On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of the Netherlands on International Road Transport

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of the Netherlands on International Road Transport

Law of the Republic of Kazakhstan dated May 20, 2003 No. 418

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of the Netherlands on International Road Transport, signed in Astana on June 14, 2000.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of the Netherlands on International Road Transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on September 1, 2003)

The Government of the Republic of Kazakhstan and the Government of the Kingdom of the Netherlands, hereinafter referred to as the Contracting Parties, wishing to promote, in the interests of economic relations, the development of road freight and passenger transportation to/from their countries and transit through their countries, have agreed as follows:

Article 1 General provisions

1. The provisions of this Agreement relate to international freight and passenger road transport on a rental basis, or for remuneration, or at their own expense between Kazakhstan and the Netherlands, in transit through their territories, to/from third countries, and to coastal transportation performed by carriers using motor vehicles, as defined in Article 2 of this Agreement. 2. This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international agreements. 3. This Agreement will be applied without prejudice to the implementation of the legislation of the European Union by the Kingdom of the Netherlands, as a member State of the European Union.

Article 2 Definitions

For the purposes of this Agreement: 1. The term "carrier" means a natural or legal person registered in the territory of a State of one of the Contracting Parties and legally admitted in the country of registration to motor transport of goods and passengers on a rental basis, or for remuneration, or at his own expense in accordance with national laws and regulations. 2. The term "vehicle" means a motor vehicle or a combination of vehicles, of which at least one motor vehicle is registered in the territory of a State of one of the Contracting Parties, and which is equipped and used exclusively for the carriage of goods or passengers by bus. 3. The term "coastal transportation" means the performance of transportation within the territory of the State of a Contracting Party by a carrier registered in the territory of the State of the other Contracting Party. 4. The term "transportation" or "transportation" means the delivery of loaded or unloaded vehicles by road, even if part of the path of the vehicle, trailer or semi-trailer passes by rail or waterway.

Article 3 Licensing System

1. Each of the Contracting Parties may allow any carrier registered in the territory of the State of the other Contracting Party to transport goods or passengers in international traffic: a) between any points of the country of one Contracting Party and any points of the country of the other Contracting Party, and any points outside these countries; b) transit through its country under permits to be issued by the competent authorities or other authorized agencies of each of the Contracting Parties, unless otherwise agreed by the Joint Commission. 2. Permits are not required for the following types of transportation or for empty flights related to such transportation as: a) transportation of mail as a public service; b) transportation of damaged or broken vehicles; c) transportation of goods on vehicles whose permissible weight with cargo, including trailers, does not exceed 6 tons, or whose permissible payload, including trailers, does not exceed 3.5 tons; d) transportation of medicines and equipment or other goods necessary in emergency situations, in particular, in the event of a natural disaster. 3. The carrier is prohibited from carrying out coastal transportation, unless there is a special permit from the competent authorities or other authorized agencies of each of the Contracting Parties.

Article 4 Weight and dimensions

1. The total weight and overall dimensions of the vehicles must correspond to the official registration of the vehicles and must not exceed the standards in force in the receiving State. 2. A special permit is required in the receiving State if the weight and/or overall dimensions of the loaded or unloaded vehicle used for transportation under the terms of this Agreement exceed the maximum permissible weight and overall dimensions established in the receiving State.

Article 5 Compliance with national legislation

1. Carriers of one Contracting Party and the crews of their vehicles during their stay in the territory of the State of the other Contracting Party must comply with the laws and regulations in force in that country. 2. In the case of coastal transportation, the Joint Commission will accurately determine the laws and regulations applicable in the host State. 3. The laws and regulations referred to in paragraphs 1 and 2 of this Article will be applied under the same conditions to residents of the host State in order to exclude unequal conditions based on nationality or place of registration.

Article 6 Violations of the Agreement

In the event of any violation of the provisions of this Agreement by a carrier registered in the territory of the State of one of the Contracting Parties, the competent authorities of the Contracting Party in whose territory the violation occurred, in accordance with the procedures provided for by national legislation, will notify the competent authorities of the other Contracting Party, which will take measures provided for by their national laws. The competent authorities of the Contracting Parties will promptly inform each other of any sanctions imposed.

Article 7 Financial issues

1. Vehicles, including their spare parts, involved in transportation in accordance with this Agreement, will be mutually exempt from all taxes and fees levied for the use or possession of vehicles, as well as from all special taxes or fees levied for the operation of transport in the territory of the State of the other Contracting Party. 2. Carriers of each Contracting Party are not exempt from taxes and charges on motor fuel, value added tax on transportation services, road tolls and charges for using roads. 3. Motor fuel contained in standard tanks of vehicles, as well as lubricants contained in vehicles intended only for their operation, upon importation into the territory of the State of the Contracting Party, will be mutually exempt from import duties and any other taxes and payments.

Article 8 Joint Commission

1. The competent authorities of the Contracting Parties will resolve all issues related to the implementation and application of this Agreement. 2. For these purposes, the competent authorities of the Contracting Parties shall establish a Joint Commission. 3. The Joint Commission will meet regularly at the request of the competent authorities of either Contracting Party and include representatives of the Contracting Parties, who may also invite representatives of the automotive industry to these meetings. The Joint Commission will establish its own rules and procedures. The Joint Commission will meet in turn in each country. The host State will preside over the meeting. The agenda will be prepared by the Contracting Party organizing the meeting at least 2 weeks before the meeting. The meeting will end with a protocol signed by the heads of delegation of each of the Contracting Parties. 4. In accordance with paragraphs 1 and 3 of Article 3 of this Agreement, the Joint Commission decides on the type and number of permits to be issued and the conditions of the permit system, including working conditions. Notwithstanding paragraph 2 of Article 3, the Joint Commission may increase or change the list of modes of transportation for which a permit is not required. 5. The Joint Commission will specifically consider the following issues: a) the harmonious development of transportation between the two States, taking into account, among other issues, environmental issues; b) coordination of road transport policy, transport legislation and its implementation by the Contracting Parties at the national and international levels; c) formulation of possible solutions for the relevant national competent authorities in case of problems, especially in the financial and social spheres, on customs and environmental issues, including public order issues; d) exchange of relevant information and settlement of disputes and disagreements; e) determination of the methodology for fixing weights and sizes; (e) To promote cooperation between transport companies and organizations; (g) To promote the development of intermodal transport, including all issues related to the licensing system.

Article 9 Dispute settlement

The Contracting Parties will resolve all disputes that may arise in connection with the interpretation and application of the provisions of this Agreement through negotiations and consultations in the Joint Commission of the Contracting Parties. If all efforts to resolve disputes through consultations and negotiations are unsuccessful, the dispute may be referred to an ad hoc arbitration court for a final and binding decision.

Article 10 Application of the Agreement for the Kingdom of the Netherlands

With respect to the Kingdom of the Netherlands, this Agreement will apply only on the territory of the Kingdom in Europe.

Article 11 Amendments

All amendments and additions to this Agreement are formalized by the Contracting Parties by an additional Agreement to it, which will enter into force in accordance with paragraph 1 of Article 12 of this Agreement.

Article 12 Entry into force and expiration of the Agreement

1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other in writing of the completion of all legislative procedures established in their States for the entry into force of this Agreement. 2. This Agreement is concluded for an indefinite period and will remain in force until one of the Contracting Parties denounces it in writing. The Agreement shall expire six months after the date of receipt by the other Contracting Party of the notification of denunciation. In witness whereof, being duly authorized to do so, have signed this Agreement.

Done in two copies in Astana on June 14, 2000, each in Kazakh, Dutch, Russian and English, all texts having the same legal force. In case of any disagreement in the interpretation of this Agreement, the Contracting Parties will use the English text.

For the Government For the Government of the Republic of Kazakhstan Kingdom of the Netherlands

President

Republic of Kazakhstan

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