On international combined transport of goods

25.10.2017

Agreement

between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey

The Government of the Republic of Uzbekistan and the Government of the Republic of Turkey, hereinafter referred to as the “Contracting Parties”, Desiring the facilitation of international freight transport,

Taking into account that the cooperation in the field of international combined transport is an important prerequisite for the development of trade between the Contracting Partiesʼ States,

Realizing the necessity to foster modem railway and waterway transport with the aim of providing social, economic and ecological benefits,

Desiring to revive the historic Silk Road and aiming to improve Central Transport Corridor and Baku-Tbilisi-Kars Railway Lines,

Believing that combined transport system has high-potential and capacity to facilitate international freight transport,

Referring to the international agreements related to the combined transport of goods,

Have agreed in the followings:

Article 1 Scope of the Agreement

1. This Agreement comprises the international combined transport of goods in combined transport loading units, performed by a carrier registered in the territory of the State of either Contracting Party, between the territories of the States of the Contracting Parties or in transit through the territory of the country of one or both Contracting Parties.

2. This Agreement shall not affect the rights and obligations of the Contracting Parties arising from other international treaties to which they are parties.

Article 2 Definitions

For the purpose of this Agreement:

a) Combined freight transport — movement of goods without handling the goods themselves when changing modes and where the major part of the transport operation is by rail, or sea and any initial and/or final leg carried out by road as short as possible;

b) Combined transport loading unit — any container, swap body, semi-trailer/trailer, goods road motor vehicle suitable for combined freight transport;

c) Combined freight terminal — inland waterway/sea port field or rail network where the change of transport modes can be enabled;

d) Transport to/from combined freight terminal — the journey of combined transport loading unit from border crossing or origin point on the territory of each Contracting Party to the nearest railway terminal or sea port on the route; the road journey from a railway terminal or sea port to the nearest border-crossing point on the route or a final destination point;

e) Accompanied combined transport — transport of road vehicles, accompanied by the driver, by another mode of transport;

f) Unaccompanied combined transport — transport of road vehicles or trailers, not accompanied by the driver, by another mode of transport;

g) Combined Transport Permit — the document that enables the carrier to perform freight transport by using combined freight transport system;

h) Joint Committee — “Joint Committee on International Combined Transport” established in conformity with the provisions of the Article 8 of this Agreement;

i) Carrier — juridical persons authorized to carry goods by renting, purchasing or leasing any loading unit in conformity with the national legislation of the States of the Contracting Parties;

j) Vehicle — a motor vehicle on its own or a combination of road tractor with a semi-trailer and/or a trailer;

k) Maximum weight and dimensions of the transport vehicles — permissible weight and dimensions of the laden or unladen transport vehicles, in accordance with the national legislation of the Contracting Parties;

1) Special Permit — the document that authorizes the States of the Contracting Parties in accordance with the legislation of the country to carry out transport of the large size and/or heavy goods on transport vehicles and also allows the carriers to transport of dangerous goods.

Article 3 Competent Authorities

The Competent Authorities of the Contracting Parties responsible for implementing the provisions of the present Agreement shall be:

From Uzbek Side — Ministry for foreign trade, JSC “Oʼzbekiston temir yoʼllari”, Uzbek agency of automobile and river transport;

From Turkish Side — Ministry of Transport, Maritime Affairs and Communications.

Article 4 Accompanied Combined Freight Transport

1. Combined freight transport operations with registered vehicles starting from border crossing or any loading points located on one of the territories of the Contracting Partiesʼ States and terminating in combined transport terminals which are situated in the soil of other Contracting Party shall be performed by combined transport permits.

2. The template and the amount of combined transport permits issued for accompanied combined freight transport operations shall be determined by the Contracting Parties in Joint Committee meetings on reciprocal basis.

3. The Contracting Parties shall, in accordance with international norms, endavour to make sure that border crossing procedures of the Ro-La trains which piggyback vehicles on flat wagon shall be completed as soon as possible.

Article 5 Unaccompanied Combined Freight Transport

1. The carriage of combined transport loading unit between two combined freight terminals located within the territory of the State of the one of the Contracting Partiesʼ States shall only be performed by the vehicles registered in the territory of the State of the Contracting Party concerned.

2. Combined freight terminals dedicated to use of combined transport operations shall be determined in Joint Committee Meetings.

Article 6 Border Crossing

1. Combined Transport Permit shall be kept in the vehicle which is loaded on either rail wagon or ship along with the other documents necessitated by international agreements in force. The documents authorizing to perform combined transport of goods are to be kept in the vehicle during the entire trip and they are to be presented upon request to the relevant competent authorities of the Contracting Parties. In the absence of such permit, the vehicle concerned is considered to be unauthorized and its border crossing shall not be allowed. Any illegal modification or changes made in the permit document shall result in annulment of that permit. Such permits should be revoked accordingly.

2. It is compulsory that when leaving the territory of the country of either Contracting Party, all the relevant documents authorizing to perform combined transport operations (CIM-SMGS bill of lading and any other documents) shall be kept on board.

3. On entering or leaving the territory of the country of either Contracting Party, the vehicles, natural and legal persons performing combined transport of goods as well as the transported goods shall be checked according to the provisions of the national legislation of the relevant Contracting Parties.

4. Carrier or service provider and their crew shall act in conformity with the legislation and instructions of the Contracting Partiesʼ States.

Article 7 Support and Promotion of Combined Freight Transport

1. The Contracting Parties, their railway agencies, port authorities, transport companies and combined transport service providers shall agree to take necessary measures to stimulate combined freight transport by taking into consideration the comparative advantages of combined carriage. Incentives for combined transport can be negotiated in Joint Committee Meetings.

2. The Contracting Parties will promote combined transport service providers and railway, maritime and road transport companies which are engaged in combined transport operations and contribute to their competitiveness and efficiency.

3. The Contracting Parties may provide assistance to their own railway companies and port authorities in order to develop infrastructure for combined transport.

4. The Contracting Parties shall make necessary efforts to remove the weekend and holiday traffic restrictions for combined transport operations performed to/from combined freight terminals.

5. The Contracting Parties, in accordance with their national legislation, will attempt to establish favourable conditions required for the movement of vehicles of maximum 44-ton gross weight carrying ISO container for initial and final legs of combined transport chain.

6. The Contracting Parties, in accordance with the international agreements to which they are parties and their national legislation, will provide mutual practical assistance for vehicles loaded by train wagons in crossing the border within short term, and the border areas of checking, customs clearance documents.

7. The Contracting Parties may work together for the development of routes commonly used by both Partiesʼ carriers.

Article 8 Information Exchange and the Establishment of Joint Committee

1. Contracting Parties in conformity with their national legislation shall provide mutual exchange of information between the Competent Authorities for the implementation of this Agreement.

2. A Joint Committee consisting of the representatives of the two Contracting Parties shall be formed in order to regulate all questions regarding the implementation and the application of this Agreement. This Committee comprises representatives of the authorized bodies of the two Contracting Parties.

3. The meetings of the Joint Committee shall be held by turns on the territories of the States of the Contracting Parties. The terms of meetings shall be determined by the Parties on the basis of mutual agreement. The agenda prepared by either Party to be discussed at the Joint Committee meetings shall be communicated to another Contracting Party two weeks before the meeting.

4. Joint Committee shall take necessary measures, apart from the execution and implementation of this Agreement, for the discussion and solution of problems in the field of combined transport. Joint Committee may propose amendments or additions to any articles of this Agreement.

Article 9 Data Protection

The Contracting Parties declare that all data and information regulated by this Agreement shall not be shared or distributed to the third parties without Contracting Partyʼs written consent that provided such information.

Article 10 Force Majeure

In cases of Force Majeure that lead to delay of combined freight transport, the Contracting Parties shall take appropriate measures to prevent such delays.

Article 11 Dispute Settlement

Disputes arising from interpretation or implementation of this Agreement shall be settled by means of consultations and negotiations between the Contracting Parties.

Article 12 Amendments

This Agreement may be amended and supplemented by mutual consent of the Contracting Parties through separate protocols being an integral part of this Agreement. These amendments shall enter into force in accordance with Article 13 of this Agreement.

Article 13 Final Provisions

1. This Agreement shall enter into force from the date of receipt of the last written notification by the Contracting Parties on completion of domestic procedures required for its entry into force.

2. This Agreement is concluded for an indefinite period and shall remain valid as long as one of the Contracting Parties notifies through diplomatic channels of its intention to terminate this Agreement. In this case, the Agreement shall be terminated after six months following the date of receipt by the other Contracting Party of the notification of denunciation.

Done at Ankara on 25 October, 2017 in two originals in Uzbek, Turkish and English languages, all texts being equally authentic. In case of divergence in interpretation of the provisions of the Agreement, the English text shall prevail.

(signatures)