is carried out on the basis of international obligations assumed by the Parties, proceeding from international treaties to which their States are parties, and in accordance with the national legislation of the State of the Party in whose territory such transportation is carried out.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 02/01/2021 No. 2-VII.

Article 10. Cabotage

Cabotage is prohibited.

Article 11. Fees and taxes

1. Vehicles, including passenger cars, registered in the territory of the state of one of the Parties by virtue of this Agreement, carrying out transportation on the territory of the state of the other Party, are mutually exempt from taxes and fees for the use of public roads, as well as from all special fees and duties established by the national legislation of the receiving Party, except:

a) tolls for the use of toll road infrastructure (tolls for the use of commercial roads, bridges and tunnels), if alternative toll roads are available;

(b) Fees for exceeding the limits of weight, size or load of vehicles established by the national legislation of the State of the Party through whose territory the carriage is carried out.

2. When carrying out transportation on the basis of this Agreement, the following materials imported into the territory of the state of the other Party are exempt from customs duties and taxes on a reciprocal basis:

a) the fuel contained in the vehicle manufacturer's standard fuel tanks;

b) fuels and lubricants, in the amount necessary for the operation of this vehicle during transportation;

c) spare parts and tools intended for routine repairs of the given vehicle, or necessary for the repair of a damaged vehicle located in the territory of the State of the other Party.

3. Tools and unused spare parts are subject to export from the territory of the state of the Party. Replaced spare parts are also subject to export or must be destroyed under the supervision of the customs authorities of the relevant Party.

Article 12. Jurisdiction

1. Carriers of the States of the Parties and their crews are obliged, when staying in the territory of the State of the other Party, to comply with the obligations that arise from:

(a) International agreements to which their States are parties;

(b) This agreement;

2. The laws and international agreements referred to in paragraph 1 of this article apply equally to carriers of both States in order to avoid discrimination based on nationality or place of establishment.

Article 13. The Joint Commission

1. The competent authorities of the Parties shall establish a Joint Commission in order to ensure:

a) resolving current issues related to the application and interpretation of this Agreement;

b) discussing the results of the implementation of this Agreement and making proposals for the development of road transport;

c) preparation of proposals for amendments and additions to the text of this Agreement.

2. The Joint Commission shall meet at the request of the competent authority of one of the Parties, alternately in the territories of the States of the Parties.

Article 14. Settlement of disputes and disagreements

In case of disputes and disagreements in the interpretation or application of the provisions of this Agreement, the Parties will make a decision through consultations and negotiations.

Article 15. Changes and additions

Amendments or additions to this Agreement are made with the consent of the Parties, formalized in separate protocols, which are integral parts of this Agreement and enter into force in accordance with paragraph 1 of Article 16 of this Agreement.

Article 16. Entry into force and term of validity

1. This Agreement shall enter into force on the date of the exchange of notifications on the completion by the Parties of the internal procedures necessary for its entry into force.

2. This Agreement is concluded for an indefinite period.

3. Either Party may at any time notify the other Party of the termination of this Agreement. In this case, this Agreement shall be terminated 6 (six) months after receipt of the notification by the other Party, unless the notification is withdrawn within the specified period on the basis of mutual agreement of the Parties.

4. From the date of entry into force of this Agreement, the "Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Georgia on International Road Transport", concluded on June 1, 1993 in Almaty, shall cease to be valid.

Done in Astana on March 6, 2007, in two originals, each in the Kazakh, Georgian and Russian languages, all texts being equally authentic. In case of discrepancies in the interpretation of this Agreement, the text in Russian is preferred.

For the Government

Republic of Kazakhstan

Georgia

President

Republic of Kazakhstan

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