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

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The Law of the Republic of Kazakhstan dated December 30, 1999 No. 27

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on International Road Transport of Passengers and Goods, concluded in Bonn on November 26, 1997.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on International Road Transportation of Passengers and Cargo

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 1, art. 6) (Entered into force on January 18, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 181)

The Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany, guided by their desire to regulate and develop international road transportation of passengers and cargo, have agreed as follows:

Part 1 Scope of application

Article 1 This Agreement regulates, in accordance with the domestic legal norms of the Contracting Parties, the carriage of passengers and goods in international road transport between the Republic of Kazakhstan and the Federal Republic of Germany and transit through these States by carriers authorized to carry out such transportation on the state territory of their State.

Part 2

Passenger transportation  

Article 2 (1) The carriage of passengers in the context of this Agreement means the carriage of passengers and their luggage on buses at their own expense or at the expense of third parties. This also applies to non-passenger runs that are associated with such flights. (2) Buses are considered to be vehicles that, by their design and equipment, are suitable and designed to carry more than nine people (including the driver).  

Article 3 (1) Regular transportation is considered to be the regular transportation of passengers along a certain route according to pre-established and published timetables, transportation tariffs and conditions of transportation, according to which passengers can board and disembark at previously established stopping points. This is also valid for flights that will mostly be operated as scheduled services. (2) Regular transportation in bilateral or transit traffic requires the permission of the competent authorities of both Contracting Parties. The permit will be issued by mutual agreement in accordance with the applicable legal regulations of the relevant Contracting Party. The permit may be issued for a period of up to five years. (3) Changes to flight routes, stopping points, timetables, freight charges and conditions of carriage require the prior consent of the competent authorities of both Contracting Parties. (4) Applications for the opening of regular transportation, as well as applications under paragraph 3, should be submitted in advance to the competent authority of the Contracting Party in whose State territory the carrier has its headquarters. These statements, with the conclusion of the Ministry of Transport of this Contracting Party, should be sent directly to the Ministry of Transport of the other Contracting Party. (5) Statements in accordance with paragraphs 3 and 4 must include the following information: 1. First and last name or company name, as well as the full address of the carrier; 2. Type of transportation; 3. The stated validity period of the permit; 4. Working hours and number of flights (for example, daily, weekly); 5. Timetable; 6. Exact route (stops for passengers boarding and disembarking /other stops/border checkpoints); 7. The length of the route in kilometers: round trip / round trip; 8. The length of the run in one day; 9. The time spent by the driver at the wheel and the time of the rest break; 10. The number of seats in used buses. 11. The amount of the transportation fee and the conditions of transportation.  

Article 4 (1) Irregular transportation is transportation that is not regular transportation in accordance with paragraph 1 of Article 3. (2) Irregular transportation in bilateral or transit traffic requires the authorization of the competent authorities of the other Contracting Party, respectively. The application for a permit is sent through the competent authority of a Contracting Party to the competent authority of the other Contracting Party and must be submitted no later than four weeks before the carriage. (3) In case of irregular transportation, it is prohibited to put passengers on or off buses on the road, except in cases where this is permitted in accordance with paragraph 2. (4) Statements under paragraph 2 must include, in particular, the following information: 1. First and last name or company name, full address of the carrier, as well as, if necessary, the trip organizer who ordered the transportation; 2. Purpose of the trip (description); 3. The state in which the tour group is being formed; 4. The starting and ending points of the trip, as well as the country of origin of the tour group; 5. The route of the trip, indicating the border checkpoints; 6. The dates of the round trip, indicating whether the round trip should take place with or without passengers; 7. Drivers' driving time and rest break time; 8. Distinctive registration plates and the number of seats in used buses.

 Article 5 Permits issued in accordance with Article 3, paragraph 2, Article 4, paragraphs 2 and 3 may be used only by those carriers to whom they were issued. They may not be transferred to other carriers or, in the case of irregular shipments, used for vehicles other than those specified in the permit. The permit does not grant the right to transport passengers between two points located on the state territory of the other Contracting Party (prohibition of cabotage). As part of a regular service, a carrier that has been granted a permit may use subcontracting transport companies from the Republic of Kazakhstan or the Federal Republic of Germany. They must have this official permit with them.

 Part 3 Cargo transportation  

Article 6 For transportation between the State territory of the Contracting Party where the vehicle used is registered and the State territory of the other Contracting Party (two-way communication), as well as in transit traffic through the State territory of one of the Contracting Parties, carriers must have for each transportation a permit from the competent authority of that Contracting Party, with the exception of transportation specified in Article 8.  

Article 7 (1) A permit is issued to the carrier. It is valid only for himself and is not transferable to a third party. (2) A permit is required for each truck and for each tractor vehicle. It is valid simultaneously for the trailer or semi-trailer following it, regardless of the place of its registration. (3) The permit is valid in two-way and transit traffic for any number of trips within the time specified in it (a permit for a certain period) or, respectively, for one or more round trips within the time period specified in the permit (a travel permit). (4) Transportation from the State territory of another Contracting Party to a third State and back is permitted with the permission of the competent authority only when this usual route will pass through the state territory of the country where the vehicle is registered. (5) Carriers of one Contracting Party are prohibited from transporting goods between two points located on the State territory of the other Contracting Party (cabotage). (6) For cargo communication performed in accordance with this Agreement, transportation documents are required, the form of which must comply with a generally accepted international model.  

Article 8 (1) Permits are not required for transportation: 1. Items or materials intended solely for advertising, training, fairs and exhibitions; 2. Equipment and accessories for theatrical, musical, cinematographic, sports and circus events, as well as for recording radio broadcasts, filming and television filming; 3. Damaged vehicles (return delivery); 4. Corpses, urns with ashes of the dead; 5. Goods on motor vehicles, the maximum permissible total weight of which, including the total weight of the trailer, does not exceed six tons or the maximum permissible payload of which, including the payload of the trailer, does not exceed three and a half tons; 6. Medicines, medical equipment and equipment, as well as other items intended to assist in emergency situations emergency situations (especially natural disasters); 7. Live animals; 8. Movable property during resettlement (household furniture and utensils); 9. Postal items. (2) Permits are not required for the transportation of new empty trucks from the manufacturer's factory intended for entrepreneurs in one of the States. (3) The Mixed Commission established in accordance with Article 15 may also exempt other types of transport from the obligation to obtain a permit.  

 Article 9 (1) Permits required for carriers of the Republic of Kazakhstan will be issued by the Federal Ministry of Transport of the Federal Republic of Germany and transferred to carriers by the Ministry of Transport and Communications of the Republic of Kazakhstan or its authorized bodies. (2) Permits required for carriers of the Federal Republic of Germany will be issued by the Ministry of Transport and Communications of the Republic of Kazakhstan and transferred to carriers by the Federal Ministry of Transport of the Federal Republic of Germany or its authorized bodies.

Article 10 (1) The Joint Commission established pursuant to Article 15 shall determine, taking into account the volume of foreign trade and transit traffic, the number of permits granted annually and free of charge to each of the Contracting Parties. (2) If necessary, the number of permits may be changed by mutual agreement. (3) The content and form of the permits shall be determined by the Joint Commission.  

 Part 4 General provisions

Article 11 (1) The permits required under this Agreement, as well as control and other transportation documents, must be carried in the vehicle during all trips regulated by this Agreement and, upon request, presented to representatives of the competent control authorities for verification. (2) Control and transportation documents should be completed in full before starting the trip. (3) When the dimensions or weight of a motor vehicle traveling without cargo or with cargo exceed the standards established in the territory of the other Contracting Party, the carrier must obtain a special permit from the competent authorities of the other Contracting Party. (4) In the case where the carriage of dangerous goods requires a special permit, the carrier must obtain this special permit from the competent authorities of the other Contracting Party.

Article 12 (1) Carriers of each Contracting Party are obliged to comply with all legal regulations governing the activities of transport and road traffic in force on the State territory of the other Contracting Party, as well as the Customs regulations currently in force. (2) In the event of serious or repeated violations by the carrier or its drivers of the legal norms in force on the State territory of the other Contracting Party or the provisions of this Agreement, the competent authorities of the Contracting Party on whose State territory the vehicle is registered shall, at the request of the Contracting Party on whose State territory the violation was committed, take one of the following measures: 1. Require the responsible carrier to comply with the applicable rules (warning); 2. Temporary prohibition of transportation in accordance with this Agreement; 3. Termination of the issuance of permits to the responsible carrier or withdrawal of an already issued permit for the period for which the competent authority of the other Contracting Party has suspended this carrier from transportation. (3) A measure pursuant to sub-paragraph 2 of paragraph 2 of this Article may also be taken directly by the competent authority of the Contracting Party in whose State territory the violation was committed. (4) The Ministries of Transport of both Contracting Parties shall notify each other of the measures they have taken.

 Article 13 The protection of transferred data relating to certain persons is guided by the following provisions, taking into account the legal provisions applicable to each Contracting Party: 1. The use of this data is permitted only for the specified purpose and subject to the conditions prescribed by the authority transmitting this data; 2. The transmitting authority is informed about the application of the transmitted data and the results obtained with their help upon its request; 3. Data related to certain persons is allowed to be transferred exclusively to the police and border guard authorities. Their further transfer to other authorities is allowed only after obtaining the prior consent of the authority transmitting this data; 4. The transmitting authority is responsible for the accuracy of this data. Moreover, this authority is obliged to comply with the requirements of necessity and proportionality in connection with the purpose of such transfer, as well as the prohibitions on data transfer in force under national legal regulations. If it turns out that incorrect data has been transmitted or data that should not have been transmitted, then this should be immediately reported to another authority. This body is obliged to correct the incorrect data or destroy it or destroy the data prohibited for transmission. 5. Upon request, the person whose data has been transferred must be provided with a certificate of the information available about him, as well as the intended purpose of its use. The provision of such a certificate may be refused if there is a prevailing State interest in refusing to provide the said certificate. The right to obtain a certificate is otherwise governed by national legal norms. 6. When transmitting the data, the transmitting authority shall indicate the time limits for their destruction in accordance with the laws of its country. 7. When transmitting and receiving data related to a particular person, both authorities register this in the documentation. 8. Both bodies ensure effective protection of the transferred data related to a particular person from unauthorized access to them, from modification and disclosure.

Article 14 (1) The Contracting Parties agree that, for transport in the context of Article 1, they will promote the use of vehicles characterized by low levels of noise and harmful substances in exhaust gases and equipped with modern safety equipment. (2) The details will be additionally agreed upon by the Joint Commission in accordance with Article 15.

 Article 15 (1) In order to implement this Agreement and discuss related issues, a Joint Commission will be established from representatives of the Ministries of Transport of both Contracting Parties with the participation of other experts. (2) Meetings of the Joint Commission shall be held, if necessary, on the proposal of the competent authorities of one of their Contracting Parties. (3) The Joint Commission, if necessary, shall develop, with the participation of other competent authorities, proposals to amend or bring this Agreement into line with the development of communication, as well as with the amended legal norms.

 Article 16 When carrying out transportation on the basis of this Agreement, the following goods imported into the state territory of the other Contracting Party are mutually exempt from all registration fees and entry duties, as well as from mandatory permits: 1. Fuel contained in the main tanks provided for the corresponding vehicle model, technically and structurally connected to the engine power supply system, in the amount of six hundred liters for buses and two hundred liters for cargo vehicles, as well as additional fuel in the amount of two hundred liters for each refrigerated or other installation on cargo vehicles or on special containers; 2. Lubricants contained in vehicles, in quantities necessary for normal consumption during transportation; 3. Spare parts and tools intended for the repair of a motor vehicle performing international transportation, unused spare parts, as well as replaced old parts must be removed from the country, or destroyed, or must be handled in accordance with the procedure established on the state territory of the relevant Contracting Party.

Article 17 The Ministries of Transport of the Contracting Parties shall promptly notify each other of the authorities in accordance with the Articles 3, 4, 6, 7, 9, 11, 12 and 15 of this Agreement.

Article 18 of this Agreement does not affect the obligations of the Contracting Parties arising from other international treaties, including the obligations of the Federal Republic of Germany in connection with its membership in the European Union.

 Article 19 (1) This Agreement shall enter into force on the day when the Government of the Republic of Kazakhstan notifies the Government of the Federal Republic of Germany that the internal procedures necessary for the entry into force of the Agreement have been completed. The date is determined by the day the notification is received. (2) This Agreement remains in force until one of the Contracting Parties denounces it in writing. After denunciation, the Agreement becomes invalid six months after receipt of the notification of denunciation by the other Contracting Party. Done in Bonn on November 26, 1997, in two copies, each in the Kazakh, German and Russian languages, each text being valid. In case of disagreement in the interpretation of the Kazakh and German texts, the Russian text will be preferred.

President

Republic of Kazakhstan

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