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

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

Law of the Republic of Kazakhstan dated July 21, 2007 No. 293

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Belgium on International Road Transport, signed in Brussels on December 5, 2006.

President of the Republic of Kazakhstan

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Belgium on International Road Transport

Entered into force on February 1, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 2, art. 33

The Government of the Republic of Kazakhstan and the Government of the Kingdom of Belgium, hereinafter referred to as the "Parties", guided by the desire to create more favorable conditions for the development of trade relations between the two countries and satisfactory conditions for the transportation of goods and passengers; taking into account the process of international integration, which promotes the free movement of goods and services, as well as the free movement of people; Considering the obligations arising from international treaties in the field of environmental protection and road safety, to which the States of the Parties are parties at the same time; desiring to resolve these issues on the basis of mutual assistance, cooperation and mutual benefit; agreed as follows:

Part I. General provisions

Article 1 Scope of application

1. The provisions of this Agreement shall apply to international road transport of goods and passengers carried out for hire, for remuneration or at their own expense between the territories of the States of the Parties, in transit through the territories of their States, as well as to or from third countries by carriers registered in the territory of the State of one of the Parties.

2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.

Article 2 Definitions

For the purposes of the Agreement:

1. The term "carrier" means a person (including a legal entity) registered in the territory of the State of the Party and legally authorized in the country of registration to carry out international road transportation of goods or passengers for hire, for remuneration or at its own expense in accordance with the national legislation of the Party.

2. The term "vehicle" means a motor vehicle registered in the territory of the State of one of the Parties, or a combination of vehicles, of which at least one vehicle is registered in the territory of the State of one of the Parties, and which is used and equipped exclusively for the carriage of goods or passengers.

3. The term "bus" means a vehicle designed and equipped to carry more than nine passengers, including the driver.

4. The term "transportation" means the passage of a loaded or empty vehicle by road, even if part of the journey of the vehicle, trailer or semi-trailer is carried out by rail or water transport.

5. The term "regular transportation" means the transportation of passengers by bus with a certain frequency and along a certain route, when passengers board and disembark at pre-determined points. Regular transportation is carried out in accordance with a pre-determined schedule and tariffs. Regular flights can be used by all passengers, subject to booking if necessary.

6. The term "pendulum transportation" means multiple transportation by bus in two-way communication, when pre-formed groups of passengers are transported from the same point of departure to the same destination. Each group consisting of passengers traveling in the same direction is transported back to the point of departure by the same carrier. The point of departure and destination means, respectively, the point where the trip begins and the point where the trip ends, in each case together with the adjacent territory within a radius of 50 km. Passengers may not board or disembark during the trip when carrying out pendulum transportation. The first trip in the opposite direction and the last trip from the point of departure for pendulum transportation is carried out without passengers. "Pendulum transportation with accommodation" includes, in addition to transportation services, accommodation for at least 80% of passengers with or without meals at the destination and, if necessary, during the trip. Passengers stay at their destination for at least two days. Pendulum transportation with accommodation can be carried out by a group of carriers acting on behalf of the same customer, and passengers can: return as part of the same group with another carrier; follow as part of the same group with another carrier, bringing this group "on the way".

7. The term "irregular transportation" means bus transportation between the territories of the States of the Parties, which do not fall under the definition of either regular transportation or pendulum transportation. Irregular transportation includes: a) tours, that is, bus transportation, when the same vehicle is used to transport one or more groups of passengers, when each group is brought back to the departure point; b) bus transportation that is carried out for groups of passengers when passengers are not transported back to their departure points during the same trip; c) bus transportation that does not meet the criteria mentioned above, that is, the remaining bus transportation.

8. The term "transportation at own expense" means: a) in the case of passenger transportation, when transportation is carried out for non-commercial and non-profit purposes by the carrier, provided that: transportation is only an auxiliary activity of the carrier, the vehicles used belong to the carriers or are at their disposal under the terms of a contract of employment or leasing and are managed by employees of the carrier or by the carrier itself; b) in the case of freight transport, if the goods being transported are the property of the carrier or have been sold, bought, leased, produced, received, processed or restored by the carrier. The purpose of transportation must be to transport cargo to or from a building with an adjacent territory owned by the carrier, as well as to move it either inside or outside the building with an adjacent territory owned by the carrier for its own needs. The vehicle used for such transportation must be operated by the carrier's employees or by the carrier itself and must belong to the carrier or be at its disposal under the terms of a contract of employment or leasing. Transportation should be an auxiliary activity of the carrier.

9. The term "competent authorities" means: a) on the part of the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan; b) on the part of the Kingdom of Belgium - the Federal State Service for Mobility and Transport. The Parties will inform each other through diplomatic channels about any changes in the names and/or competencies of the competent authorities.

Article 3 Market access

Each Party shall allow a carrier registered in the territory of the State of the other Party to carry out any carriage of goods or passengers: a) between any point on its territory and any point located outside that territory; b) transit through its territory; subject to obtaining permits issued by the competent authorities of the State of each Party.

Article 4 Weight and dimensions

1. The mass and dimensions of vehicles must correspond to the official registration of the vehicle and must not exceed the standards applicable in the State where the transportation is carried out.

2. If the weight and/or dimensions of an empty or loaded vehicle carrying out transportation in accordance with the provisions of this Agreement exceed the maximum permissible standards in the territory of the State of the other Party, a special permit issued by the competent authority is required.

Article 5 Compliance with national legislation

Carriers and crews of vehicles of the States of the Parties, while on the territory of the State of the other Party, must comply with the current legislation of that state.

Article 6 Violations

In the event of any violation of the provisions of this Agreement by the carrier of the State of the Party, the competent authority of the State of the Party in whose territory the violation occurred may, while reserving the right to its own judicial proceedings, inform the competent authority of the State of the other Party, which will take measures provided for by national legislation, including revocation of the permit or prohibition of carriage on territories of the other Party's State. The competent authorities of the States of the Parties shall inform each other of the measures taken.

Article 7 Fiscal issues

1. Vehicles, including their spare parts, which are used in carrying out transportation in accordance with the provisions of this Agreement, are mutually exempt from taxes and fees levied for the use or possession of vehicles.

2. Taxes and fees on fuel, value added tax (VAT) on transportation, tolls and taxes on road use, as well as taxes on special permits provided for in Article 4 of this Agreement, will be levied in accordance with the legislation in force in the territory of the States of the Parties.

3. Fuel contained in conventional tanks provided by the manufacturer for the vehicle and intended for the operation of the vehicle or for the operation of heating or cooling systems, as well as fuels and lubricants located on the vehicle and intended exclusively for use in the operation of the vehicle, are mutually exempt from customs duties and any other taxes and duties.

4. Temporary import is allowed without payment of import duties and other taxes, and without prohibition or restrictions on the import of spare parts intended for the repair of an already imported vehicle. The replaced spare parts must be cleared, returned or destroyed under the supervision of the customs authorities.

Article 8 Joint Commission

1. The competent authorities of the States of the Parties shall regulate any issues related to the implementation and application of the provisions of this Agreement.

2. For these purposes, the competent authorities of the States of the Parties shall establish a Joint Commission.

3. The Joint Commission shall meet at the request of the competent authority of the State of one of the Parties alternately in the territory of the States of the Parties and shall consist of representatives of the competent authorities of the States of the Parties, who may invite representatives of road transport associations.

4. The Joint Commission shall draw up rules and procedures in accordance with the powers granted to the heads of delegations of both Sides. Following the meeting, a protocol is drawn up, which is signed by the heads of the delegations of the Parties.

5. In accordance with article 3 of this Agreement, the Joint Commission decides on the type and number of permits and conditions for access to the road transport market. Notwithstanding the provisions of paragraph 2 of Article 12 of this Agreement, the Joint Commission may initiate additional types of transportation for which permits are not required.

6. The Joint Commission attaches particular importance to the following issues: the harmonious development of transportation between the States of the Parties, taking into account, among others, environmental aspects; coordination of road transport policy, transport legislation and their implementation by the Parties at the national and international levels; consideration of possible solutions to emerging problems for relevant government agencies, especially in the fiscal, social, customs and environmental spheres, including issues of public order affecting motor transport operations; exchange of relevant information; methods of weight and size recording; development of cooperation between motor transport enterprises and institutions; development of multimodal transportation, including all issues related to concerning their implementation.

Part II. Regulations on passenger transportation

Article 9 Scheduled transportation

1. Applications for a permit for scheduled transportation shall be sent to the competent authorities of the State of the Party in whose territory the departure point is located.

2. The decision to issue a permit is taken jointly by the competent authorities of the States of the Parties. It is issued by the competent authorities of the States of both Parties, and each of them is valid for its own territory.

3. The permit may be refused, among other things, in the following cases: if the applicant is unable to provide the transportation specified in the application with the means available to him; if in the past the applicant has failed to comply with the requirements of national or international legislation related to road transport, in particular, the conditions and requirements related to the licensing system for international passenger car traffic, or had serious violations of legislation related to road safety, in particular with regard to the rules applicable to the work and rest regime of drivers of vehicles; if, in the case of an application for renewal of a permit, the conditions of the previous permit have not been fulfilled.

4. The decision to grant a permit is made by the competent authorities within three months from the date of receipt of the application.

5. The permit will be issued for a period of up to three years and may be extended at the request of the competent authority.

6. The permit or its copy, certified by the competent authority of the State of the Party, must be in the possession of the driver of the vehicle.

Article 10 Pendulum transportation

1. For residential pendulum transportation carried out by Kazakhstani or Belgian carriers, permits are not required if the departure points are located in Kazakhstan or Belgium, respectively.

2. Non-residential pendulum transportation is considered regular transportation.

3. For the pendulum transportation mentioned in paragraph 1 of this article, it is necessary to have a complete passenger list.

Article 11 Irregular transportation

No permit is required for irregular traffic. The driver of the vehicle must have a complete passenger list. The Joint Commission referred to in article 8 will determine the form of this passenger list.

Part III. Regulations on cargo transportation

Article 12 Conditions for obtaining permits

1. Cargo transportation permits are issued within the quota of permits for 1 (one) trip (round trip) and/or the quota of permits for multiple trips (temporary permit) and will be valid for 13 months starting from January 1 of each calendar year. The driver of the vehicle must have a permit.

2. The permit issued to the carrier is valid only for him and cannot be transferred to third parties.

3. The permit can only be used for one vehicle.

4. The Joint Commission referred to in Article 8 shall determine the quota, the categories of permits (round trip or temporary) and any other conditions governing the application of permits.

5. Permits are not required for the following types of transportation or empty trips performed in connection with such transportation: a) transportation of goods by motor vehicles, the total permissible weight of which, including trailers, does not exceed 6 tons, or the permissible load capacity of which, including trailers, does not exceed 3.5 tons; b) irregular transportation of goods to airports or from airports, in case the transportation route is changed; c) transportation of damaged or defective vehicles and transportation of vehicles for repair of defective; (d) An empty trip of a cargo vehicle sent to another country to replace a defective vehicle, as well as a return trip after repairing a defective vehicle; (e) transportation of live animals in vehicles specially designed for these purposes or converted for the transportation of live animals and recognized as such by the relevant authorities of the States of the Parties; (f) transportation of spare parts and equipment for ocean liners and airplanes; (g) Transportation of medical equipment and equipment necessary in case of emergencies, especially for disaster relief and humanitarian needs; (h) Transportation of works and objects of art intended for fairs, exhibitions or for non-commercial purposes; i) transportation for non-commercial purposes of decorations, props and animals to and from the venue of theatrical, musical, cinematographic, sports and circus performances and events, fairs or celebrations, as well as such items intended for radio recording or film and television filming; j) transportation of bodies or ashes of the deceased; k) transportation of postal items carried out within the framework of public services.

6. The permit must be completed before the trip begins. Upon entry into the territory of the other Party's State, the permit form must be stamped by a representative of the competent authorities. Before crossing the border in a place where there is no representative of the competent authorities of the State of the other Party, the driver must enter the place, date and time of the border crossing in ink in the appropriate column of the permit.

7. In accordance with paragraph 2 of Article 4 of this Agreement, an application for a special permit for a vehicle carrying cargo, the weight and dimensions of which exceed the standards allowed in the territory of the host State, must contain: 1) the name and address of the carrier; 2) the make and type of vehicle, registration number plate; 3) the number of axes and the distance between the axes; 4) dimensions and weight of the vehicle; 5) load capacity; 6) dimensions and weight of the cargo; 7) if necessary, a drawing of the vehicle with cargo; 8) the load on each axle; 9) the address of the place of loading and unloading; 10) the planned location and date of border crossing, as well as the route.

Part IV. Final provisions

Article 13

1. All amendments and additions to this Agreement are drawn up by the Parties in the form of protocols, which enter into force in accordance with the procedure provided for in paragraph 1 of Article 14 of this Agreement, and are integral parts of this Agreement.

2. Disputes and disagreements in the interpretation or application of the provisions of this Agreement shall be considered at a meeting of the Joint Commission.

3. The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement, within the limits of the funds provided for by the laws of the Parties, unless a different procedure is agreed in each specific case.

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

Article 14 Entry into force and duration

1. This Agreement shall enter into force on the first day of the second month from the date on which the Parties have informed each other in writing through diplomatic channels of the completion of the internal procedures necessary for the entry into force of the Agreement in their countries.

2. The Parties may terminate this Agreement at any time by giving the other Party a written notice of their intention to terminate it six months in advance.

Done in two original copies in Brussels on December 5, 2006, each in English, Dutch, Kazakh, Russian and French. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

FOR THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN OF THE KINGDOM OF BELGIUM

RCPI note: The following is the text of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Belgium on International Road Transport in English and Dutch.

President

Republic of Kazakhstan

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