On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Bulgaria on International Road Transport of Passengers and Cargo

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

Law of the Republic of Kazakhstan dated June 23, 1999 No. 393

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Bulgaria on International Road Transportation of Passengers and Cargo, concluded in Almaty on November 13, 1997.

President of the Republic of Kazakhstan

 Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Bulgaria on International Road Transport of Passengers and Goods (Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 5, Article 47) (Entered into force on August 19, 1999 - J. "Diplomatic Courier", Special Issue No. 2, September 2000, p. 170) The Government of the Republic of Kazakhstan and the Government of the Republic of Bulgaria, hereinafter referred to as the Contracting Parties, wishing to promote the development of economic and trade relations and facilitate the transportation of passengers and cargo between the two countries, as well as transit through their territories, have agreed as follows:  

I. Subject of the agreement

Article 1 The Contracting Parties shall grant each other the right for carriers of their countries to carry out international transportation of passengers and goods between both States and transit through their territories by motor vehicles registered in each of the States of the Contracting Parties, in compliance with the provisions of this Agreement.

 II. Definitions

Article 2 1. "Motor vehicle" means a single vehicle or a train consisting of a vehicle with a semi-trailer or trailers attached to it, intended for the carriage of goods, and a bus for the carriage of passengers with a capacity of more than 9 people (including the driver). 2. "Carrier" means any natural or legal person with his/her location in the territory of a State of one of the Contracting Parties who has the right to carry out passenger or cargo road transportation by his/her own vehicle or a vehicle hired by him/her in accordance with the applicable legislation of that State. 3. "Permit" means a document with the same name issued by the Competent Authorities of the Contracting Parties in accordance with the legislation in force in each of the States of the Contracting Parties and authorizing the carriage of passengers and goods by road. 4. "Transit transportation" is the transportation of passengers and goods through the territory of a State of one Contracting Party, in which the point of departure and destination are located outside the territory of the State of this Contracting Party. 5. "Contingent" means the number of "Permits" that are annually agreed upon and mutually exchanged between the Competent Authorities of the Contracting Parties. 6. "Regular bus transportation" means transportation performed on bus lines according to routes, schedules and tariffs previously agreed upon between the competent authorities of the Contracting Parties. 7. "Pendulum passenger transportation" is the transportation of groups of passengers at a certain time from the territory of the State of one Contracting Party to their destination in the territory of the State of the other Contracting Party for temporary stay or transit through their territories. The return of these passengers in the same train is carried out by bus of the same carrier to the country of initial departure. For this purpose, the first flight in the opposite direction and the last flight in the main direction are operated by empty buses. 8. "Accidental transportation with closed doors" is such transportation during which the same group of passengers is transported by the same bus, and the point of departure and the final destination are located in the state of its registration and passengers do not board or get off during the trip along the entire route outside the state of registration. 9. The competent authorities are: - for the Republic of Kazakhstan - the Ministry of Transport and Communications; - for the Republic of Bulgaria - the Ministry of Transport.

 III. General provisions

Article 3 1. The competent authorities of the Contracting Parties shall issue "Permits" for passenger and cargo transportation in accordance with this Agreement only to carriers who, according to the national legislation of their State, have the right to carry out international road transportation. 2. "Permits" and other documents specified in this Agreement must be carried by vehicles and must be presented to customs, border guards, police (police) and other competent regulatory authorities upon their request.

 Article 4 1. Motor vehicles registered in the territory of the State of one Contracting Party shall be exempt from customs duties applicable in the territory of the State of the other Contracting Party within the agreed and exchanged Contingent. 2. Fuel and oils stored in the tanks of motor vehicles provided for by the design of the corresponding vehicle shall be exempt from customs duties for import and export when passing through the state border of the State of the other Contracting Party. 3. They are exempt from customs duties for the import and export of spare parts intended for the repair of a motor vehicle belonging to the State of one of the Contracting Parties that has suffered an accident on the territory of the State of the other Contracting Party, provided that the replaced parts will be re-exported or will be subject to customs duties in accordance with the domestic legislation of that State.

 Article 5 1. With regard to the weight and dimensions of motor vehicles, each of the Contracting Parties undertakes not to apply more restrictive conditions to motor vehicles of the State of the other Contracting Party than those applied to vehicles registered in its territory. 2. For the transportation of goods carried out by motor vehicles, the dimensions or weight of which exceed the dimensions or weight allowed in the territory of the State of the other Contracting Party, as well as for the transportation of dangerous goods, a special permit is required in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road.

 Article 6 Each Contracting Party recognizes national vehicle registration documents and driver's licenses issued by the relevant competent authorities of the other Contracting Party.  

Article 7 1. Carriers of motor vehicles of each of the States of the Contracting Parties traveling through the territory of the State of the other Contracting Party must comply with the laws and regulations of that State. 2. The driver of the vehicle must promptly notify the relevant competent authorities of his State of all incidents that occurred during the trip, and the competent authorities of the Contracting Party in whose territory the incident occurred must also draw up a document and hand a copy to the driver. 3. With respect to issues related to traffic rules, customs or sanitary control and which are not regulated by this Agreement or international treaties to which the Contracting Parties are parties, the legal provisions of the State of the Contracting Party through whose territory transportation or transit is carried out shall apply.

 IV. Passenger transportation

Article 8 1. Regular bus services between the States of the Contracting Parties or in transit through their territories, as well as "pendulum services", are carried out subject to "Permits". 2. The competent authorities of the Contracting Parties shall issue "Permits" for that part of the route located on their territory. The procedure for issuing "Permits" and related specific issues are agreed upon by the Competent Authorities of the Contracting Parties within the framework of the Joint Commission referred to in Article 15.3. The "permit" is issued on a letterhead of the prescribed form and is valid if the seal of the competent authority is present. It indicates the route, its validity period, and additional restrictions, if any.

 Article 9 1. Carriers submit applications for a permit to the competent authority of the State of departure in which they are registered. These statements are accompanied by the timetable, fare and route of the regular international bus line. 2. The competent authorities of the Contracting Parties shall send timely proposals to each other on the opening of regular bus lines or on the implementation of "pendulum transportation". The offers contain information about the carrier such as: the exact name of the carrier, its address, telephone and fax. The proposals are accompanied by a copy of the contract with the transport company of the state of the other Contracting Party, an indication of the route, timetable, tariffs, and a document on the coordination of stops with the local state administration. 3. The competent authorities of each of the Contracting Parties shall respond to each other's proposals for the opening of a regular bus line no later than two months after receiving it.  

Article 10 1. "Permits" are not required for the casual transportation of passengers, both between the two States and during transit through their territories. 2. When carrying out the transportation specified in paragraph 1 of this article, the crew of the vehicle must have a list of passengers by name.

 Article 11 Motor vehicles of the State of one Contracting Party are prohibited from transporting passengers between two points located on the territory of the State of the other Contracting Party (coastal transportation).

 V. Cargo transportation  

Article 12 1. All transportation of goods by motor vehicles, including transportation at own expense between two States or transit through their territories, as well as to/from third countries, with the exception of those specified in Article 14, are subject to the "Permits" regime. 2. By decision of the Joint Commission, the Contracting Parties may facilitate or mutually exempt from the "Permits" regime. 3. A "permit" is issued for each vehicle for a round trip. "Permission" gives you the right to download in the opposite direction. 4. The "permits" are valid for the calendar year for which they are mutually exchanged between the competent authorities of the Contracting Parties. The "permit" for transportation that began at the end of the previous year is valid for the following year until the end of transportation, but no later than February 1 of the following year. 5. The "Permit", which is issued to the carrier, specifies its details and it is not subject to transfer to another person in the future. 6. The number of permits for a period of one year for all types of transportation, namely between two States, transit through territories and to/from third countries is determined by the Joint Commission. During the negotiations, additional "Permits" outside the established contingent will be issued at the request of the competent authority of one of the Contracting Parties. In these cases, the corresponding road tolls applicable in the territory of the State of the other Contracting Party shall be paid for the passage of vehicles registered in the territory of the State of one Contracting Party.

 Article 13 The transportation of goods carried out by motor vehicles of the State of one Contracting Party between two points located on the territory of the State of the other Contracting Party may be carried out only with a special permit issued by the competent authority of the Contracting Party in whose territory these shipments are carried out.  

Article 14 1. "Permits" are not required for: a) transportation of goods by vehicles with a lifting capacity of up to 3.5 tons; b) transportation of household items carried out by vehicles specially adapted for this purpose; c) transportation of animals, vehicles, sports accessories and equipment intended for sporting events; d) transportation of scenery, theatrical props and musical instruments intended for performances; e) transportation of items intended for fairs, exhibitions and demonstrations; f) transportation of items and equipment intended for radio and television recordings and filming; g) transportation of damaged vehicles, as well as goods transported by them, including the entry of a vehicle to replace the damaged one, when documents confirming this fact are available; h) transportation of bodies and ashes of the deceased; i) purchased vehicles at their first empty transportation; k) transportation of mail; l) transportation of goods intended to provide assistance in case of natural disasters; m) transportation of humanitarian aid. 2. The shipments mentioned above in paragraphs "c", "d", "e", "e" of paragraph 1 of this article are exempt from "Permits" only on condition that the items or animals are imported temporarily and must be exported. 3. Empty motor vehicles, and such specialized motor vehicles are not intended for the transportation of goods, are exempt from permits.

 IV. Final provisions

Article 15 1. The competent authorities of the Contracting Parties shall establish a Joint Commission. The competence of this commission includes: a) coordination of the contingent of "Permits" or exemption from the permit regime in accordance with Article 12 of this Agreement; b) Control over the correct implementation of the provisions of this Agreement; c) coordination of the type of "Permits", the method of exchanging them and control documents for passenger transportation; (d) Study of problems and prepare proposals to other relevant competent authorities on issues not covered by this Agreement; (e) Prepare recommendations and proposals for supplementing and amending this Agreement and submit them to the competent authorities of the Contracting Parties for approval. The amendments and additions will enter into force after their confirmation through the exchange of notes through diplomatic channels. 2. The Joint Commission is convened as necessary or at the request of the competent authorities of one of the Contracting Parties in turn in the territory of each of them. Article 16 Disputes that cannot be resolved within the framework of the Joint Commission, as well as other issues related to the interpretation and application of the Agreement, are resolved diplomatically.

 Article 17 1. The competent authorities of the Contracting Parties shall notify each other of the laws in force in their States in the field of road transport, as well as of changes since their introduction. 2. The competent authorities of the Contracting Parties shall notify each other of violations committed by carriers of any of the States of the Contracting Parties.

Article 18 1. This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international treaties and obligations to which they are parties. 2. With respect to the obligations of each Contracting Party related to taxation on income earned as a result of transportation in the territory of the State of the other Contracting Party, the domestic legislation of that other Contracting Party shall apply, unless otherwise provided for in the international treaty for the avoidance of double taxation, ratified and entered into force. 3. International transportation performed by carriers of one Contracting Party to/from or in transit through the territory of the other Contracting Party is exempt from income taxation.

 Article 19 1. This Agreement is concluded for a period of one year. Its validity is automatically extended for the next year, unless one of the Contracting Parties notifies the other in writing, three months before the end of the relevant period of validity, of its intention to denounce the Agreement. 2. This Agreement is subject to approval in accordance with the domestic laws of both parties and shall enter into force 30 days after receipt of the second note by which the Contracting Parties mutually notify each other of its approval. 3. With the entry into force of this Agreement, the Agreement between the Government of the USSR and the Government of the People's Republic of Bulgaria on International Road Transport of January 29, 1969, is terminated in respect of both Contracting Parties. 4. The stay of carriers of one Contracting Party in the territory of the other Contracting Party is limited for a period of 21 days. Done in Almaty on 13.11.1997. In two copies in Kazakh, Bulgarian and Russian languages, all three texts having the same validity.

In case of disagreement in the interpretation of this Agreement, the Contracting Parties will be guided by the text in Russian.

President

Republic of Kazakhstan

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