On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on the Mutual Regulation of International Passenger and Cargo Transportation by Road

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on the Mutual Regulation of International Passenger and Cargo Transportation by Road

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on the Mutual Regulation of International Passenger and Cargo Transportation by Road

Law of the Republic of Kazakhstan dated November 18, 2003 No. 499

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on Mutual Regulation of International Passenger and Cargo Transportation by Road, signed in Rome on February 5, 2003.

President of the Republic of Kazakhstan

Agreement <*> between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on mutual Regulation of International passenger and Cargo transportation by Road

(Entered into force on May 19, 2006 - Bulletin of International Treaties of the Republic of Kazakhstan, 2006, No. 6, art. 43)

The Government of the Republic of Kazakhstan and the Government of the Italian Republic, hereinafter referred to as the Parties, in order to facilitate the regulation of passenger and freight transport by road between the two States, as well as transit through their territories, and taking into account mutual interests, have agreed as follows:

Article 1

In accordance with this Agreement, motor vehicles of the States of the Parties may transport passengers and goods to or from the territory of the States of the Parties, as well as transit through their territories, provided that they are registered in the territory of one of the States of the Parties.

I - Passenger transportation

1.1. Scope of application

Article 2

In accordance with the laws of the States of the Parties governing the entry and exit of citizens in the territories of the States of the Parties, this Agreement applies to all international passenger transportation between the territories of the States of the Parties, as well as transit through their territories, which uses vehicles designed to transport more than nine people, including a bus driver.

1.2. Regular transportation between States

Article 3

1. For the purposes of this Agreement, "scheduled transportation" should mean passenger transportation by bus along a specific route, according to pre-established and published timetables and transportation tariffs. 2. During such transportation, passengers can board and disembark at pre-determined stops and other agreed points. 3. To ensure such transportation, any passenger who expresses a desire must be accepted on board the vehicle at the points of departure and at stops along the way, if there are empty seats in it in accordance with the provisions of this Agreement and the laws of the States of the Parties governing regular passenger transportation.

Article 4

Regular transportation between the States of the Parties is organized by agreement between the competent authorities of the States of the Parties specified in Article 22 of this Agreement and on the basis of decisions taken by the Joint Commission established in accordance with Article 23 of this Agreement.

Article 5

1. Regular passenger transportation is carried out on the basis of appropriate permits issued by the competent authorities of the States of the Parties, which cannot be transferred to another person. 2. A permit is issued by the competent authorities of the States of the Parties for that part of the route that passes through their territories on the basis of reciprocity, unless otherwise agreed by the Parties. 3. The validity period of the permit must be agreed upon by the Joint Commission. 4. A transportation permit is issued on the basis of an application submitted by the carrier to the competent authorities of the State of the Party in whose territory the carrier's company is registered. 5. The application must contain such mandatory information as the name of the carrier, a route diagram indicating the stops for boarding and disembarking passengers, a timetable (valid for one calendar year), distances in kilometers, the period and frequency of movement, as well as the fare, which is set by the Joint Commission. The competent authorities of the States of the Parties have the right to request additional data that they deem necessary. 6. The competent authority of one of the States of the Parties shall notify the competent authority of the State of the other Party of all accepted applications completed with the necessary documents. 7. The application must be approved by the competent authorities of the States of the Parties in accordance with the procedures established by the Joint Commission. 8. A vehicle that is authorized to carry out regular transportation must have an authentic certificate for all trips.

Article 6

Carriers of the State of one of the Parties are not allowed to carry passengers between two points located on the territory of the State of the other Party.

1.3. Regular transit services

Article 7

1. For the purposes of this Agreement, "regular transit passenger transportation" means passenger transportation by bus along a specific route, according to pre-established and published schedules and fares for transportation, starting in the territory of the State of one of the Parties and crossing the territory of the State of the other Party to a destination in a third State without passengers disembarking or boarding in the territory of the State of the other Party. 2. Regular transit services must be carried out on the basis of permits issued by the competent authority of the transit State, to which the carrier must first submit an application through the competent authorities of the State of its registration.

1.4. Irregular transportation

Article 8

For the purposes of this Agreement, irregular transportation is: 1) (closed-door travel), i.e. transportation using the same vehicle with the same passengers for the entire duration of the trip, which begins and ends in the territory of the State of the Party in which the vehicle is registered; 2) transportation passengers to the territory of the State of the other Party by a motor vehicle returning empty to the territory of the State of the Party where it is registered; 3) a trip without passengers to the territory of the state of the other Party in order to collect groups of passengers for their transportation to the territory of the State of the Party where the vehicle is registered on the basis of a previously reached agreement between the carrier and the customer.

Article 9

1. Transportation, the conditions for which are specified in subparagraphs 1) and 2) of Article 8 of this Agreement, do not require any permits, even if they are transit transportation. 2. In such cases, the driver must have a duly completed travel document with a complete list of passengers, the name and address of the carrier, the registration number of the vehicle, the destination, and the expected date of entry and exit in the territories of the States of both Parties. 3. In the event of a breakdown of a motor vehicle, it may be replaced by another motor vehicle without the required permit, according to the procedures established by the Joint Commission. 4. If the conditions stipulated in paragraph 3) of Article 8 of this Agreement are in place, the competent authorities of the State of one Party in which the transportation company is registered may request permission from the competent authorities of the State of the other Party. 5. The competent authorities should exchange permit forms, the annual quota for which is set by the Joint Commission provided for in this Agreement.

1.5. Other transportation by motor vehicle

Article 10

1. In the case of all other transportation by motor vehicle, the conditions of which are not specified in the previous articles, permits must be obtained in advance in each individual case from the competent authorities of the State of the other Party. 2. A permit is issued to each carrier who submits an application through the competent authorities of the State of his Party to the competent authorities of the State of the other Party. 3. The application must contain information about the route, destination, purpose of the trip and other information that may be required by the competent authorities of the States of the Parties. 4. The competent authorities of one of the States of the Parties must transfer the accepted applications with all necessary documents to the competent authorities of the State of the other Party. 5. The competent authorities of the State of the other Party must notify the decision within 30 days from the date of receipt of the application. 6. After obtaining the consent of the competent authorities of the State of the other Party, the competent authorities of the State of the Party in which the carrier is registered must issue a permit.

II - Freight transportation

2.1. Transportation between two states and transit transportation

Article 11

1. A cargo carrier registered in the territory of one of the States of the Parties must have a permit for transportation between the two States issued by the competent authority of the State of the other Party, except as provided in Article 12 of this Agreement, or in accordance with decisions of the Joint Commission regarding exemption from the licensing system for bilateral transportation. Such a permit is valid during transportation in both forward and reverse directions. 2. During transportation, the entry, movement and stay of motor vehicles and drivers on the territory of the State of the other Party may be subject, on mutual terms, to special terms and conditions, inspections and precautionary measures when required for reasons of national security. 3. For the purposes of this Agreement, transportation is considered transit if it passes through the territory of one of the States of the Parties to a destination in a third State, without loading or unloading goods on the territory of the State of the Party through whose territory the vehicle is in transit. 4. In order to carry out transit traffic, the carrier must have a permit issued by the competent authority of the State of the other Party, except as provided in Article 12 of this Agreement, or unless otherwise agreed by the competent authorities of the States of the Parties.

Article 12

1. Without prejudice to the laws of the States of the Parties regulating the import and export of the following goods to and from the territories of the States of both Parties, the following are exempt from the permits stipulated in Article 11 of this Agreement: 1) transportation of remains and ashes of the deceased; 2) transportation of items intended exclusively for exhibitions; 3) equipment and accessories for theatrical, musical, cinematographic, sports and circus events, as well as recordings of radio broadcasts, film and television filming; 4) the movement of an empty cargo vehicle to replace another cargo vehicle that has failed in the territory of the State of the other Party, and the return of an empty repaired vehicle. The replacement vehicle may continue transportation using the permit issued to the disabled vehicle.; 5) transportation of medicines, medical equipment and equipment, as well as other items intended to assist in urgent emergency situations and natural disasters to eliminate critical situations; 6) postal transportation; 7) irregular transportation of goods delivered to airports if the conditions of transportation have been changed; 8) baggage transportation in trailers, attached to passenger vehicles, or baggage vans using any vehicle intended for or coming from the airport; 9) transportation of valuables (precious metals, etc.) in special vehicles accompanied by police or special escort; 10) transportation of spare parts for sea and air transportation. 2. The list of shipments that do not require permits in accordance with this Article may be changed by the Joint Commission. 3. All transportation specified in this Article must be subject to all the requirements that may be necessary in accordance with the conditions of certain rules and regulations in force in the territories of the States of the Parties and regulating this issue.

Article 13

No permit can be transferred to a third party, it can only be used by the carrier to whom it was issued, and entitles the carrier to carry out transportation by one vehicle or a combined vehicle (a vehicle with a trailer/semi-trailer, a vehicle without a trailer, an articulated vehicle) during the period of validity specified in the permit., the validity of which should not exceed one calendar year.

Article 14

1. Carriers of the State of one Party are prohibited from transporting goods between two points located on the territory of the State of the other Party. 2. Carriers of the State of one Party are also prohibited from transporting goods between the territory of the State of the other Party and the territory of a third State and vice versa, unless otherwise provided by the Joint Commission, which decides on a special quota of permits.

III - General provisions

Article 15

1. The competent authorities of the States of the Parties, in accordance with the legislation of their state, must identify the technical and professional standards for motor transport companies, the suitability of vehicles, the content of documents for the vehicle, driver qualifications, insurance coverage and insurance of maximum liability to third parties and compensation for passengers. 2. The terms and conditions of the insurance policy in all cases must comply with the requirements established by the legislation of the State of the Party to which the transportation is carried out.

Article 16

The procedures and formalities for issuing travel permits, drawing up documents necessary for the carriage of passengers and goods, making records and recording statistical data for exchange between the competent authorities of the States of the Parties must be agreed upon by the competent authorities of the States of the Parties.

Article 17

1. The permits required under this Agreement, as well as other transportation documents, must be in the vehicle during all transportation provided for in this Agreement and, upon request, presented for verification to representatives of the competent authorities of the States of the Parties. 2. Transportation documents should be completed in full before starting the trip. 3. In the event that the overall or weight parameters of a motor vehicle traveling without cargo or with cargo exceed the standards established in the territory of the State of the other Party, the carrier must obtain a special permit from the competent authorities of the State of the other Party. 4. For the purposes of this Agreement, carriers and crews of their vehicles must comply with the rules and regulations governing road traffic and transportation in the territory of each of the States of the Parties. 5. In case of violations by carriers and crews of their vehicles of the rules and regulations stipulated in paragraph 4 of this Article, they are liable in accordance with the legislation of the States of the Party in whose territory the violation was committed.

Article 18

1. The following items are exempt from payment of customs duties, customs clearance fees and taxes levied upon importation into the territory of the state of one of the Parties: 1) fuel contained in the main tanks provided for the corresponding vehicle model, technically and structurally connected to the engine fuel system, as well as fuel located in a trailer or semi-trailer, which it is necessary for the operation of refrigeration units; 2) lubricants contained in motor vehicles in quantities necessary for normal consumption during transportation; 3) spare parts and tools intended for the repair of vehicles performing international transportation. Unused spare parts are subject to re-export, and replaced spare parts must be removed from the State, either destroyed, or must be handled in accordance with the procedure established in the territory of the State of the relevant Party. 2. The driver and other crew members of the vehicle may temporarily import, with exemption from customs duties and import duties, a certain number of personal items necessary for the trip during their stay in the destination country and subject to their return. 3. Each Party must allow entry into its territory of motor vehicles registered in the territory of the State of the other Party, with exemption from customs duties, without prohibitions and restrictions, subject to their re-export. 4. The Parties may require that such vehicles undergo Customs formalities for temporary importation into their territory.

Article 19

1. Transportation performed under this Agreement must be executed and paid for in freely convertible currency at the market rate valid on the day of payment. 2. The corresponding money transfers should not be subject to restrictions and delays, provided that the previous fiscal obligations are completed. 3. If a payment agreement is concluded between the Parties, the payment specified above must be made in accordance with the terms of such agreement.

Article 20

The provisions of international treaties to which the States of the Parties are parties apply to border, customs and sanitary control related to border crossing, and the legislation of each of the States of the Parties will be applied when resolving issues not regulated by these treaties.

Article 21

1. Despite the sanctions officially announced in the State of the Party where the offense was committed, in case of violation of the provisions of this Agreement in the territory of the State of the other Party, the competent authorities of the State of the Party in whose territory the vehicle is registered, upon receipt of a notification from the competent authorities of the State of the other Party, decide to take one of the following measures: 1) warning the carrier about the need to comply with the requirements of the legislation of the receiving State; 2) a warning that, in case of repeated violation, the measures provided for in paragraphs 3) or 4) listed below will be applied; 3) temporary suspension of the permit for the carriage of passengers or goods in the State in which the violation was committed; 4) withdrawal of the permit for the carriage of passengers or goods in the State in which a violation has been committed. 2. The competent authorities of the States of both Parties shall notify each other of the sanctions imposed.

Article 22

1. Disputes related to the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties. 2. The competent authorities of the States of the Parties for the application of this Agreement are:

for the Government of the Republic of Kazakhstan: Ministry of Transport and Communications;

for the Government of the Italian Republic: Ministry of Infrastructure and Transport.

Article 23

1. In order to implement the provisions of this Agreement and solve current problems related to it, a Joint Commission is hereby established, consisting of representatives of the competent authorities of the States of the Parties and having the following main functions: 1) to express their opinion on scheduled passenger transportation, and, if necessary, to agree on procedures to ensure such transportation of mutual interest. for both Sides; 2) jointly establish quotas of permits for the carriage of passengers and goods specified in Articles 8, 9, 11 and 14, or resolve the issue of exemption from permits in the case of bilateral and transit traffic; 3) develop the form of permit forms specified in Articles 5, 8, 9, 10 and 11, and establish procedures to issue them; 4) to resolve problems and issues arising during the implementation of this Agreement; 5) to take all appropriate measures to facilitate and stimulate the development of road transport between the two states.; 6) consider the possibility of establishing agreements with the competent authorities on granting tax exemption based on the principle of reciprocity, permitted by the current legislation of both States. 2. The competent authorities of the States of the Parties shall appoint their representatives to the Joint Commission, whose meetings will be held alternately in the territories of the States of the Parties, at the request of one of the Parties.

Article 24

All matters not covered by this Agreement are governed by the laws of the States of the Parties or international treaties to which the States of the Parties are parties.

Article 25

1. When transporting passengers and goods specified in this Agreement, drivers and personnel of motor vehicles must comply with and respect the laws and administrative regulations in force in the State of the Party in whose territory they are transporting, and in particular, the rules governing entry and stay in the relevant territory. 2. The Parties reserve the right to deny the right to free movement, which has been mutually agreed upon, for reasons of national security, which may also take the form of regulating the movement of goods.

IV - Final terms

Article 26

1. This Agreement shall be concluded for an indefinite period and shall enter into force on the date of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. Each Party may terminate this Agreement by notifying the other Party in writing. The Agreement shall terminate three months after the date of receipt of the notification by the relevant Party. In witness whereof, the undersigned Representatives, duly authorized by their Government, have signed this Agreement. Done in Rome on February 5, 2003, in two original copies, each in the Kazakh, Italian, Russian and English languages, 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 The Italian Republic

I hereby certify the accuracy of this original copy of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on Mutual Regulation of International Passenger and Cargo Transportation by Road dated January 5, 2003.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

(RCPI note: the following text is in English, see the paper version)

President

Republic of Kazakhstan

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