belgiquelex.be - Carrefour Bank of Legislation 20 SEPTEMBER 2012. - An Act to approve the Agreement on International Road Transport between the Government of the Kingdom of Belgium and the Government of the Republic of Kazakhstan, signed in Brussels on 5 December 2006 (1) (2) (3)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on International Road Transport between the Government of the Kingdom of Belgium and the Government of the Republic of Kazakhstan, signed in Brussels on 5 December 2006, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Trapani, September 20, 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS.
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents
Bill tabled on May 4, 2012, No. 5-1608/1.
Report, No. 5-1608/2.
Annales parlementaire
Discussion, meeting of 28/06/2012.
Vote, meeting of 28/06/2012.
Room.
Documents
Project transmitted by the Senate, No. 53-2313/1.
Report made on behalf of Commission No. 53-2313/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2313/3.
Annales parlementaire
Discussion, session of 19/07/2012.
Vote, meeting of 19/07/2012.
(2) See Decree of the Flemish Region of 25/04/2014 (Moniteur belge of 27/08/2014, Decree of the Walloon Region of 17/01/2013 (Moniteur belge du 04/02/2013, Ordonnance de la Région de Bruxelles-Capitale du 20/11/2015 (Moniteur belge du 27/11/2015 (Ed. 2))
(3) Effective date: 01/02/2016.
AGREEMENT ON INTERNATIONAL ROAD TRANSPORT IN THE GOVERNMENT OF THE BELGIUM ROYAL AND GOVERNMENT OF THE KAZAKHSTAN REPUBLIC
The Government of the Kingdom of Belgium
And
the Government of the Republic of Kazakhstan,
referred to below as "Contracting Parties",
Desiring to create better opportunities for the development of trade relations among their countries and to develop satisfactory transport facilities for goods and passengers;
Taking into account the international integration process that contributes to the free trade of goods and services and to the free movement of people;
Taking into account the obligations arising from international agreements on environmental protection and road safety signed by the Kingdom of Belgium and the Republic of Kazakhstan;
Wishing to address these issues on the basis of mutual assistance, cooperation and reciprocity,
The following agreed:
I
re Gone. - General provisions
Article 1
erScope
1. The provisions of this Agreement shall apply to the international road transport of goods and passengers on behalf of third parties or on behalf of themselves between the territories of the Contracting Parties, in transit through their territories and to or from third countries, carried out by carriers established in the territory of the State of one of the Contracting Parties.
2. This Agreement does not affect the rights and obligations arising from other international agreements signed by the Kingdom of Belgium or the Republic of Kazakhstan.
Article 2
Definitions
For the purposes of this Agreement:
1. the term "transporter" means any person (including legal) that is registered in the territory of the State of a Contracting Party and that is legally permitted to carry on international road transport of goods or passengers on behalf of third parties or on behalf of their own, in accordance with the relevant legislation or regulations.
2. the term "vehicle" means a motor vehicle registered in the territory of the State of a Contracting Party or a combination of vehicles of which at least the motor vehicle is registered in the territory of a Contracting Party and which is used and equipped exclusively for the carriage of goods or passengers;
3. the term "bus" means a vehicle intended to carry passengers and according to its type of construction and equipment is capable of carrying more than nine persons, including the driver;
4. the term "transport" means the movement by road of a dependent or unladen vehicle, even if for a part of the journey the vehicle, trailer or semi-trailer uses the rail or inland waterways;
5. the term "regular service" means a bus service that ensures the carriage of passengers on a specified frequency and on a specified journey, passengers who may be taken over and placed at previously fixed stop points. Regular service may be subject to the requirement to meet pre-set schedules and rates. A regular service will be accessible to all, notwithstanding, where applicable, the obligation to reserve;
6. the term " Shuttle Service" means a bus service that, or by means of several journeys and returns, transports groups of travellers previously constituted from the same place of departure to the same place of destination. Each group, composed of travellers who have completed the journey, is brought back, by the same carrier, to the place of departure during a subsequent journey. The place of departure and place of destination means the place of departure of the trip and the place or journey ends, as well as, in each case, the surrounding areas within a radius of 50 kilometers.
During a shuttle service no passenger may be taken care of or deposited on the way.
The "travel service with accommodation" provides, in addition to transportation, accommodation with or without meals, instead of destination and, if necessary during the trip, at least 80 per cent of travellers. The length of travellers' stay at the destination is at least two nights.
Shuttle services with accommodation may be operated by a group of carriers acting on behalf of the same order donor, and travellers may:
- or carry out the journey back with another carrier, from the same group, than to go,
- either take a correspondence on the way, with another carrier of the same group.
7. The term " Occasional Service" means a bus service between the territories of the Contracting Parties and which does not meet the definition of regular service or shuttle service.
Occasional services include:
(a) closed-door circuits, i.e. bus services in which the same vehicle is used to transport one or more groups of travellers throughout the journey and or each group is reduced to its place of departure, and
(b) bus services for groups of travellers and or travellers are not returned to the place of departure during the same trip, and
(c) bus services that do not meet the above criteria, i.e., residual bus services.
8. The term "clean account transport" means:
(a) in the case of passenger transport, the fact that the carriage is carried out by the carrier for a non-commercial or non-profit purpose and as long as:
- the transport activity is only an incidental activity for the carrier;
- the vehicles used are the property of the carrier or are made available under a lease or lease contract and are led by the carrier's personnel or by the carrier itself;
(b) in the case of carriage of goods, the fact that the goods carried are the property of the carrier or have been sold, purchased, leased or leased, produced, extracted, processed or repaired by the carrier. The purpose of the transport is to transport the goods from or to the carrier's facilities or to move them inside or outside them for their own needs.
The motor vehicle used for such carriage shall be driven by the carrier's personnel or by the carrier itself and shall be the owner of the carrier or made available to it under a lease or lease contract. Transport must be an incidental activity of the carrier.
9. The term "competent authority" means:
(a) In the Republic of Kazakhstan, the Ministry of Transport and Communications;
(b) in the Kingdom of Belgium, the Federal Public Service Mobility and Transport.
The Contracting Parties shall inform each other by diplomatic means of changes in the name and/or competence of the competent authorities.
Article 3
Market access
Each Contracting Party shall authorize any carrier registered in the territory of the State of the other Contracting Party to transport goods or passengers:
(a) between any point in its territory and any point outside its territory, and
(b) in transit through its territory,
transport subject to authorization to be issued by the competent authorities of each Contracting Party.
Article 4
Masses and dimensions
1. The masses and dimensions shall be in accordance with the officially registered characteristics of the vehicle and shall not exceed the limits in force in the host country.
2. A special authorization, issued by a competent authority, is required if the mass and/or dimensions of a dependent or unladen vehicle, carrying under the provisions of this Agreement, exceed the permitted maxima in the territory of the Kingdom of Belgium or the Republic of Kazakhstan.
Article 5
Compliance with national legislation
The carriers of the Kingdom of Belgium or the Republic of Kazakhstan, as well as the crews of their vehicles, shall, in the territory of the State of the other Contracting Party, respect the laws and regulations in force in that State.
Article 6
Offences
In the event of a breach of the terms of this Agreement by a carrier of the Kingdom of Belgium or of the Republic of Kazakhstan, the competent authority of the Contracting Party, in the territory of the State of which the offence has been committed, may, without prejudice to its own legal procedures, notify the other Contracting Party which shall take the measures provided by its own national laws including the withdrawal of the authorization or the prohibition of carrying out transport on the State. The Contracting Parties shall mutually inform the measures taken.
Article 7
Tax matters
1. Vehicles, including their spare parts, carrying out transport under cover of this Agreement, shall be mutually exempted from all taxes and charges raised on the movement or possession of vehicles.
2. Taxes and charges on fuels, VAT on transport services, tolls and user fees, and taxes for the issuance of special authorizations under Article 4 of this Agreement, will be collected in accordance with the laws and regulations in force in the territory of the Contracting Parties.
3. The fuel contained in the normal tanks mounted on the vehicle and intended solely for the operation of the vehicle or for the operation of the controlled temperature appliances, as well as the lubricants contained in the vehicle for the sole purpose of the operation of the vehicle, shall be exempt from customs duties and any other tax or payment.
4. Spare parts necessary for the repair of an already imported vehicle will be temporarily allowed under the cover of a temporary import permit, without payment of import duties or other taxes, and free of import prohibitions or restrictions. Replaced parts will be released, exported or destroyed under customs control and supervision.
Article 8
Mixed Commission
1. The competent authorities of the Contracting Parties shall resolve all matters relating to the implementation and implementation of this Agreement.
2. To this end, the competent authorities of the Contracting Parties shall establish a Mixed Commission.
3. The Joint Commission shall meet regularly at the request of the competent authorities of a Contracting Party, alternately in the territory of the State of one of the Contracting Parties, and shall consist of representatives of the competent authorities of the Contracting Parties who may invite representatives of the professional organizations of the road transport.
4. The Joint Commission will establish its own rules and procedures in accordance with the credentials conferred on the heads of delegations of the two Contracting Parties. The meeting concludes with the drafting of a minutes to be signed by the head of delegation of each Contracting Party.
5. Pursuant to Article 3, the Mixed Commission will decide on the type and number of authorizations and conditions of access to the transport market.
Notwithstanding Article 12, paragraph 2 of this Agreement, the Joint Commission may extend the categories of transport for which no authorization is required.
6. The Mixed Commission will pay particular attention to the following aspects:
- the harmonious development of transport between the territories of the Contracting Parties taking into account, inter alia, the environmental aspects concerned;
- the coordination of road transport policies, road legislation and its implementation at the national and international level by the Contracting Parties;
- the search for possible solutions by the respective national authorities if problems arise, particularly in tax, social, customs and environmental matters, as well as in public order that could affect transport operations;
- the exchange of relevant information;
- the method of fixation of the masses and dimensions;
- promoting cooperation between transport enterprises and transport institutions;
- promoting multimodal transport, including market access issues.
II
e Gone. - Provisions concerning passenger transport
Article 9
Regular services
1. Requests for authorizations for regular services will be submitted to the competent authorities of the State in which the place of departure is located.
2. The decision to grant authorizations will be taken jointly by the authorities of the Contracting Parties. They are issued by the competent authorities of the two Contracting Parties, each for the territory of its own State.
3. An application for authorization may be refused, inter alia:
- if the applicant is not in a position to perform the service subject to the application with equipment of which the applicant has direct disposition;
- if, in the past, the applicant has failed to comply with national or international road transport legislation and, in particular, the conditions and requirements relating to the authorization of international passenger transport services, or has committed serious violations of road safety legislation, particularly with regard to vehicle standards and driving and rest times of drivers;
- if, in the case of an application for a renewal of authorization, the conditions of the authorization previously issued have not been met.
4. The decision to issue an authorization will be taken by the competent authorities within three months of the date of receipt of the full application.
5. An authorization is issued for a maximum of 3 years, it may be extended at the request of the competent authority.
6. Authorization or certified copy by the competent authority shall be on board the vehicle.
Article 10
Shuttle services
1. No authorization is required for shuttle services with accommodation carried out by Belgian carriers or Kazakhstan as long as these services have their starting point in Belgium, respectively Kazakhstan.
2. Shuttle services without accommodation are treated as regular services.
3. During the execution of shuttle services as referred to in point 1 of this article, a completed roadmap will be used.
Article 11
Occasional services
No authorization is required to perform casual services.
A completed roadmap must be on board the vehicle.
The Joint Commission referred to in section 8 will decide on the model of this roadmap.
III
e Gone. - Provisions concerning the transport of goods
Article 12
Conditions of authorization
1. Authorizations for the carriage of goods will be issued within the limits of a contingent of authorizations valid for 1 (one) travel (going and return) and/or a contingent for multiple travel (duty-time authorizations) valid for a period of 13 months beginning on 1
er January of each calendar year. Authorizations must be on board the vehicle.
2. Authorizations are personal and cannot be transmitted to third parties.
3. Authorities can only be used by a single vehicle at a time.
4. The Joint Commission referred to in section 8 sets out the contingent and the categories of authorizations (on travel or in time) and any other conditions relating to the use of the quota.
5. No authorization shall be required for the following carriages or unladen travel carried out in conjunction with these carriages:
(a) Carriage of goods by vehicles with the Total Weight Authorized in Charge (PTAC), including trailers, does not exceed 6 tonnes or whose authorized payload, including trailers, does not exceed 3.5 tonnes;
(b) Occasional transport of goods to or from airports in the event of deviation of services;
(c) Carriage of damaged or towed vehicles and moving of dew trucks;
(d) The unladen movement of a vehicle for the carriage of goods and intended to replace a vehicle unused abroad as well as the return of the vehicle broken down after repair;
(e) Carriage of live animals by means of vehicles constructed or specially fitted in a permanent manner to ensure the transport of live animals and accepted as such by the competent authorities;
(f) Transportation of spare parts and products for the supply of sea vessels and aircraft;
(g) Transport of items necessary for medical care in the event of emergency relief, particularly in the case of natural disasters, and in the case of humanitarian assistance;
(h) Transport, for non-commercial purposes, objects and works of art for exhibitions and fairs;
(i) Transportation for non-commercial purposes of equipment, accessories and animals to or from theatrical, musical, cinematic, sporting, circus, fairs or kermesses, as well as those intended for radio recordings, film shooting or television;
(j) Funeral transportation;
(k) Postal transportation under a public service regime.
6. The authorization must be fully completed before the start of the trip.
The travel report shall be stamped by the representative of the competent authority at the time of the entry of the territory of the State of the other Contracting Party.
Prior to crossing the border into a point where no representative of the competent authority is available, the driver must enter the ink, at the place provided on the authorization, location, date and time of crossing of the border.
7. In accordance with Article 4, paragraph 2 of this Agreement, the request for a special authorization for vehicles carrying goods whose mass or dimensions exceed the limits allowed in the territory of the State of the Contracting Party of reception shall resume:
1) the name and address of the carrier;
(2) the mark and the vehicle type and the registration number;
3) the number of axles and the wheelbase;
(4) the dimensions and the weight of the vehicle;
(5) the payload;
(6) the size and weight of the goods;
(7) if necessary, the drawing of the vehicle, including goods;
(8) Weight by axle;
9) the address of loading and unloading places;
10) the intended border crossing location and the date of passage and the road.
IV
e Gone. - Final provisions
Article 13
1. Any amendments and additions to the provisions of this Agreement shall be established by the Contracting Parties in protocols, which shall enter into force in accordance with the procedure referred to in Article 14, paragraph 1 of this Agreement and shall constitute an integral part of this Agreement.
2. Any disagreements and controversies regarding the interpretation or execution of the provisions of this Agreement shall be dealt with by the Mixed Commission.
3. The Contracting Parties shall bear only the expenses arising from the implementation of this Agreement, within the limits established by the laws of the Contracting Parties, unless otherwise agreed in specific cases.
4. Subjects that are not settled by this Agreement and by the International Agreements signed by the two Contracting Parties shall be settled in accordance with the national legislation of the State of each Contracting Party.
Article 14
Entry into force and duration
1. The Agreement comes into force on 1
er the date of the second month following the date on which the Contracting Parties notified each other in writing by diplomatic means that the domestic legal procedures required for the entry into force of the Agreement in their respective countries have been completed.
2. The Contracting Parties may terminate this Agreement at any time after a written notice of six months, meaning the other Contracting Party to terminate it.
Made in Brussels on 5 December 2006, in two original English, Dutch, French, Kazakh and Russian copies.
In the event of a discrepancy in the interpretation of the provisions of this Agreement, the English text shall be faith alone.
IN WITNESS WHEREOF the undersigned, duly authorized for this purpose, have signed this Agreement.
