On the ratification of the Framework Agreement of the Organization for Economic Cooperation on Transit Transport and the Protocol on the Signing of the Texts of the Annexes to the Framework Agreement of the Organization for Economic Cooperation on Transit Transport
Law of the Republic of Kazakhstan dated February 8, 2003 No. 384
To ratify the Framework Agreement of the Organization for Economic Cooperation on Transit Transportation, signed in Almaty on May 9, 1998, and the Protocol on Signing the Texts of Annexes to the Framework Agreement of the Organization for Economic Cooperation on Transit Transportation, signed in Islamabad on April 28, 2000.
President of the Republic of Kazakhstan
ECO Framework Agreement on Transit Transport Preamble
The Contracting Parties: Guided by the desire to maintain, develop and strengthen friendly relations and cooperation between their countries; Aware of the growing regional and international relations between States;
Adhering to the view that no country, regardless of whether it has access to the sea or not, should be isolated from the rest of the world;
Striving to develop and maintain a rational, coordinated and mutually beneficial system of transport and communications;
Taking into account the joint UNESCAP project for the development of land transport infrastructure in the Asian and Pacific region and the report of the UN Secretary-General on the current situation and proposed options for future actions on transit transport systems in the newly independent and developing landlocked Central Asian States and their neighboring States (A/49/150), and The Ashgabat Declaration on the Development of Transport and Communication Infrastructure and a Network of Transnational Pipelines in the ECO Region (1997), and,
Recalling the principles and provisions proclaimed in the Convention on Transit Trade of the Intercontinental States (1965), and other international Conventions on trade, Customs and transport, in the ECO Transit Trade Agreement of 1995; Recognizing the importance of adequate transit and transport arrangements for regional and international trade and for the economic development of landlocked Countries; Reaffirming their commitment to facilitating the smooth, rapid and efficient movement of goods, passengers and baggage between the Contracting Parties, agreed on the following:
Part I General provisions
Article 1 Definitions
For the purposes of this Agreement: (a) "Landlocked State" means a State without a coastline;
(b) "Transit State" means a landlocked or landlocked State through whose territory the transit is carried out; (c) "Transit transport" means the transit of persons, baggage, goods and vehicles along agreed routes through the territory of one or more Contracting Parties when crossing such territory, with or without overloading, storage, rearrangement of cargo or transfer from one mode of transport to another, is only part of the entire route starting or ending in the territory of a Contracting Party;
(d) "Permit" means a document issued by the competent authority of one Contracting Party authorizing a vehicle registered in the other Contracting Party to enter, exit or transit through the territory of the other Contracting Party; (e) "Domestic transportation" means the transportation of goods or passengers loaded at one location in the territory of the other Contracting Party. Of a Contracting Party, and unloading - in another place on the territory of the same Contracting Party.;
(f) "Vehicle" means any means used for the carriage of goods, passengers and baggage, including containers, and other transport equipment;
(g) "Carrier" means any legal or natural person authorized to carry out international carriage of goods, passengers and baggage, who or on whose behalf a contract has been concluded with the shipper/consignee or with a passenger for the carriage of goods or passengers and baggage;
(h) "Shipper" means any person by whom or on behalf of or on whose behalf a contract of carriage of goods has been concluded with the carrier, or any person by whom or on whose behalf the goods are actually delivered to the carrier in connection with the contract of carriage of goods;
i) "forwarder" means a legal or natural person who has concluded a contract for the provision of freight forwarding services with the shipper;
(j) "Consignee" means a legal or natural person authorized to receive the goods;
j) "freight forwarding services" means services of any kind related to the transportation, consolidation, warehousing, reloading, packaging or distribution of goods, as well as related support and advisory services, including, but not limited to, customs and financial matters, declaration of goods, provision of cargo insurance, and receipt of payments or their provision and paperwork;
(l) "Cargo" means all types of cargo and goods, including animals. If the goods are consolidated into containers, on a pallet, or similar transportation device, or they are packaged, "cargo" includes all of these items for transportation or packaging, if provided by the shipper.;
(m) "Contract of carriage" means any contract under which the carrier undertakes, for a fee, to transport cargo or passengers and baggage from one Contracting Party to another;
(n) "Passenger" means any natural person who, in pursuance of a contract of carriage concluded on his behalf or by himself, is transported for remuneration or free of charge by the carrier;
o) "baggage" should be understood as including all items carried under a contract of carriage, including vehicles, but excluding buses and trucks used for commercial transportation;
(p) "Domestic legislation" means the body of national and local laws and regulations in force in the territory of a Contracting Party;
q) "customs control" means a set of measures carried out by the customs authorities of the Contracting Parties in order to ensure compliance with domestic customs legislation and obligations under international treaties of the Contracting Parties, the control over the implementation of which is entrusted to the customs authorities;
(r) "Import duties, taxes and charges" means customs duties and all taxes, fees and other amounts levied in accordance with domestic law on or in connection with the importation of goods, but not including the cost of services rendered;
(s) "Container" means transport equipment:
(i) Which is a fully or partially enclosed container intended for the storage of goods therein;
ii) having a permanent character and, therefore, sufficiently durable to serve for repeated use;
(iii) Specially designed to facilitate the transportation of goods by one or more modes of transport, without intermediate cargo reloading; (iv) designed in such a way that it can be quickly handled, in particular when reloading from one mode of transport to another; (v) designed in such a way that it can be easily loaded and unloaded;
t) "dangerous goods" means goods that potentially pose a significant risk to human health and the environment, safety, security of property during transportation or storage, etc.;
(u) "Contracting Party" means the Government of the State that signs and accedes to this Agreement.
Article 2 Goals and objectives
The main goals and objectives of the Transit Transport Framework Agreement and its annexes are:
i) facilitating the movement of goods, passengers and baggage through the territories of the Contracting Parties and providing transit transport with all necessary facilities in accordance with the provisions of this Agreement;
ii) ensuring the safety of goods, passengers and baggage in order to avoid unnecessary delays during transit through the territories of the Contracting Parties;
iii) cooperation and coordination of the efforts of the Contracting Parties to avoid cases of customs fraud and tax evasion, coordination of necessary administrative issues related to transit traffic.
Article 3 Scope of application
The provisions of this Agreement shall apply to transit traffic that begins or ends in the territory of a Contracting Party.
Part II Freedom of transit
Article 4 Transit facilitation
Each Contracting Party shall provide the other Contracting Parties with the necessary facilities for transit through its territory under the conditions defined in this Agreement and its Annexes.
Article 5 Customs duties, taxes and other duties and charges
Transit transportation by motor transport is exempt from customs duties, taxes and other charges, with the exception of fees that are levied for the provision of specific services in accordance with the domestic legislation of the country, including toll roads, maintenance fees, etc.
Part III Assignment of transit and transport routes
Article 6 Purpose and technical characteristics of road, railway and inland waterways
Article 6 Purpose and technical characteristics of road, railway and inland waterways
1. The Contracting Parties shall adopt the road, rail and inland waterway transit routes prescribed by each Contracting Party, which are presented in Annex I. 2. Additional routes, as well as their technical specifications, will be submitted by the Transit and Transport Coordination Council (TTCC) from time to time. 3. When constructing or reconstructing highways, railways and inland waterways along prescribed transit routes, the minimum characteristics mentioned in Annexes II and III will be taken into account.
Article 7 Combined and multimodal transport
1. The Contracting Parties will promote and facilitate the development of combined and multimodal transport. 2. Combined and multimodal transport operations should be based on internationally recognized documents and procedures.
Article 8 Border service facilities
The Contracting Parties shall provide adequate facilities and appropriate facilities necessary for road and rail transport and for navigation on inland waterways, as well as for multimodal transport such as combined terminals used by different modes of transport, border crossing points, changing wheel sets from one railway gauge to another, ferry crossings, ports, navigation facilities and common radio frequencies.
Article 9 Measures to accelerate the clearance of goods in transit
1. In order to ensure the continuous and rapid movement of transit goods, the Contracting Parties will make efforts to: a) establish checkpoints with control zones at designated border crossings, which should be located adjacent and organized in such a way that the inspection of vehicles and goods is carried out in the same place, thereby preventing the need for re-unloading and loading; (b) Ensure that the necessary human resources are available for the rapid completion of border formalities: (c) Provide storage areas for cargo; (d) Coordinate the opening hours of adjacent border posts; (e) Provide adequate platforms for containers, trucks and other vehicles awaiting cargo clearance; (f) Provide reliable postal and telecommunications services; g) to ensure the rapid and efficient transit of goods between the Contracting Parties and to adopt a uniform form of consignment notes.
Article 10 Safety of transit traffic
1. The Contracting Parties will take all necessary measures to ensure traffic safety, cargo safety and environmental protection during transit routes. 2. The Contracting Parties will provide all possible assistance in the event of a road traffic accident on their territory resulting in an accident of vehicles carrying goods in transit, especially in cases involving passengers, dangerous goods and perishable products.
Article 11 Opening of offices
1. The Contracting Parties will issue permits for the opening of offices in their territories to transport companies engaged in transit transportation for the purpose of carrying out such transportation. 2. The opening of such offices is carried out in accordance with the domestic legislation of the Contracting Party.
Article 12 Multiple entry and transit visas
1. The Contracting Parties must issue to drivers of motor vehicles and persons engaged in transit operations and subject to visa requirements multiple entry and transit visas for a period of one year with the right to stay in the territory of each Contracting Party for 15 days for transit at each entry and up to 5 days in excess at the place of loading and unloading. 2. In case of illness or bodily injury to personnel, accidents or vehicle breakdowns, the visa period is extended accordingly. 3. The procedure for issuing visas referred to in paragraphs 1 and 2 must be carried out in accordance with the domestic legislation of the Contracting Parties.
Part IV Seaports and their equipment
Article 13 Seaports and their equipment
The Contracting Parties having seaports, within the limits of their capabilities, undertake to provide the necessary port facilities in ports open to foreign vessels to other Contracting Parties on terms and at a cost not exceeding the established tariffs paid by other foreign users of port facilities.
Part V General conditions of road transport
Article 14 Traffic regulation
1. The Contracting Parties will take all necessary measures to ensure that the traffic regulations in force in their countries substantially comply with the provisions of the Convention on Road Traffic (1968) and the Convention on Road Signs and Signals (1968). 2. Contracting Parties that are not parties to these Conventions will take the following measures: necessary steps to join them.
Article 15 Permits for road transport
1. If availability for road transportation is a condition for the transit transportation of goods, passengers and baggage, such permits will be issued in accordance with domestic legislation. 2. The Contracting Parties will harmonize and facilitate the requirements necessary for the issuance of permits for the carriage of goods, passengers and baggage by road without any restrictions or quotas.
Article 16 Transport services
1. Each Contracting Party shall allow vehicles registered in the other Contracting Party to provide transit transportation services on its territory. 2. In the absence of a special permit from the interested Contracting Party, vehicles registered in one Contracting Party may not be used for domestic transportation of goods, baggage and passengers in the territory of the other Contracting Party.
Article 17 Temporary importation of vehicles
1. Each Contracting Party shall permit vehicles of the other Contracting Party to stay on its territory in accordance with its domestic legislation. 2. The carrier is not obliged to provide a "carnet de passage" or other security document when crossing the border of any of the Contracting Parties, if it has a permit issued in accordance with this Agreement.
Article 18 Technical requirements for vehicles
Vehicles used for road transit transport must comply with the technical requirements regarding the dimensions of vehicles, their total maximum weight with cargo, axial loads and other parameters set out in Annex IV.
Article 19 Provision of fuel and lubricants
Each Contracting Party agrees that vehicles of the other Contracting Parties have the right to receive fuel and lubricants necessary for operation on its territory, under conditions determined by the Contracting Parties.
Article 20 Mutual recognition of driver's licenses
The Contracting Parties recognize driving permits issued by other Contracting Parties, which are valid for categories of vehicles used for transit transport and which must comply with the Convention on Road Traffic (1968).
Article 21 Mutual recognition of certificates on the technical condition of vehicles
The Contracting Parties recognize certificates on the technical condition of vehicles issued by other Contracting Parties and which must comply with the Convention on Road Traffic (1968). The Contracting Parties undertake to carry out regular technical inspections of their vehicles.
Article 22 Motor vehicle insurance scheme with respect to liability to a third party
1. The Contracting Parties will take the necessary steps to insure their vehicles to cover liability to third parties arising from liability during transit traffic. 2. The Contracting Parties undertake to establish an international compulsory insurance scheme for motor vehicles with respect to liability to third parties, in accordance with the requirements set out in Annex V. 3. The International Compulsory Motor Vehicle Liability Insurance Scheme should provide, at a minimum, all the guarantees required by the legislation and regulations governing compulsory motor vehicle liability insurance in the country or in the countries of transit and destination.
Article 23 Fees and other charges
The Contracting Parties shall apply fees and other charges in respect of vehicles of other Contracting Parties in accordance with domestic legislation.
Part VI General conditions of carriage by rail
Article 24 Transit transportation
1. Transit transportation by railways connecting the territories of the Contracting Parties must be carried out through international transfer stations defined by agreements concluded by the neighboring railway administrations of the Contracting Parties. 2. The border stations and exchange stations are listed in Annex I. Basic technological operations such as technical and commercial inspection of rolling stock are carried out at the transfer stations. 3. The Contracting Parties shall assist their railway administrations in concluding agreements between the railways and in carrying out measures consistent with the provisions of this Agreement and its Annexes. 4. The Contracting Parties will develop rules for the use of wagons, taking into account the basic documents of the Organization of Cooperation between the railways OSJD, RIV, RIC and PPV. 5. The Contracting Parties will develop rules and procedures for international rail passenger and freight transport, taking into account the provisions of the Agreement on the International Carriage of Passengers (IPTF), as well as the Agreement on the International Carriage of Goods (SMGS), COTIF/CIM, CIV, concluded within the framework of OSJD and UIC.
Part VII General conditions of transportation by inland waterway
Article 25 Inland waterway transport
1. The Contracting Parties agree that navigation on inland waterways should be free and open for transit traffic for ships of the Contracting Parties and their crews in accordance with their domestic legislation. 2. The Contracting Parties undertake to provide adequate navigation facilities and to adopt uniform radio frequencies for all ships navigating on inland waterways in accordance with the rules of the International Telecommunication Union. 3. Navigation aids, radio frequencies and other services should be provided on a non-discriminatory basis, and fees for their use, if any, are charged in accordance with domestic legislation.
Article 26 Ship's documents
On board ships engaged in transit traffic, there must be documents, in accordance with the Convention on the Facilitation of International Maritime Transport, which must be presented at any request of the competent authorities of the Contracting Parties.
Part VIII Rules of transportation by road
Article 27 Rules for the carriage of goods by road
The Contracting Parties shall apply the rules for the carriage of goods, passengers and baggage by road in accordance with Annex VI.
Part IX Customs control
Article 28 Establishment of a customs transit system
1. The Contracting Parties shall establish a Customs transit system for goods and vehicles in accordance with relevant international Customs conventions in order to facilitate the movement of goods through their territories. 2. The Contracting Parties that are parties to the Customs Convention on the International Carriage of Goods under Cover of TIR Carnets, 1975, will apply the provisions of this Convention among themselves. Contracting Parties that are not Parties to this Convention may not adhere to the provisions of this Convention. 3. Contracting Parties that are not Parties to this Convention will consider the possibility of their accession to it.
Article 29 Facilitation and harmonization of Customs procedures
The Contracting Parties will take measures to simplify customs control of vehicles, passengers and baggage in transit through their territories, in accordance with the provisions of Annex VII.
Part X Documentation and procedures
Article 30 Consolidation and coordination of documents
1. The Contracting Parties recognize that documentation and procedures are important elements of financial and time costs that affect the efficiency of transit operations, and agree to minimize such costs and delays. 2. The Contracting Parties therefore undertake to: (a) limit the number of documents and, if possible, reduce the procedures and formalities required for transit transport; (b) bring their documentation in line with the United Nations Trade Documentation Template; (c) To harmonize, where possible, commodity codes and descriptions with those generally accepted in international trade; (d) To periodically review the necessity and usefulness of all documents and procedures prescribed for use in transit; and (e) to eliminate any documents and formalities that are agreed to be superfluous and unsuitable for any specific purpose..
Article 31 Notification of changes in documentation and procedures
The Contracting Parties should inform the other Contracting Parties in advance of any additional requirements or changes in prescribed documents and procedures introduced for transit traffic.
Article 32 Basic documentation and procedures
The main documents and procedures applied by the Contracting Parties in pursuance of this Agreement are defined in Annex VII.
Part XI Other provisions
Article 33 Granting of large benefits
This Agreement in no way leads to the withdrawal of transit benefits exceeding those provided for in this Agreement, provided that the terms and conditions under which they are provided comply with the principles embodied in this Agreement. The agreement also does not prevent the provision of greater benefits in the future.
Article 34 Domestic legislation
1. Domestic legislation and regulations concerning transport, insofar as they are not regulated by this Agreement and its Annexes, shall apply equally and without discrimination to transit transport. 2. The Contracting Parties undertake to harmonize and simplify their rules, regulations and administrative procedures related to transit traffic in accordance with the provisions of this Agreement.
Article 35 International conventions
This Agreement does not prevent the application of binding provisions of international conventions related to the issues covered in this Agreement, provided that the dispute arises exclusively between the parties to the contract of carriage, whose main place of business is located in the States parties to such conventions.
Article 36 Monitoring and implementation of the provisions of the Agreement
1. The Contracting Parties have agreed, within six months from the date of entry into force of this Agreement, to establish a transit transport coordination body called the Transit Transport Coordination Council (TTCC). to monitor and implement the provisions of this Agreement. 2. The issues of this Council, including its regulations, composition, powers, and sources of budget formation are given in Annex VIII.
Article 37 Settlement of disputes
1. All disputes, contradictions and claims between the Contracting Parties that arise from or in connection with this Agreement and its Annexes, and all violations, terminations or invalidations that cannot be resolved through consultations between the Parties may be referred by any of the Contracting Parties involved in the dispute to the TTCC. 2. The settlement of disputes, contradictions or claims that have not been resolved through consultations or through the mediation of the TTCS, at the request of any of the Contracting Parties involved in them, is carried out through arbitration and, accordingly, is referred to arbitrators selected with the consent of the Contracting Parties. 3. If any of the Contracting Parties to the dispute is unable to resort to the arbitration procedure of this article, or if the TTCC is unable to agree on the appointment of arbitrators, any of these Contracting Parties may request the President of the International Economic Court to appoint arbitrators who do not have to be nationals of any of these Contracting Parties and who The dispute must be referred for adjudication, in accordance with the rules of arbitration of the United Nations Commission on International Trade Law (UNCITRAL) in 1976.
Article 38 Decision of the arbitrators
The decision of the arbitrators appointed in accordance with article 38 is final and binding on the Contracting Parties to the dispute.
Article 39 Report of the arbitrators
The arbitrators shall inform all Contracting Parties of the existence and nature of the dispute and the general terms of its settlement; notices shall be sent in English and Russian within one month after the decision is rendered.
Part XII Final provisions
Article 40 Functions of the Depositary
This Agreement and all documents on its final signature, ratification or accession to it must be deposited with the Depositary. The secretariat of the Economic Cooperation Organization shall serve as the Depositary of this Agreement. 1. The Depositary shall: a) accept and keep the original of this Agreement; b) prepare certified copies of the original of this Agreement and transmit them to the Parties and States entitled to become parties to this Agreement.; (c) Receives all signatures to this Agreement, accepts and stores all documents, notifications and communications related to it; (d) Examines whether all signatures, documents, notifications and communications related to this Agreement are presented in proper and correct form, and, if necessary, draws the attention of the State concerned to this issue; e) inform the Parties and the States eligible to become parties to this Agreement about actions, notifications and notices related to this Agreement.; (f) Inform the States entitled to become parties to this Agreement when signatures, instruments of ratification, acceptance, approval or accession required for the entry into force of this Agreement have been deposited; (g) Inform the States Parties to this Agreement of signatures, ratifications of the Agreement and accessions to it by other States; (h) Inform the States Parties to this Agreement on the Entry into force of amendments to this Agreement; (i) Register this Agreement with the United Nations Secretariat. 2. In the event of any disagreement between a State and the Depositary regarding the performance of its functions by the latter, the Depositary or the State concerned shall bring the matter to the attention of the signatory States and the Contracting Parties.
Article 41 Signature, ratification, acceptance, approval and accession
1. ECO member countries have the right to become Contracting Parties to this Agreement. Other non-IVF member countries may become Contracting Parties to this Agreement with the unanimous consent of the IVF member countries. A State may become a Contracting Party to this Agreement by: (a) signing without the condition of its subsequent ratification, acceptance or approval; or (b) signing with the condition of its subsequent ratification, acceptance or approval; or (c) accession. 2. Upon entry into force, this Agreement will be open for accession by the non-signatory States referred to in paragraph 1. 3. The instruments of ratification, acceptance, approval and accession must be deposited with the Secretariat of the Economic Cooperation Organization.
Article 42 Validity of amendments
Any State that has acceded to this Agreement in accordance with the provisions of Article 41 (1) (c) shall be deemed to have accepted all amendments or new Annexes to this Agreement that were in force at the time of accession to the Agreement.
Article 43 Entry into force
1. This Agreement shall enter into force six months after the Governments of six ECO member States, at least one of which is coastal, have deposited their signatures without reservation of subsequent ratification, acceptance or approval, or have deposited instruments of ratification, acceptance, approval or accession with the Depositary. 2. For each State that ratifies, accepts, approves or accedes to this Agreement after the entry into force requirements contained in paragraph 1 have been fulfilled, this Agreement shall enter into force 3 months after the deposit of the relevant document by that State. 3. The annexes to this Agreement will be agreed upon and adopted by the competent authorities of the respective Contracting Parties and will enter into force from the date of its approval by all Contracting Parties, but after the entry into force of the main Agreement.
Article 44 Date of application
Each Contracting Party shall apply the provisions of this Agreement to transit transportation and related contracts for the carriage of goods, passengers and baggage concluded at the time of entry into force of this Agreement for it or thereafter.
Article 45 Denunciation
1. Any Contracting Party may denounce this Agreement at any time after two years from the date of entry into force of this Agreement by submitting a written notification to the Depositary. 2. This denunciation shall take effect on the first day of the month following the expiration of one year after the notification is received by the Depositary. If a longer period is specified in the notification, the denunciation shall take effect upon the expiration of such longer specified period after receipt of the notification by the Depositary. In witness whereof, the undersigned representatives, duly authorized thereto, have affixed their signatures below on the dates indicated. Done in Almaty on the ninth day of the month of May, one thousand nine hundred and ninety-eight, in English, in a single original copy.
For the Government of the Islamic State of Afghanistan
For the Government The Republic of Azerbaijan
For the Government of the Islamic Republic of Iran
For the Government of the Republic of Kazakhstan
For the Government Of the Kyrgyz Republic
For the Government of the Islamic Republic of Pakistan
For the Government of the Republic of Tajikistan
For the Government of the Republic of Turkey
For the Government of Turkmenistan
For the Government of the Republic of Uzbekistan
Unofficial translation from English by the ECO Secretariat
No. CSTC/TSM/80566. Tehran, May 26, 1998
The secretariat of the Economic Cooperation Organization (ECO) expresses its respect to the embassies of the member countries in Tehran and has the honor to transmit a copy of the Russian translation of the main text of the Transit Transport Framework Agreement signed by the 9 ECO member countries during the VIII Meeting of the Council of Ministers held in Almaty on May 9, 1998. The secretariat notes with regret that on page 4 of the English version of the text of the Transit Transport Framework Agreement, a missing subparagraph (t) was found, which is included in the attached text. However, it should be noted that this Agreement does not include annexes, which will be sent to the member countries after their final revision by the relevant experts of the member countries. Taking this opportunity, the Secretariat of the Organization for Economic Cooperation (ECO) renews its assurances of very high respect to the embassies of the member countries in Tehran.
To all member countries The copy is correct Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan
Protocol on signing the texts of the annexes to the ECO Framework Agreement on Transit Transport
After the signing of the ECO Framework Agreement on Transit Transport on May 9, 1998 in Almaty, the Contracting Parties adopted the following Annexes:
- Appendix N I Prescribed road, rail, and inland waterway transit routes.
- Appendix N II Technical characteristics of highways (minimum) used for transit communications.
- Appendix N III Technical specifications for railway transport (minimum) used for transit communications.
- Appendix No. IV Technical requirements for road vehicles.
- Appendix N V Motor vehicle insurance in respect of civil liability to third parties.
- Appendix N VI Rules of transportation by road.
- Appendix N VII Regulations on customs control.
- Appendix N VIII Regulations on the Transit and Transport Coordination Council (TTCC).
In witness whereof, the undersigned representatives, duly authorized thereto by their respective Governments, have affixed their signatures to this Protocol.:
For the Government of the Islamic State of Afghanistan
For the Government of the Republic of Azerbaijan
For the Government of the Islamic Republic of Iran
For the Government of the Republic of Kazakhstan
For the Government of the Kyrgyz Republic
For the Government of the Islamic Republic of Pakistan
For the Government of the Republic of Tajikistan
For the Government of the Republic of Turkey
For the Government of Turkmenistan
For the Government of the Republic of Uzbekistan
Annex I
Maps/diagrams and prescribed road, rail and inland waterway transit routes in the territories of the Contracting Parties
(Submitted by the Contracting Parties to the Transit Transport Framework Agreement and not subject to approval by the highest ECO bodies)
Part-I Prescribed road transit routes
The road transit routes prescribed by each Contracting Party on its territory are listed below according to the existing international (or national) numbering. On each route, the border crossing points (entry/exit) are indicated by their names, as well as the names of the main district and regional cities along the route and the distances between them.
Part-II Prescribed international transit routes
The railway transit routes prescribed by each Contracting Party on its territory are mainly based on the Agreement on the Organizational and Operational Aspects of Combined Transport between Europe and Asia concluded within the framework of the Organization for Railway Cooperation (OSJD).
Route designation:
a) ACE letter designations are routes included in AGC, AGIC and the OSJD Agreement. AC - routes included in the AGIC and the OSJD Agreement. A - routes included only in the OSJD Agreement.
b) Numerical designations - the main routes are indicated by two digits; - branches from the main route by three digits or separated by fractions.
Part III Prescribed inland waterway transit routes
I. On the Caspian Sea:
1. Aktau (Kazakhstan) --- Baku (Azerbaijan)
2. Aktau (Kazakhstan) --- Makhachkala (Russia)
3. Aktau (Kazakhstan) --- Neka(Iran)
4. Aktau (Kazakhstan) --- Nowshahr (Iran)
5. Aktau (Kazakhstan)--- Amirabad (Iran, after commissioning)
6. Aktau (Kazakhstan) --- Astrakhan (Russia)
7. Baku (Azerbaijan) --- Astrakhan (Russia)
8. Baku (Azerbaijan) --- Makhachkala (Russia)
9. Baku (Azerbaijan) --- Neka (Iran)
10. Baku (Azerbaijan) --- Enveli (Iran)
11. Baku (Azerbaijan) --- Noushahr (Iran)
12. Baku (Azerbaijan) --- Turkmenbashi (Turkmenistan)
13. Neka (Iran) --- Turkmenbashi (Turkmenistan)
14. Noushahr (Iran) --- Astrakhan (Russia)
15. Noushahr (Iran) --- Makhachkala (Russia)
16. Noushahr (Iran) --- Turkmenbashi (Turkmenistan)
17. Turkmenbashi (Turkmenistan) --- Astrakhan (Russia)
18. Turkmenbashi (Turkmenistan) --- Makhachkala (Russia)
19. Turkmenbashi (Turkmenistan) --- Enveli (Iran)
20. Enveli (Iran) --- Astrakhan (Russia)
21. Enveli (Iran) --- Makhachkala (Russia)
22. Enveli (Iran) --- Aktau (Kazakhstan)
II. Rivers and canals:
1. Shipping routes along the entire length of the Irtysh River:
Ust-Kamenogorsk -- Semipalatinsk -- Pavlodar (Kazakhstan)--- Omsk (Russia)--- Tobolsk --- Khanty-Mansiysk --- Solekhard --- Kara Sea.
2. Navigation routes along the Panj and Amu Darya rivers:
Bender Sherkhan (Afghanistan)--- Nizhny Panj (Tajikistan) --- Termea (Uzbekistan) --- Mukri (Turkmenistan).
Annex II
Technical characteristics of highways (minimal) used for transit communications
Uniform (or completely harmonized) technical characteristics of highways used for transit communications are necessary for the unhindered movement of vehicles along international routes running through the territory of the Contracting Parties, ensuring safety and convenience for drivers and passengers. For the purposes of this Annex, the following provisions are established.
Article 1
1. For the purposes of this Annex, the Contracting Parties will apply the provisions of Annexes II and III to the European Agreement on International Motorways (AGR, 1975), as amended, which entered into force on 24 June 1989. The name of these Annexes is: - Conditions to be met by international motorways (Annex II, ECE/TRANS/16/AMEND.2).
- Identification and designation of E-roads (Annex III, ECE/TRANS/16/AMEND.2). 2. Countries that have not acceded to the above-mentioned Agreement may consider the possibility of joining it or will apply technical specifications prescribed for international transit transport of highways that are similar or not contradictory to those provided for in the AGR (1975) and the above-mentioned Annexes to this Agreement.
Article 2
During the construction of new international motorways and the modernization of the existing network, the relevant authorities of the Contracting Parties will strive to create conditions that would meet the interests of carriers with respect to the size, axle load and total weight of vehicles specified in Articles 4 and 5 of Annex IV (Technical Requirements for Road Vehicles) to the Transit Transport Framework Agreement. from 1998.
Article 3
The Contracting Parties may also agree on other technical specifications of the highways through the Transit and Transport Coordination Council (TTSC). to facilitate the unhindered movement of motor vehicles along international routes running through their territories.
Annex III
Technical specifications for railway transport (minimum) used for transit services
The following technical specifications for railway transport are based on the Agreement on the Organizational and Operational Aspects of Combined Transport between Europe and Asia, concluded within the framework of the Organization for Railway Cooperation (OSJD) in 1997 and which are consistent with the provisions of the European Agreement on Important International Combined Transport Lines and Related Facilities (AGTC) dated February 1, 1991 (ECE/TRANS/88).
Technical characteristics of railway lines that are important for transit and combined (multimodal) transportation
The parameters of the most important railway lines for transit and combined (multimodal) transportation are shown in Table 1 below. The set values indicated in column "A" of this table should be considered as important goals to be achieved in accordance with national railway development plans. Any deviations from these values should be considered an exception. Railway lines are divided into two categories: A) existing lines that can be upgraded if necessary, and if their modernization or adaptation causes difficulties or is impossible, then the requirements for these lines should be eased. B) new lines to be built. The parameters specified in the above table are also applied, where necessary, when transporting by rail ferries, which are an integral part of the railway network.
Table-1 Parameters of railway lines relevant for transit and combined (multimodal) transportation
------------------------------------------------------------------- ! Categories of railway ! Ah! In N ! lines !------------------------------------------ n/a!--------------------! existing lines ! ! Parameters !---------------------------! new lines ! ! In ! set to ! ! ! The present! The future! ! ! The time! ! ------------------------------------------------------------------- 1. Track size 1435 mm 1435 mm (1) 1520 mm 1520 mm (1) 1676 mm 1676 mm 2. Number of tracks 1-2 1-2 1-2 3. Loading size App. 5 OSZhD/UIC (2) OSJD/UIC (static) to SMGS "B" D (2) "C1" 4. Min. the distance of 4.0-4.8 m 4.5-4.8 m 4.5-4.8 m between the axes of the tracks 5. Estimated 40-80 km/h 90-120 km/h (3) 120 km/h (3) minimum speed 6. Extended load on the wagon axle at speeds up to 100 km/h 17.2-22.5 t 22.5t 22.5 t more than 100 km/h 20 t 20 t 22.5 t 7. The maximum slope is not 12.5 mm/m 8 is installed. Minimum 385-850 m 750-850 m 750-850 m useful length of receiving and sending tracks -------------------------------------------------------------------
(1) Has a recommendatory character (2) UIC - International Union of Railways (3) Minimum parameters for combined transport trains Note to paragraph 3 of the table: Railways with restrictions other than the loading dimensions (static) specified in Annex 5 of the SMGS shall inform the railway administrations of the Contracting Parties about this.
Note to paragraph 5 of the table: Railway administrations, when introducing temporary speed limits that differ from the values given in paragraph 5 of the above table, inform the relevant railway administrations of the Contracting Parties about this.
Explanations of some of the parameters contained in the above table
1. Number of paths
Transit and combined (multimodal) transportation lines should provide sufficient capacity and the ability to accurately follow traffic schedules. In principle, these two requirements can only be met on lines with at least two tracks, but single-track lines are allowed to be used if other parameters specified in the Agreement are met.
2. Loading size
The minimum loading size for transit and combined transport lines is shown in the figure
1. On new lines, the use of large loading sizes usually does not entail any capital investments, and therefore the UIC size C1 was adopted.
The UIC C1 dimension, in particular, allows for: a) the transportation of trucks and road trains (a truck with a trailer, an articulated vehicle, a tractor and a semi-trailer) corresponding to the European size of loading vehicles (height 4 m and width 2.5 m). In special wagons, the cargo area of which is located at a height of no more than 60 cm above the level of the rails.;
b) transportation of conventional semi-trailers with a width of 2.5 m and a height of 4 m in wagons with niches and conventional trolleys;
(c) Transportation of 180 containers with a width of 2.44 m and a height of 2.9 m on conventional railway platforms; (d) Transportation of removable bodies with a width of 2.5 m on conventional railway platforms; (e) Transportation of containers with removable bodies with a width of 2.5 m and a height of 2.9 m in appropriate wagons.
On existing lines passing through mountainous areas, there are many tunnels corresponding to the dimensions of loading, or slightly higher in height along the centerline of the track. In almost all cases, their increase to the size of UIC C1 is impossible from an economic and financial point of view.
Therefore, the UIC B dimension was chosen for existing lines, which, in particular, allows for: a) the transportation of 150 containers with a width of 2.44 m and a height of 2.9 m on railway container platforms with a floor height above the rail level of 1.18 m; b) the transportation of removable bodies with a width of 2.5 m and a height of 2.6 m on conventional railway platforms with floor height of 1,246 m; c) transportation of semi-trailers on special platforms with niches;
d) transportation of containers/removable bodies 2.6 m wide and 2.9 m high on special platforms with low floor level. Most of the existing transit and combined transport lines offer at least the UIC's size. Other lines require almost no large investments to bring them to this standard.
3. Minimum design speed
The minimum design speed is determined by the geometric characteristics of the route (curve radii), safety requirements, and braking coefficients of the rolling stock.
4. Permitted axle load
This is the permitted load per axle that railway lines designed for transit and combined transport can withstand. Such lines must withstand the movement of the most modern existing and future rolling stock, in particular: - wagons with a network load of 20 tons, which comply with the classification of UIC "C". According to the UIC decisions, the axle load of the wagon is 22.5 tons. It is accepted for speeds up to 100 km/h. The limits of the axle load of 20 tons are determined by the UIC rules.
According to the UIC rules, the specified values of axle loads are permissible with a wheel diameter of at least 840 mm.
Figure-1 Loading dimensions GA, GB, GC according to UIC brochure 506 OR (See paper version)
Operational characteristics and minimum infrastructure requirements for transportation
But. Requirements for the organization of transit and combined transportation
1. In order to ensure the efficiency and speed of traffic flows due to modern methods of production and marketing of goods, transit and combined transportation must meet the following requirements, in particular:
a) Departure/arrival should be carried out in accordance with the needs of the clientele (in particular, setting a late closing time for loading and an earlier delivery time) to ensure the regularity of services;
b) fast door-to-door transportation, high accuracy, reliable transportation times;
c) reliability and timeliness of information on transport operations, simplicity of documentation, low risk of damage;
(d) The ability to transport all types of standard containers and other cargo-carrying devices that can be transported by international road between Europe and Asia. In this regard, it is necessary to take into account the anticipated developments regarding the weight and size of load-bearing devices.
2. These requirements should be implemented by: a) increasing the speed of transportation (from the point of departure to the destination, taking into account all stops), which should correspond to or exceed the speed of transportation by road "door to door";
b) the use of non-working hours of the consignees (i.e., to carry out transportation at night) so that the goods can be delivered in the morning at the request of the clientele; c) the availability of sufficient appropriate cargo handling equipment and infrastructure capacity;
(d) The use of direct trains, if possible;
f) the implementation of organizational measures to improve the organization of transportation through the use of modern communication systems.
3. To meet the above requirements, trains and infrastructure must have a sufficient level of efficiency, i.e. meet certain minimum standards that must be met by all departments involved in the organization of transportation.
V. Operational and technical parameters of trains
4. Trains used for transit and combined transport must meet the following minimum requirements:
Table 2
------------------------------------------------------------------- Values (min.) ! ! For the future Parameters ! Currently! (as a target) ------------------------------------------------------------------- Speed 60-90 km/h 90-100/100-120 km/h Train length 365-850 m 750-850 m Train weight 600-3200 t 150-3200 t Axle load 20 t 22,5/20 t -------------------------------------------------------------------
If it is impossible to organize the movement of direct trains, then trains can be formed, if possible, from groups of wagons, when wagons of the same group must travel to the same destination. If possible, it is necessary to ensure as few stops as possible for direct trains, including at border crossings.
5. Rolling stock must meet the above requirements regarding speed and axle load, as well as be capable of transporting all types of cargo-containing devices (containers), taking into account their weight and size. 6. Trains carrying out transit and combined transportation should have the highest priority. Their travel schedule should be designed in such a way that it meets the needs of the clientele in terms of reliability and regularity of transportation.
C. Minimum requirements for railway lines
7. The capacity of railway lines intended for transit and combined transport should be sufficient to avoid downtime of trains used for these transportations. 8. The parameters recommended by OSJD/UIC should be used to improve the railway lines planned for transit and combined transport.
D. Minimum requirements for terminals
9. For efficient cargo handling at terminals, the following requirements must be met: a) the time gap between the latest time for cargo acceptance and departure of wagons, as well as between arrival and readiness of wagons for unloading, should not exceed one hour;
b) the waiting time for vehicles delivering or picking up cargo from terminals should not exceed 60 minutes;
c) the location of the terminal should be chosen in such a way that:
- it had quick and easy access from the facilities of senders and recipients of goods; - within the railway network, it had good connections to main railway lines, and for carriage of wagons in groups, good access to high-speed combined trains.
10. The following minimum requirements for intermediate stations also apply to terminals.
E. Minimum requirements for intermediate stations
11. Combined transport train stops en route for technical or operational reasons should also be used to perform tasks that will have to be performed at other stops (i.e. border control, locomotive change, etc.). The infrastructure of such intermediate stations should meet the following requirements: a) various types of tracks (receiving and shipping, marshalling, loading and unloading, access roads, wheelset changes) must have sufficient capacity to ensure the minimum duration of the necessary parking;
b) the loading dimensions of the above-mentioned tracks must correspond to the parameters of the railway lines used (UIC "B" or UIC "C1");
(c) The length of the tracks should be sufficient to accommodate full-length trains used for combined transport; (d) In the case of electric traction, the tracks should be accessible to electric locomotives (at border stations) on both sides; (e) transshipment facilities, the exchange of groups of wagons, the change of wheel sets, and the border control procedure should ensure the minimum duration of the required parking.
11.1. At the stations for the exchange of groups of wagons, the duration of stops for these operations should not exceed 180 minutes, in each case. This can be achieved through the appropriate formation of trains (for which the length of the routes should be as long as possible, including border crossings), as well as through the creation of adequate infrastructure at the exchange stations for groups of wagons.
11.2. At border crossings, combined transport trains should be non-stop whenever possible, and if stops are unavoidable, their duration should be very short (no more than 180 minutes). This should be achieved: a) by accelerating the performance of tasks normally carried out at the border, or if this is not possible, by performing it at internal points where trains are forced to stop in any case for technical, commercial and/or administrative reasons.;
b) by making only one stop, and then at joint (common) border stations. 11.3. Effective technologies in terms of time and cost savings should be developed at the wheelset and overload changing station to meet future demand. The duration of stops at such stations should be as minimal as possible. The available means for changing wheelsets or overloading should be sufficient to ensure a short duration of parking. The standards applicable to the movement of goods from wagons of a different gauge should also be applicable for transshipment in terminals.
11.4. At ferry berths/ports, the duration of stops for transit and combined transportation should be as short as possible (if possible, no more than one hour). This can be achieved through the establishment of appropriate infrastructure for ferry berths in ports and the use of appropriate ferries (see paragraph 12 below), as well as through the following measures: a) applying the measures mentioned in paragraph 11.2 above to the necessary border control requirements; (b) The coordination of ferry and railway schedules and the provision of information in advance in order to speed up the loading of ships and/or the formation of trains.
F. Minimum requirements for ferry vessels
12. Ferry vessels used for transit and combined transport must meet the following requirements:
a) their dimensions and class must correspond to the goods and wagons being transported;
b) the possibility of fast loading and unloading of ferry vessels, as well as stowage of goods/wagons in accordance with the requirements of subsequent rail transportation (separation, if necessary, of combined transportation from passenger and/or road transportation);
(c) If cargo remains in wagons during the crossing, ferry vessels should be easily accessible, thus avoiding time-consuming sorting operations. Loading size; d) axle load, etc. must comply with the requirements of OSZhD/UIC;
(e) If goods need to be transported without wagons, short and reliable motorways should be available for possible road transport between ferry and railway terminals.
Annex IV
Technical requirements for road vehicles
Article 1. Definitions
For the purposes of this Annex, the expressions used therein have the following meanings: Axle load: The actual load transferred to the road surface by all wheels of a particular axle or group of axles;
Gross weight: The actual weight of the loaded vehicle with the crew and passengers on board;
Maximum permissible weight: The maximum weight of a loaded vehicle declared as authorized by the competent authority of the State in which the vehicle is registered; Empty weight: The weight of a vehicle without crew, passengers, or cargo, but with a full supply of fuel and a set of tools usually on board.
Article 2. Acceptance of vehicles
The Contracting Parties shall allow vehicles that meet the technical requirements applicable in the territories of the other Contracting Parties in which they are registered and have Certificates of Compliance or a similar document issued by the competent authority in the country of registration.
Article 3. Adaptation of vehicles to transit traffic under customs control
Vehicles intended for international road transport of goods in accordance with this Annex must be constructed in such a way as to meet the technical requirements set out in Annex 2 to the Customs Convention on the International Carriage of Goods under Cover of TIR Carnets (TIR Convention) of 1975.
Article 4. Maximum axle loads and gross weight vehicles
1. The maximum permissible axle loads in the territories of the Contracting Parties are:
------------------------------------------------------------------- ! Currently! A task for the future ------------------------------------------------------------------- a) For single axle 6-12 tons 10-13 tons b) For double axle 10-22.5 tons 16,5-20 tons c) For integrated axle 13-33 tons 22-30 tons d) Gross weight 36-40 tons 40-42 tons -------------------------------------------------------------------
a) This task can be completed within the time frame set out in the Action Plan for the Decade of Transport and Communications in the ECO Region (1998-2007).
b) If one or more Contracting Parties are unable to ensure the fulfillment of this task by the end of the aforementioned Decade, they should take such measures as would ensure that the carrier could move goods to the recipient in transit of goods under customs control.
2. For practical use, the maximum permissible axle loads established by the domestic legislation of the Contracting Parties are shown in Table 1.
3. If any Contracting Party intends to change the standard of the maximum permissible axle load, it must inform all Contracting Parties about it, officially, through diplomatic channels, as well as the Transit and Transport Coordination Council (TTCC) at least two months before the start of the introduction of the new standard.. Otherwise, any claims of the Contracting Party that has changed the standard will be invalid until three months have elapsed from the date of entry into force of the new standard.
Article 5. Maximum dimensions of vehicles
The dimensions of the vehicles used for the transit transportation of goods must not exceed:
------------------------------------------------------------------- ! Currently! A task for the future ------------------------------------------------------------------- Width: 2.50 meters (on the territory of 2.50 meters Pakistan - 2.75 m) In height: 4,00 meters 4-4.50 meters In length: - with a rigid base: 11-12 meters -- - with semi-trailer: 17.4 meters -- - road trains: 18-20 meters 24 meters -------------------------------------------------------------------
Table 1
Maximum permissible axle loads operating in the territories of the Contracting Parties in accordance with their domestic legislation
------------------------------------------------------------------- N !The negotiators! The maximum allowed ! As much as possible ! sides ! loads ! acceptable ! ! ! Gross weight! ! ! (in tons) ! !-----------------------------! ! !For the audience-!For doubles-!For vst-! ! !night !No axis!Swarm! ! !axes (in !(in tons) !axes (in ! ! !tons) ! !tons) ! ------------------------------------------------------------------- 1. Afghanistan 10.0 16.0 22.0 36.0 2. Azerbaijan 10.0 16.0 22.0 36.0 3. Iran 13.0 20.0 26.0 40.0 4. Kazakhstan 8.0 13.2 18.8 36.0 5. Kyrgyzstan 10.0 16.0 22.0 36.0 6. Pakistan 12.0 22.5 33.0 40.0 7. Tajikistan 8.0 14.0 22.0 36.0 8. Turkey 10.0 16.0 22.0 40.0 9. Turkmenistan 6.0 10.0 13.0 36.0 10. Uzbekistan 8.0 16.0 24.0 40.0 -------------------------------------------------------------------
Appendix V
Insurance of motor vehicles in respect of civil liability to third parties
The Contracting Parties recognize that motor vehicle insurance in respect of civil liability to third parties is a very important and necessary element in the organization of international road transport. For the purposes of this Annex, the following provisions are established.
Article 1
The Contracting Parties, for the purposes of this Annex, will apply to each other the provisions of a Single Agreement between the Bureaus responsible for the management and implementation of operations under the International Insurance System using the "Green Card".
Article 2
The Contracting Parties that are not parties to the International Green Card Insurance System will take the necessary steps to sign the above-mentioned Agreement.
Article 3
1. The Contracting Parties, for the purposes of this Annex, will use a temporary insurance scheme for motor vehicles with respect to civil liability to third parties until all Contracting Parties have joined the International Insurance System with the application of the "Green Card".
2. The procedure and terms of implementation of this temporary insurance scheme are determined by the Insurance Subcommittee of the Transit and Transport Coordinating Council.
3. From the moment of entry into force of this Agreement, each of the Contracting Parties undertakes to identify, within three months, a specific national insurance company or other specialized organization authorized to participate in the proposed temporary insurance scheme as the National Motor Vehicle Insurance Bureau.
Article 4
The Insurance Subcommittee of the Transit and Transport Coordination Council consists of two representatives from each of the Contracting Parties: from the insurance supervisory authority and the organization performing the functions of the National Bureau of Motor Vehicle Insurance (authorized insurance company).
The terms of reference of the specified Insurance Subcommittee include:
a) Determination of insurance rates and preparation of regulations on the procedure for obtaining insurance indemnities and payment of claims (for property damage and personal injury);
b) Preparation of a draft multilateral insurance agreement between the Contracting Parties and its monitoring after signing;
(c) Preparation of an insurance policy intended for motor vehicle insurance in respect of civil liability to third parties; (d) Consideration of proposals and comments received from the Contracting Parties, submission of controversial issues to the Transit Transport Coordination Council, coordination of draft necessary documents with the Governments of the Contracting Parties;
(e) Consideration of any other insurance issues to facilitate the implementation of the provisions of the Transit Transport Framework Agreement.
Article 5
In pursuance of the provisions of the above articles, the Contracting Parties will take the following measures::
a) undertake to require an insurance company or companies established in their territory and insuring motor vehicles in respect of civil liability to third parties to ensure a minimum level of insurance coverage at the level determined by the agreements of the Contracting Parties;
(b) To harmonize the domestic legislation necessary to comply with the provisions of this Annex, and (c) to authorize the transfer of funds to compensate the amount paid by the national bureaux of other Contracting Parties in accordance with the provisions of the International Green Card Insurance System.
Article 6
The proposals prepared by the Insurance Subcommittee are submitted to the Transit and Transport Coordination Council (TTCC) for approval.
Annex VI
Rules of transportation by road
Section I Organization of international cargo transportation
Article 1 International carriage of goods
The international carriage of goods by road between the Contracting Parties to the Transit Transport Framework Agreement is carried out in accordance with the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) of May 19, 1956 and its Protocol of July 5, 1978 (Geneva). If the States are not parties to the above-mentioned Convention, they cannot provide the appropriate conditions to the carriers of the Contracting Parties to the Transit Transport Framework Agreement.
Section II Organization of international passenger transportation
Article 2 Passenger ticket
1. A passenger ticket is a contract of carriage in accordance with international law.
2. When transporting passengers, the carrier must issue individual and collective tickets.
3. The name of the carrier must be indicated on the ticket, as well as that the contract is subject to the provisions of these Rules, despite any reservations to the contrary. The name and authenticity of the passenger must also be indicated on the ticket.
4. The absence, incorrect registration or loss of the ticket does not affect the existence or validity of the contract of carriage, which continues to be governed by the provisions of these Rules. In case of absence, incorrect filling or loss of the ticket, the passenger shows and certifies his identity to the contracting party who issued the ticket in order to continue to remain in the transportation contract.
Article 3 Baggage check-in
If the passenger wishes to check in his baggage, and the carrier accepts it, the carrier may issue, and at the passenger's request, possibly in combination with the ticket, a baggage check-in receipt or any other similar document indicating the number of seats and the nature of the baggage handed over to him and its advertised value.
Article 4 Liability for bodily injury passengers
1. The carrier is liable for loss or damage resulting from death or bodily injury, including serious, resulting in disability or mental health disorder of the passenger, if the incident that caused this damage is related to transportation and took place either while the passenger was on the vehicle, or during its boarding and disembarkation, or in connection with loading or baggage claim, and is due to the error or negligence of the carrier or persons responsible for for whom he is responsible, such as agents, servants and other persons whose services he has resorted to in order to fulfill his obligations under the contract of carriage, when such agents, servants and other persons act within the limits of their official duties, as if they were his own actions or omissions. Such error or negligence is presumed, in the absence of evidence to the contrary, if death or bodily injury or complete dismemberment and/or permanent complete disability, or mental health disorder of the passenger is caused by/or in connection with a collision, explosion or fire.
2. The carrier is liable for the loss or damage specified in paragraph 1, if this loss or damage is caused:
(a) As a result of a malfunction in the vehicle or its equipment; or
b) the alleged error or negligence was committed by the person from whom the carrier hired the vehicle, or by the persons for
which that person, if he were the carrier himself, would be liable for in accordance with paragraph 1. 3. In order to ensure compliance with the provisions of paragraphs 1 and 2 above, the carrier is obliged to insure passengers.
Article 5 Liability for loss or damage of baggage
1. The passenger must declare the value of his baggage when handing it over to the carrier. When executing this act, the carrier is liable in case of total or partial loss or damage to baggage, if it occurred during transportation and is the result of an error or negligence of the carrier or persons for whom he is responsible. Such error or negligence is presumed, in the absence of evidence to the contrary: a) if the loss or damage to baggage occurred due to/or in connection with a collision, explosion or fire; or b) if such baggage has been transferred to the carrier: from the moment he assumes responsibility until the moment it is either exported by a person entitled to do so, or deposited in accordance with the terms of the contract.
2. The provisions of subparagraph (b) of paragraph 1 of this article shall not apply to motor vehicles carried on other vehicles, nor to baggage carried on such vehicles.
3. The carrier is liable for the loss or damage of baggage referred to in paragraph 1, if such loss or damage:
(a) caused by a malfunction in the vehicle or a malfunction of its equipment; or (b) the alleged error or negligence was committed by the person from whom the carrier hired the vehicle, or by persons for whom that person, if he himself were the carrier, would be liable under paragraph 1.
Article 6 Amount of compensation for bodily injuries passengers
The total amount of compensation for bodily injuries of passengers, which may be claimed from the carrier for payment for bodily injuries or death of passengers, is determined by the national legislation of the Contracting Parties, unless otherwise provided by the condition of the contract of carriage between the parties.
Article 7 Amount of compensation for loss or damage of baggage
According to these Rules, the carrier is responsible for compensation for damage caused by total or partial loss or damage to baggage. Compensation for damage may be claimed in an amount equal to the amount of loss or damage, but this amount may not exceed the baggage value previously stated by the passenger, and if there was none, the amount of compensation is calculated in accordance with the national legislation of the country in which the carrier's liability occurred, but not less than 5 US dollars for each kilogram of lost baggage. and damaged luggage.
Article 8 Reimbursement of court and other costs
The amounts of compensation provided for in articles 6 and 7 of these Rules do not include court and other costs incurred by the parties in defending their rights, the reimbursement or payment of which may be required from the carrier, as well as interest calculated in accordance with the law, if the court or tribunal examining the case considers it applicable.
Annex VII
Regulations on customs control
Section 1. General provisions
Article 1. Applicable terms
For the purposes of these Regulations and in addition to the definitions contained in article 1 of the Transit Transport Framework Agreement, the following basic terms apply:
Customs authorities: A government agency responsible for enforcing customs legislation and collecting import and export duties and taxes, as well as for applying other laws and regulations related to, among other things, the import, export and transit of goods.
Customs security: a method of customs identification of goods, vehicles and other places capable of holding goods, carried out by the customs authorities by applying seals, seals, applying digital, letter and other markings, identification marks, stamps, descriptions of goods, photographs, the use of shipping and other documentation.
Transit of goods under customs control: a customs procedure according to which goods are transported under customs control through the territory of the Contracting Parties from the Customs office of departure to the Customs office of destination.
Declarant: a natural or legal person who signs a cargo customs declaration for the transit of goods under customs control, or on whose behalf this Declaration is signed.
Cargo customs declaration for the transit of goods under customs control: a statement of the prescribed form, by which interested persons declare the cargo for its transit under customs control and fill in the details that the customs requires to declare for its transit of goods under customs control.
Customs office of departure: any Customs office of a Contracting Party where the transit of goods under Customs control begins. Customs office en route: any Customs office of a Contracting Party through which a vehicle or container passes during the transit of goods under Customs control.
Customs office of destination: any Customs office of a Contracting Party where the transit of goods under customs control is completed.
Article 2. Scope of application
The provisions of this Annex apply to goods, as well as to vehicles that the Customs authorities can effectively seal, or to non-sealed vehicles following Customs control: a) shipped from the territory of one Contracting Party with a destination in a third country through the territory of one or more Contracting Parties; b) shipped from the territory of a third country with a destination in the territory of one of the Contracting Parties through the territory of one or more Contracting Parties; and c) shipped from the territory of one Contracting Party with a destination in the territory of the other Contracting Party through the territory of one or more Contracting Parties.
Article 3. Duties and taxes on transit of goods under customs control
1. The Contracting Parties agree, in accordance with their national legislation, to allow the temporary importation of materials for the maintenance and restoration of vehicles, as well as for equipment and parts that are used during repair or maintenance as spare parts for equipment and parts embedded or used on a vehicle that have already been temporarily imported into the territory of their States.. A warranty and a temporary import document may be required for such parts and equipment. 2. The Contracting Parties also agree to exempt from payment of import duties and taxes on the following: fuel and lubricants contained in standard containers of vehicles upon arrival; spare parts, accessories and equipment, i.e. special equipment for loading, unloading, moving and protecting cargo, which are part of the vehicle. 3. Goods transported under financial security of guaranteeing associations or using the TIR Carnet of the Customs Convention of 1975 are not subject to any unreasonable delays or restrictions and are exempt from Customs duties and taxes. 4. The guaranteeing associations of the Contracting Parties undertake to pay import or export duties and taxes and related fees payable in accordance with the customs legislation and regulations of the country in which the wrong actions were committed.
Article 4. Routes for customs transit
The Contracting Parties guarantee that the transit routes presented by them and compiled in the Annex to the Framework Agreement on Transit Transport can be used for transit of goods under customs control in their territories.
Article 5. Opening hours and competence of border customs offices on transit of goods under customs control
1. For the purposes of this Annex, the relevant Customs services located at the common border operate in accordance with the daily schedule agreed upon by the Contracting Parties. 2. The Contracting Parties shall authorize their respective border customs services to carry out the Customs formalities provided for in respect of all goods transited under Customs control in accordance with the provisions of this Annex.
Article 6. Cargo customs declaration for transit of goods
1. When sending goods by any type of transport in international traffic, the Contracting Parties shall issue cargo customs declarations. 2. In cases where transit transport is carried out in accordance with the TIR Convention of 1975, TIR Carnets are used for the Cargo Customs declaration, with the exception of countries that are not parties to this Convention. 3. When sending goods to and from such countries, the Contracting Parties will use national Customs declarations and waybills indicating the data provided in Appendix 1 to this Annex. 4. In addition to the data included in the bill of lading, it should also contain information about intermediate departure points (the route that the cargo should follow from the place of departure to the destination), as well as data on the net weight of the cargo necessary for proper inspection and assessment of the volume of transit operations.
Article 7. Customs security
1. Customs seals, seals and fasteners used for the transit of goods under customs control must comply with the minimum requirements set out in Appendix 2 to this Annex. 2. Customs seals, seals and fastenings established by the Customs authorities of other Contracting Parties or a third country and complying with the requirements of Appendix 2 shall be accepted for the purposes of this Annex. The Contracting Parties, in cases where they consider such foreign customs security to be insufficient or unreliable, or in cases where their Customs authorities have inspected the goods, reserve the right to affix their own seals, seals and fasteners. 3. The Contracting Parties shall provide each other with samples of customs seals, seals and fasteners that are used for the purposes of transit of goods under customs control.
Article 8. Technical requirements for sealed vehicles
1. Vehicles intended for transportation under Customs seals and seals in accordance with this Annex shall be designed and equipped in such a way that: a) customs seals and seals can be applied in a simple and reliable manner; b) goods cannot be removed from/or placed in a sealed part of the vehicle without leaving visible traces of damage or disruption. customs seals and seals; c) there were no hidden places in which goods could be hidden.; (d) All places in which goods can be placed are readily accessible for Customs inspection; and these vehicles must be approved for the carriage of goods under Customs seals in accordance with paragraph 2 of this Article. 2. The Contracting Parties undertake to accept vehicles approved by the competent authorities of other Contracting Parties without any additional inspections, as well as vehicles approved in accordance with international documents that specify the necessary technical requirements and approval procedures for vehicles intended for the international carriage of goods under Customs seals.
Article 9. Special technical requirements to non-printable vehicles
1. Vehicles that are not sealed by the customs authorities for the transit of goods under customs control, in accordance with this Annex, are designed and equipped in such a way that they do not contain any places or recesses where goods could be hidden. 2. All places where goods may be hidden must be accessible for customs inspection. 3. Goods/items subject to high taxation in the Contracting Parties should not be allowed to transit in non-sealed vehicles. 4. Goods/items transported in non-sealable vehicles must be of the same grade and in standard packages so that vehicle inspection is feasible and less burdensome. 5. Goods transported in accordance with this Agreement in non-sealed vehicles are subject to mandatory customs inspection at the points of entry and exit of the Contracting Parties in order to prevent customs fraud/illegal actions.
Section 2. Mutual administrative assistance
Article 10. Provision of information
The Customs authorities of the Contracting Parties, upon request, promptly transmit to each other: a) messages regarding completed and accepted cargo customs declarations in their territories, in respect of which there are doubts about their authenticity; b) information enabling the verification of the authenticity of seals and seals, in respect of which it is claimed that they were imposed on their territories.
Article 11. Notification of inaccuracies
1. The Customs authorities of the Contracting Parties shall promptly and without delay notify each other of any serious error in the cargo Customs declaration or any other serious inaccuracies discovered in connection with transit transport in accordance with the provisions of this Annex, so that the matter can be investigated, duties and taxes due collected, and the recurrence of such cases prevented. circumstances. 2. In the event of a false declaration/illegal actions or damage to customs seals, seals, etc., liability must be determined by the relevant Customs authorities of the Contracting Parties in accordance with the national legislation of the State where the violation was detected.
Section 3. Warehouse facilities
Article 12. Storage permit transit cargo
The Contracting Parties, in accordance with the national legislation of their States, allow the storage of goods on the territory of their States, shipped from/or intended for shipment to the territory of other Contracting Parties, either in a temporary warehouse or in a customs warehouse where such storage is necessary either after or before transit transportation or at any stage of such transportation. for example, at a border checkpoint, for a period sufficient for these goods to be shipped to their final destination in a third country. In turn, the Contracting Parties shall provide storage facilities equipped with all necessary facilities, including fire protection and cargo security.
Article 13. Operations permitted with respect to stored goods
1. For goods placed in a customs warehouse, the usual operations necessary to keep them in proper condition are allowed. Such operations, with permission and under customs control, include cleaning, dust removal, crushing batches, forming shipments, loading and unloading, sorting and repairing or replacing damaged packaging, as well as airing, drying, creating conditions for optimal temperature storage, applying protective lubricants and preservatives, anti-corrosion coating, before they begin. dispatches. 2. The usual operations necessary to facilitate their removal from the place of storage and further transportation are also allowed for cargo. Such operations with permission and under customs control include stacking, weighing and labeling, as well as transshipment, simple operations related to retrofitting or bringing into working order, moving within the customs warehouse for the purpose of rational placement.
Article 14. Documents for warehousing
Upon arrival at the warehouse, the goods are accepted for temporary storage using a commercial or transport accompanying document, for example, a cargo manifest, a multimodal transport document, a bill of lading, an air waybill, or a cargo customs declaration for the transit of goods under customs control. Goods placed in a customs warehouse must comply with national Customs requirements regarding warehousing.
Section 4. Other provisions
Article 15. Priority of certain shipments
At any Customs office where customs clearance of transit goods transported under customs control is carried out, the Contracting Parties give priority to customs clearance of shipments containing live animals, perishable goods and other urgently needed goods for which rapid transportation is a prerequisite.
Article 16. Accidents
Accidents and other unforeseen events occurring on the route of transit of goods under customs control are reported to the customs or other competent authorities located in the vicinity of the accident or other unforeseen event, which certify what happened.
Article 17. Loss or loss of goods
1. The Contracting Parties shall grant exemption from payment of normally accrued import duties and taxes in cases where it has been convincingly proven to the customs authorities that goods shipped from/or to the territory of another Contracting Party in transit of goods under customs control have been destroyed or irretrievably lost due to an accident or force majeure, or there is a shortage in by virtue of the very nature of the cargo. The declaration of the value of the goods in the consignment note should be mandatory for assessing the amount of duties / taxes in the event of destruction (destruction) of the goods. The evidence of the Customs authorities must be in accordance with the domestic legislation of the Contracting Parties. 2. The remnants of such goods can be: a) exported back to the country of origin, or b) destroyed or rendered unusable under customs control without incurring revenue costs, or c) with the consent of the customs authorities, they can be transferred to the treasury without any financial consequences.
Article 18. Transportation of dangerous goods
Transportation of dangerous goods is carried out in accordance with the domestic legislation of the Contracting Parties.
Article 19. Review of the implementation of the regulations this Application
Representatives of the Customs administrations of the Contracting Parties (members of the ECO Committee on Transit Trade) meet at least once a year or at the request of a Contracting Party or the Transit and Transport Coordination Council to monitor the implementation of the provisions of this Annex.
Appendix 1 to Annex VII
Features of the bill of lading
1. The bill of lading contains the following features: a) the date of the bill of lading and the place of its discharge; b) the name and address of the sender; c) the name and address of the transport operator; d) the place and date of acceptance of the goods and the place of its destination; e) the name and address of the recipient; f) the general description of the goods and the method of packaging and in the case of dangerous goods and their recognition as suitable for delivery; g) the number of packages and special labeling and numbering; h) the gross weight of the goods and their volume; i) transportation fees (transportation, fees, additional fees, customs duties and other charges from the time of delivery); j) necessary instructions for customs and other formalities; k) a statement stating that transportation is carried out under the terms of this Agreement, despite any article to the contract. 2. If necessary, the bill of lading contains the following features: a) a statement stating that overloading is prohibited; b) fees that the sender undertakes to pay; c) the amount of the "cash on delivery"; (d) A declaration of the value of the goods and the amount of particular interest upon delivery; (e) Instructions from the sender to the transport operator regarding the insurance of the goods; (f) Agreed terms of carriage of the goods; (g) a list of documents submitted to the transport operator. 3. The Parties may, if they wish, add other features to the consignment note, if they consider it appropriate.
Appendix 2 to Annex VII
Minimum requirements for Customs seals, seals and their fastenings
Customs seals, seals and fasteners must meet the following minimum requirements: 1. General requirements regarding seals, seals and their fastenings: a) Must be strong and durable; b) Must be easily and quickly applied; c) Must be easily checked and identified; d) It must be impossible to remove without compromising the integrity or leaving visible traces of tampering; e) Must not be reusable; f) Should be as difficult as possible to copy or counterfeit. 2. The physical characteristics of the seals and seals are as follows: a) The shape and size of the seals and seals should be such that any identifying marks can be easily read; b) Each eye of the seal should be sized to match the size of the fastener used and should be installed so that the fastener is firmly held in place when the seal is sealed.; c) The material used must be strong enough to prevent accidental breakage, premature loss of its qualities (due to weather conditions, exposure to chemicals, etc.) and have the properties of being able to detect attempts to open them. 3. Identification marks: Seals, seals or fasteners must be marked appropriately so that: a) it is visible that this is a customs seal using the word either "Customs" or "Customs"; (b) It was clear which country had applied the seals, preferably by using a sign used to indicate the country of registration of a vehicle intended for international communications; (c) It was possible to identify the Customs service that had applied the seal or whose authority had applied it, using, for example, code letters or numbers.
Annex VIII
Regulations on the Transit and Transport Coordination Council (TTSC)
Article 1 Powers and composition of the TTCC
1. The Transit and Transport Coordination Council is responsible for achieving the objectives of the Transit Transport Framework Agreement (TTFA). It monitors, ensures the implementation and coordinates transit traffic issues between the Contracting Parties. 2. The Transit and Transport Coordination Council consists of the Chairmen of national interdepartmental commissions for border crossing and international transportation assistance or high-ranking representatives of the Contracting Parties dealing with transit transportation issues. 3. The Council may establish its own subsidiary bodies, on which it may rely in the performance of its functions, in order to achieve the objectives of the Transit Transport Framework Agreement.
Article 2 Objectives and functions of the Council
1. The Council considers issues related to the settlement of transit and transport issues in the context of the Transit Transport Framework Agreement: a. Examines all issues related to cooperation in the field of transit transport, the solution of which the Contracting Parties have agreed to facilitate; b. Seeks ways to reach agreement between the Contracting Parties on issues related to regional projects aimed at improving transit conditions in the territories of the Contracting Parties; c. Formulates general principles and regulations governing transit traffic between the Contracting Parties; d. Ensures a uniform interpretation and application of the provisions of the Agreement and its annexes; e. Considers measures aimed at adapting the Agreement to new needs and technological developments; f. Cooperates with other international organizations dealing with transit and transport issues.
Article 3 Meetings of the Council
1. The Transit and Transport Coordination Council meets at least once a year. 2. At the request of any Contracting Party sent through the Secretariat, the Transit and Transport Coordination Council and its subsidiary bodies may hold extraordinary meetings. 3. The chairmanship of the Transit and Transport Coordination Council and its subsidiary bodies is carried out alternately from among the members of these bodies on an annual basis. 4. Regular meetings of the Transit and Transport Coordination Council are convened in turn in each of the Contracting Parties, which ensures the organization of the meeting and the reception of its participants at its own expense. Extraordinary meetings are held by agreement in any of the Contracting Parties on similar terms mentioned above. 5. The Chairmen of the Transit and Transport Coordination Council and its subsidiary bodies also perform their functions during the inter-sessional periods until the next chairmen assume their functions. 6. The functions of the TTSC Secretariat and its subsidiary bodies are performed by the ECO Secretariat.
Article 4 Decisions of the Council and its subsidiary bodies
1. Decisions of the Transit and Transport Coordination Council are made by consensus. If it is impossible to reach consensus and if it is impossible for any Contracting Party to accept the majority opinion, either the Transit and Transport Coordinating Council or one of the Contracting Parties may request a settlement of the issue through arbitration in accordance with the provisions of Articles 37-39 of the Transit Transport Framework Agreement. 2. Decisions of the Council's subsidiary bodies are taken by consensus and must be approved by the Transit and Transport Coordination Council. If it is impossible to reach a consensus, the decision of the issue is transferred to the Transit and Transport Coordinating Council. The copy is correct Advisor to the Ministry of Foreign Affairs of the Republic of Kazakhstan
President
Republic of Kazakhstan
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