On the ratification of the Agreement on Navigation

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The Law of the Republic of Kazakhstan dated November 17, 2020 No. 376-VI SAM.

To ratify the Agreement on Shipping, signed in Almaty on February 1, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

agreement about shipping

The Governments of the member States of the Eurasian Economic Union, hereinafter referred to as the Parties,

in order to implement the Protocol on Coordinated (Coordinated) Transport Policy (Annex No. 24 to the Treaty on the Eurasian Economic Union dated May 29, 2014),

Desiring to promote the development and strengthening of cooperation in the field of water transport,

based on the principles of equality of rights and mutual benefits,

have agreed on the following:

Article 1

For the purposes of this Agreement, concepts are used that mean the following::

"inland waterways" are natural or artificially created waterways of communication between the member States of the Eurasian Economic Union (hereinafter referred to as the member States), marked with navigation signs or otherwise used for navigation purposes, along which, in accordance with the legislation of the member States, vessels flying the flags of foreign states are permitted.;

"two-way transportation" - transportation of goods, passengers and their baggage, towing from ports (to ports) of inland waterways of one Member State of the flag vessel to ports (from ports) of inland waterways of another Member State;

"ship's captain" is a citizen of one of the Member States, certified and appointed to the position in accordance with the legislation of the member state of the flag of the vessel, who manages the vessel, including navigation, taking measures to ensure the safety of navigation, maintaining order on the vessel, protecting the aquatic environment, and preventing harm to the vessel located on the ship to people and cargo, and being a representative of the shipowner;

"competent authority of the Member State" is the body of the Member State responsible for the development of state policy and regulatory regulation in the field of inland waterway transport.;

"adjacent inland waterways" - sections of inland waterways included in the same basin of a body of water located simultaneously on the territories of two or more adjacent Member States;

"vessel" means any vessel flying the flag of one of the Member States, entered in the national ship registry or other relevant official list of vessels in accordance with the legislation of the Member States, owned by a resident of the Member State that has registered the vessel in its ship registry or other relevant official list of vessels used for navigation purposes.. This concept does not include sports sailing and pleasure craft, warships, and other government vessels operated for non-commercial purposes.;

"shipowner" means a legal entity or individual registered in the territory of a Member State in accordance with its legislation, operating a vessel on its own behalf, regardless of whether it owns the vessel or uses it on another legal basis.;

"shipping" - activities related to the use of ships for the transportation of goods, passengers and their luggage, towing ships and floating objects;

"transit passage by inland waterways" means the navigation of vessels of one Member State along the inland waterways of another Member State without loading and unloading cargo, boarding and disembarking passengers on the inland waterways of another Member State, if such navigation begins and ends after crossing the state border of the Member State.;

"authorized body of the Member State" means the executive authority of the Member State, whose powers include issues related to the implementation of this Agreement.;

"crew member" is any person who is directly engaged during the voyage on board the ship in performing duties related to the operation of the ship or its maintenance, including passenger service, and included in the ship's role.

Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014 and international treaties within the framework of the Eurasian Economic Union.

Article 2

1. This Agreement defines the procedure for navigation of vessels on inland waterways.

2. Vessels flying the flags of the Member States have the right to carry goods, passengers and their baggage, tow between a member State of the ship's flag and another Member State on adjacent inland waterways, transit passage along inland waterways, and two-way transportation, with the exception of transportation and towing between ports of one Member State by vessels flying the flag of another of a Member State and transportation to (from) ports of another Member State and by third countries.

3. When a vessel is located on inland waterways, the legislation of the Member State on whose territory these waterways are located is observed. Each Party grants vessels flying the flag of other Member States the same rights as those granted to vessels flying the flag of its State.

4. When sailing vessels on inland waterways, the language of communication is Russian.

5. The Parties shall ensure the same conditions for the provision of regulated services provided on inland waterways in accordance with the legislation of the Member States.

Article 3

1. Navigation of vessels flying the flags of the Member States on inland waterways in the territories of the Member States open to navigation in accordance with the legislation of the Member States is carried out on the basis of an application submitted by the shipowner or his representative to the authorized body of the Member State on whose territory the inland waterways are located, no later than 10 calendar days in advance. days before the vessel enters the inland waterways.

The authorized body of the Member State notifies the applicant of the results of the examination of the application for passage in case of a negative decision. Access to inland waterways is refused in case of non-compliance of the vessel's dimensions with the guaranteed dimensions of navigation on inland waterways, there is information about the vessel's non-compliance with the requirements of the legislation of the Member State on whose territory these waterways are located, as well as in order to ensure the defense and security of the Member State.

2. Bilateral transportation is carried out on the basis of a notification, according to which the authorized bodies of the Member States annually, by April 1, coordinate preliminary lists of vessels planned to carry cargo, passengers and their baggage, and tow vessels from ports (to ports) of the inland waterways of one member State to ports (from ports). inland waterways of another Member State.

3. When entering (exiting) inland waterways, vessels are required to undergo border and other types of control in accordance with the legislation of the Member State on whose territory these routes are located at the checkpoint closest to the place of crossing the state border of the Member State.

4. Vessels that comply with the requirements of the legislation of the Member State in whose territory these waterways are located, applicable to such a vessel, are allowed to sail on inland waterways.

5. The bodies of the Member States authorized in accordance with the legislation of the Member States to carry out state control (state port control) in the field of inland waterway transport, within the limits of their competence, have the right to inspect vessels for compliance with navigation safety requirements, as well as to verify that the crew members of these vessels comply with the legislation of the Member States in the field of inland waterway transport, environmental protection.

6. The restriction or prohibition of vessel traffic on certain sections of inland waterways is carried out in accordance with the legislation of the Member State on whose territory these waterways are located.

7. The Parties, in accordance with their national legislation, shall take the necessary measures to facilitate and simplify border, customs and other procedures operating in ports.

8. The competent authorities of the Member States shall exchange information on the legislation of the Member States in the field of inland waterway transport and its amendments.

9. Pilotage of vessels is carried out in accordance with the legislation of the Member States.

Article 4

When sailing vessels on inland waterways, it is not allowed:

transportation of goods prohibited by the legislation of the Member States for import and movement in their territories;

conducting fishing, hydrographic, research, and other activities not related to the passage of ships on inland waterways.

Article 5

1. In order to ensure the safety of navigation when navigating ships on inland waterways, the authorized bodies of the Member States inform each other about the categories of navigation equipment, guaranteed dimensions of ship passages, operating hours of navigable hydraulic structures, as well as restrictions and prohibitions imposed on the movement of ships on inland waterways.

2. The dimensions of vessels navigating on inland waterways under the flag of a Member State, including towed objects, including surface dimensions, must not exceed the established dimensions of inland waterways on the navigation route, taking into account the requirements of the legislation of the Member State on whose territory these routes are located.

3. During the navigation period, the Parties shall ensure safe conditions on the inland waterways of their States for the unhindered navigation of vessels flying the flags of the Member States in accordance with the declared guaranteed dimensions of ship passages, the operating time of navigable hydraulic structures, as well as the restrictions and prohibitions imposed on the movement of vessels on certain sections of inland waterways.

Article 6

1. Vessels flying the flag of one Member State may stop at any time of the day at ports open to ships flying the flags of the Member States designated by that other Member State during transit passage and during two-way transportation along the inland waterways of another Member State in order to perform actions related to replenishment of ship stocks., providing medical care to people, as well as due to emergencies and other accidents.

Cargo operations, embarkation (disembarkation) of passengers, and other commercial activities are not allowed during the specified parking, with the exception of ports of destination and ports of departure for two-way transportation.

2. When a vessel is stopped in the cases specified in paragraph 1 of this article, as well as in the event of an accident, transport accident, accident, natural disaster and in other exceptional cases, the captain of the vessel or a person authorized by him must inform the administration of the basin of inland waterways or the authority regulating navigation on this section of inland waterways.

Article 7

1. The Parties shall mutually recognize the ship's documents on board the vessel, issued in accordance with the legislation of the Member State under whose flag the vessel sails.

2. The Parties mutually recognize, on the basis of international treaties and (or) the legislation of their States, documents certifying the identity of crew members issued in accordance with the legislation of the Member States. Such documents, among others, are:

in the Republic of Armenia - the passport of a citizen of the Republic of Armenia;

in the Republic of Belarus - the national identity card of a sailor of the Republic of Belarus or the passport of a citizen of the Republic of Belarus;

in the Republic of Kazakhstan - a passport of a citizen of the Republic of Kazakhstan or a seafarer's identity card;

in the Kyrgyz Republic - a general-purpose passport of a citizen of the Kyrgyz Republic, certifying the identity of a citizen of the Kyrgyz Republic outside the Kyrgyz Republic;

in the Russian Federation, a seafarer's identity card, a passport of a citizen of the Russian Federation, or a passport of a citizen of the Russian Federation certifying the identity of a citizen of the Russian Federation outside the Russian Federation.

3. The Parties recognize the qualification documents of ship captains and crew members issued on behalf of the member State of the ship's flag.

The requirements for the minimum number of ship crews are determined by a separate international interdepartmental agreement concluded by the competent authorities of the Member States within 30 calendar days from the date of entry into force of this Agreement.

Article 8

1. The entry, exit, stay and movement of ship crew members in the territories of the Member States shall be carried out in accordance with the legislation of the Member States.

2. Members of the crew of a vessel flying the flag of one Member State, while staying on inland waterways and on the territory of another Member State, are responsible for non-compliance with the legislation of that other Member State.

3. When crew members of a vessel flying the flag of one Member State are on inland waterways and on the territory of another Member State, the civil jurisdiction of that other Member State does not apply in cases where the dispute concerns internal regulations and labor relations on board the vessel.

Article 9

1. Each Party shall provide necessary assistance in case of accidents, transport accidents and accidents on the inland waterways of its State to vessels and crew members of vessels flying the flags of other Member States.

2. A vessel flying the flag of a Member State in distress on the territory of another Member State shall be provided with the same services, benefits and facilities as are provided by that other Member State in similar cases to vessels flying its flag.

3. The investigation of accidents, transport accidents and accidents on inland waterways is carried out by the authorized body of the Member State in whose territory such accidents, transport accidents and accidents occurred. The authorized body of the member State of the flag of the vessel involved in such accidents, transport accidents or accidents has the right to participate in conducting the specified investigation.

4. Claims for compensation for damage caused as a result of an accident or transport accident by a vessel flying the flag of a Member State or with its participation, and compensation for this damage, shall be carried out in accordance with the legislation of the Member State on whose inland waterways such accidents or transport accidents occurred, unless the contract of carriage (towing) provides otherwise..

Article 10

The Parties shall promote the maintenance and development of business relations and cooperation between authorized and competent authorities, as well as between business entities in the field of water transport.

Article 11

1. The Parties shall determine the authorized and competent authorities responsible for the implementation of this Agreement.

2. The Parties shall inform the depositary of this Agreement about the authorized and competent authorities responsible for the implementation of this Agreement, simultaneously with notification of the completion of the internal procedures necessary for the entry into force of this Agreement. In case of a change in the name of the authorized or competent authority, the relevant Party informs the depositary about it.

3. The competent authorities of the Member States, within 30 calendar days from the date of entry into force of this Agreement, in accordance with the legislation of the Member States, shall establish the procedure for considering the application referred to in paragraph 1 of Article 3 of this Agreement, and, if necessary, amend such procedure.

4. Within 30 calendar days from the date of entry into force of this Agreement, the competent authorities of the Member States shall exchange samples of the documents specified in Article 7 of this Agreement, as well as the rules for issuing these documents.

In the event of changes to these documents, the competent authorities of the Member States shall, within 30 calendar days from the date of such changes, send samples of new documents and the rules for their issuance to the competent authorities of other Member States.

Article 12

1. Representatives of the competent authorities of the Member States and/or authorized bodies of the Member States may meet on the implementation of this Agreement and discuss issues of mutual interest in the field of inland waterway transport.

2. The Parties shall make all necessary efforts to harmonize and unify their national legislation regarding the requirements for navigation on inland waterways and ensuring its safety.

Article 13

Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 14

1. This Agreement shall enter into force upon the expiration of 30 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.

2. By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

3. This Agreement is an international agreement concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.

Done in Almaty on February 1, 2019, in one original copy in Russian.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

Behind Government of the Republic of Armenia

Behind Government of the Republic of Belarus

Behind Government of the Republic of Kazakhstan

Behind Government of the Kyrgyz Republic

Behind Government of the Russian Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on Navigation signed on February 1, 2019 in Almaty.:

for the Government of the Republic of Armenia - Minister of Transport, Communications and Information Technologies of the Republic of Armenia A.V. Arshakyan;

for the Government of the Republic of Belarus - Deputy Minister of Transport and Communications A. A. Lyakhnovich;

for the Government of the Republic of Kazakhstan - Minister of Industry and Infrastructure Development of the Republic of Kazakhstan J. M. Kasymbek;

for the Government of the Kyrgyz Republic - Minister of Transport and Roads of the Kyrgyz Republic J.S. Beshenov;

for the Government of the Russian Federation - Minister of Transport E. I. Dietrich;

The original copy is kept at the Eurasian Economic Commission.

Director of the Legal Department Of the Eurasian Economic Commission

V. I. Taraskin

The Law On the Security Council Of the Republic of Kazakhstan

This Law defines the legal status, competence and organization of activities of the Security Council of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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