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

Law of the Republic of Kazakhstan dated December 11, 2006 No. 203

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Croatia on International Road Transport of Passengers and Cargo, signed in Zagreb on July 11, 2006.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of Republic of Croatia on International Road Transport of Passengers and Cargo (Entered into force on August 19, 2011 - Bulletin of International Treaties of the Republic of Kazakhstan 2011, No. 5, art. 82)

The Government of the Republic of Kazakhstan and the Government of the Republic of Croatia, hereinafter referred to as the Parties, wishing to contribute to the development of trade and economic relations between the two countries, determined to strengthen cooperation in the field of road transport within the framework of a market economy, concerned about the protection of the environment and people, rational use of energy, road safety and improving the working conditions of drivers, aimed at on the development of intermodality in transport, realizing, what mutual benefits will the development of road transport bring, agreed on the following:

I. General provisions

Article 1. Scope of application

The provisions of this Agreement apply to road transportation of goods and passengers between the territories of the Parties, transit through their territories, as well as to/from third countries carried out by carriers established in the territory of one of the Parties. This Agreement does not affect the rights and obligations arising from other international contractual obligations of the Parties.

Article 2. Definitions

The terms used in this Agreement have the following meaning:

1. "Carrier" means any natural or legal person established in the territory of one of the Parties and authorized to carry passengers or cargo.

2. "Vehicle" means an automobile, an automobile with a trailer, an automobile tractor or an automobile tractor with a semi-trailer, of which at least one automobile or tractor is registered in one of the Parties, and which is used and intended exclusively for the transportation of passengers or goods.

3. "Transportation" means the passage of a vehicle with or without cargo, even if the vehicle, trailer or semi-trailer part of the way is transported by train or ship.

4. "Cabotage" is the transportation of passengers or cargo carried out by a carrier of the states of one of the Parties between two points within the territory of the other Party.

5. "Territory of the Party" means the territory of the Republic of Kazakhstan and the territory of the Republic of Croatia.

6. "Country of establishment" means the territory of the Party within which the carrier and the vehicle are registered.

7. "Host country" means the territory of the Party in which the carrier carries out transportation without being established in that territory, whose vehicle is also not registered in that territory.

8. "Bus" is a vehicle registered in the territory of one of the Parties, suitable in its design and equipment and intended for the carriage of passengers, which, in addition to the driver's seat, has eight more seats.

9. "Regular passenger transportation" - transportation when passengers are transported along a certain route, according to pre-established and published schedules and fares for transportation. During such transportation, passengers board and disembark at pre-set stops.

10. "Shuttle transportation" is transportation when, through repeated flights in the forward and reverse directions, pre-formed groups of passengers are transported from a certain place of departure to a certain destination. Each group consisting of passengers traveling in a forward direction is transported back to the place of departure on a subsequent flight. The place of departure and destination, respectively, means the place where the trip begins and the place where the trip ends, together, in each case, with the nearest neighborhoods within a radius of 50 km. The first return flight and the last direct flight in a series of shuttle services are performed empty.

11. "Irregular transportation" means transportation that does not fall under either the definition of regular passenger transportation or the definition of shuttle transportation. The frequency or number of shipments does not affect their classification as irregular shipments.

12. "Control document" is a waybill for buses conforming to the model agreed upon by the joint Commission referred to in Article 14 of this Agreement.

13. "Permit" is a document issued by the competent authorities of the Parties, which gives the right/opportunity to vehicles registered in the territory of the other Party to travel to or through the territory of the Party that issued the permit.

14. "Transit" means the transportation of passengers and/or cargo by a vehicle registered in the territory of one Party through the territory of the other Party.

15. "Dangerous cargo" is cargo that, due to its properties and characteristics, during transportation, loading, unloading and storage, can cause damage to technical means, equipment, buildings and structures, as well as death, injury or illness of people, animals and harm to the environment.

II. Passenger transportation

Article 3. Regular transportation

1. Regular passenger transportation between the territories of the Parties or transit through their territories is carried out on the basis of permits issued by the competent authorities of the Parties.

2. An application for authorization must be submitted to the competent authority in the carrier's State of establishment, which is forwarded to the competent authority of the other Party. If the competent authority approves the application, the authorization is sent to the competent authority of the carrier's State of establishment.

3. The Joint Commission established in accordance with Article 14 of this Agreement decides in what form the application should be submitted and what additional documents are required.

4. Permits are issued by the competent authorities of the Parties by mutual agreement.

5. The decision to grant or refuse a permit is made within three months.

6. The maximum period of validity of permits is five years. They establish the conditions of transportation, including environmental and safety standards that vehicles must meet.

7. The issues of changing the conditions of carriage and cancellation of carriage are resolved in accordance with the procedure provided for in paragraphs 2 and 3 of this article.

8. If the carriage is no longer necessary, the carrier may cancel it three months in advance by notifying the competent authorities that issued the permits and the customers.

Article 4. Irregular and shuttle transportation

1. Irregular and shuttle passenger transportation between the territories of the Parties and transit through their territories shall be carried out on the basis of a system of permits issued by the competent authorities of the Parties. The Joint Commission established in accordance with article 14 of this Agreement shall coordinate the requirements for technical, environmental and safety standards to be met by vehicles carrying out the transportation specified in this article.

2. As an exception to paragraph 1 of this article, the transportation listed below does not require permits in the territory of the host country: 1) a closed-door trip, i.e. transportation using the same vehicle with the same passengers for the entire duration of the trip, which begins and ends at the point of departure; 2) transportation of passengers to the territory of the other Party by a motor vehicle returning empty to the territory of the State of departure; 3) a trip without passengers to the territory of the other Party for the purpose of collecting passengers for their transportation to the territory of the Party of the institution, provided that these passengers were previously brought to the territory of the other Party by the same carrier.

3. Boarding additional passengers on a flight that does not require a permit is prohibited, except in cases where a corresponding permit is issued. The Joint Commission established in accordance with article 14 of this Agreement may initiate an exemption from the permit system for other categories of irregular passenger traffic.

4. The application for a permit must be submitted to the competent authorities of the host country. The Joint Commission established in accordance with Article 14 of this Agreement decides in what form the application should be submitted and what additional documents are required.

5. Irregular transportation that does not require permits and is carried out by buses must be accompanied by a control document. The terms of use and the content of the control document are established by a Joint Commission established in accordance with Article 14 of this Agreement.

Article 5. Provisions common to passenger transportation

1. Permits may not be transferred by another carrier.

2. It is prohibited to carry out passenger cabotage.

III. Cargo transportation

Article 6. Licensing system

1. Carriers established on the territory of one of the Parties may, under the permit system, carry out: 1) transportation between the territories of both Parties; 2) transit transportation; 3) transportation between a point on the territory of the other Party and a point on the territory of a third country, if the route passes through the territory of the country where the vehicle is registered.

2. Transportation between a point on the territory of the other Party and a point on the territory of a third country is carried out with a special permit if the route does not pass through the territory of the country of registration.

3. Coastal cargo transportation is allowed only with a special permit issued in the host country.

4. The Joint Commission established in accordance with Article 14 of this Agreement shall establish other types of permits. If necessary, it can put forward a proposal for transportation without permits.

Article 7. Transportation that does not require permits

1. The permits referred to in Article 6 of this Agreement are not required for: 1) transportation by vehicles whose total permissible weight with cargo, including trailers, does not exceed 6 tons or, when the permissible payload, including trailers, does not exceed 3.5 tons; 2) irregular transportation of goods delivered to/from airport in case the conditions of air transportation have been changed; 3) transportation of damaged and out-of-order vehicles and movement of repair vehicles; 4) movement of an empty cargo vehicle to replace another cargo vehicle damaged or out of service in another country, and the return of an empty repaired vehicle; 5) transportation of medicines, medical equipment and equipment intended to provide assistance in emergency situations, namely natural disasters, as well as humanitarian aid; 6) transportation of objects and works of art intended for fairs and exhibitions; 7) transportation for non-commercial purposes of supplies, equipment and animals for theatrical, musical, cinematographic, sports and circus performances and exhibitions, as well as recordings of radio broadcasts, film and television filming; 8) transportation of remains and ashes of the deceased; 9) postal transportation.

2. The Joint Commission established in accordance with article 14 of this Agreement may, if necessary, initiate an expansion of the list of shipments that do not require permits.

Article 8. General provisions for freight transport

1. The competent authorities of both Parties exchange an agreed number of permit forms each year. Permits for cargo transportation are valid until January 31 of the following calendar year.

2. Permits may not be transferred by another carrier.

3. The permit can only be used for one vehicle. For a combination of vehicles, the determining factor for issuing permits and determining when a permit is not required is the car.

4. The Joint Commission established in accordance with Article 14 of this Agreement shall determine the quota, category and further conditions for the use of permits.

IV. General provisions

Article 9. Taxes and duties

1. Vehicles engaged in international road transportation of goods, passengers, and baggage and registered in the territory of a Party and temporarily located in the territory of the other Party in accordance with the provisions of this Agreement are exempt from paying all taxes related to the ownership, registration, and management of a vehicle.

2. Fuel (not more than 200 liters for cargo vehicles and not more than 600 liters for buses) contained in a conventional tank built by the manufacturer of the vehicle, intended for the operation of the vehicle, as well as lubricants and spare parts are exempt from all customs duties in accordance with the national legislation of the host country. Unused spare parts must be removed from the country, and replaced parts must be removed or destroyed in the presence of representatives of the customs of the relevant Party.

3. For transportation carried out under the terms of this Agreement, road tolls, fees and other duties levied for the use of the road network or bridges in the host country shall be levied. Duties and other charges are levied on carriers from both countries on a non-discriminatory basis.

Article 10. Weight parameters and dimensions

1. The maximum permissible weight, axle load and dimensions of vehicles must not exceed the parameters specified in the registration documents, as well as the maximum permissible limits in force in the host country.

2. The use of vehicles with indivisible bulky and heavy cargo is allowed in the host country only with a special permit, for which an application has been submitted in advance.

Article 11. Equipment and other characteristics

1. Vehicles carrying dangerous goods must be equipped and equipped in accordance with the requirements The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) of September 30, 1957, as amended.

2. The equipment used to monitor the working and rest conditions of vehicle crews must comply with the provisions of The European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) of July 1, 1970, as amended.

3. The Parties undertake to promote the use of vehicles within the framework of this Agreement that meet safety and emission standards.

Article 12. Control

Permits, control and other documents in accordance with the provisions of this Agreement, as well as waybills, travel documents, insurance certificates, certificates of completion of training and all other documents required by international agreements of the States of the Parties, must be in the vehicle and presented at the request of authorized persons.

Article 13. Obligations of carriers and violations

1. Carriers of the States of the Parties and the crews of their vehicles, while on the territory of the other Party, must comply with the national legislation in force in that country.

2. In case of violation of the provisions of this Agreement by carriers of the State of the Party, the competent authorities of the Party in whose territory the violation occurred, without prejudice to the procedural actions of their country, notify the competent authorities of the other Party, which take measures provided for by the national legislation of that State. In particularly serious cases, the competent authorities of the host country may temporarily prohibit the access of the offending carrier to the territory of their country, pending a decision by the competent authorities of the carrier's country of establishment. The competent authorities of both Parties shall notify each other of the decisions taken.

Article 14. The Joint Commission

In order to comply with the provisions of this Agreement and resolve disputes that arise, the Parties shall establish a joint commission consisting of representatives of the competent authorities of the States of the Parties.

Article 15

The competent authorities of the States of the Parties for the application of this Agreement are: in the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan; in the Republic of Croatia - the Ministry of the Sea, Tourism, Transport and Development. In the event of a change in the competent authorities referred to in this article, the names of the competent authorities shall be communicated to the other Party through diplomatic channels.

V. Final provisions Entry into force and duration of the Agreement, as well as amendments

Article 16

This Agreement may be amended and supplemented through diplomatic channels by mutual agreement of the Parties.

Article 17

1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification by the Parties on the completion of all internal procedures necessary for the entry into force of this Agreement. 2. This Agreement is concluded for an indefinite period. Each of the Parties has the right to terminate this Agreement by written notification. In this case, this Agreement shall terminate upon the expiration of three months from the date of receipt of such notification. In witness whereof, the undersigned, duly authorized, have signed this Agreement.

Committed in the city Zagreb, 11 July 2006, in two original copies, each in Kazakh, Croatian, Russian and English, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Croatia

The RCPI's note. The text of the Agreement in Russian is duplicated in English and Croatian (see the paper version).

President

Republic of Kazakhstan

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