On the international road transport

24.06.2024

Agreement

between the Government of the Republic of Uzbekistan and the Government of Mongolia

The Government of the Republic of Uzbekistan and the Government of Mongolia, hereinafter referred to as the “Contracting Parties”,

Anxious to contribute to the development of trade and economic relations between the two countries,

Determined to promote collaboration in road transport within the framework of the market economy,

Concerned about the protection of environment and people, the rational use of energy, road safety and the improvement of driverʼs working conditions,

Aiming towards the development of transport intramodality,

Recognizing the mutual advantage of development of road transport,

Have agreed as follows:

PART I — GENERAL PROVISIONS

Article 1 Scope

The provisions of this Agreement shall apply to the carriage of goods and passengers by road between the territories of the Contracting Parties, in transit through their territories and to or from third countries performed by carriers established on the territory of one of the Contracting Parties.

Article 2 Definitions

The terms used in this Agreement have the following meaning:

1. “Transport operator” means any natural or legal person who is entitled in international transport of passengers and/or goods in accordance with the relevant national legislation of the Republic of Uzbekistan and Mongolia.

2. “Vehicle” means a motor vehicle or a combination of vehicles of which at least the motor vehicle is registered in the country of either Contracting Party and which is used and equipped exclusively for the carriage of passengers or goods.

3. “Transport” means the journey of a vehicle, either laden or unladen even if the vehicle, trailer or semi-trailer is carried by train or boat for part of the journey.

4. “Cabotage” means the transport of passengers or goods carried out by a transport operator of the country of one Contracting Party between individual places within the territory of the other Contracting Party.

5. “Territory of a Contracting Party” means respectively the territory of the Republic of Uzbekistan and the territory of Mongolia.

6. “Country of establishment” means the territory of a Contracting Party within which the transport operator is established and the vehicle registered.

7. “Host country” means the territory of a Contracting Party in which the transport operator operates without having a vehicle registered there and without the transport operator being established there.

8. “Bus” means a vehicle registered on the territory of one of the Contracting Parties which by virtue of its construction and equipment is suitable and intended for the transport of passengers and, which has, in addition to the driver's seat, more than eight seats.

9. “Regular passenger service” means a service whereby passengers are transported on a specified route, according to a timetable and rates set and published in advance. Passengers are picked up or set down at predetermined stopping points. Regular transportation of passengers and cargo by road transport outside the state border of Mongolia or outside the state border of the Republic of Uzbekistan.

10. “Shuttle service” means a service whereby, by means of repeated outward and return journeys, previously formed groups of passengers are carried from a single place of departure to a single place of destination. Each group, consisting of the passengers who made the outward journey, is carried back to the place of departure on a later journey. Place of departure and place of destination respectively means the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding localities within a 50 km radius.

A shuttle service may include the accommodation of passengers at its destination and, if needed, during the journey.

The first return journey and the last outward journey in a series of shuttles are made unladen.

11. “Irregular transportation service” means all other types of transportation of passengers by buses that are not included in the term “regular transportation of passengers”.

12. “Control document” means a passenger waybill for buses, which is in conformity with the model agreed upon by the Joint Committee referred to in Article 13 of the present Agreement.

13. “permit” means the document issued by the competent authorities of either Contracting Party which shall grant the right / possibility to the vehicle registered in the territory of the other Contracting Party to make a journey to or through the territory of the Contracting Party which has issued the permit.

14. “Transit” means

(14.1). the transport of passengers by bus across the state territory of the other Contracting Party without picking up and setting down passengers;

(14.2). the transport of goods by motor vehicle across the state territory of the other Contracting Party without loading and unloading goods.

15. “Dangerous goods” means goods which by virtue of properties and features inherent to them, while being transported, loaded, unloaded and stored, can cause of damage to hardware, equipment, buildings and constructions, as well as the death, injury or sickness of people, animals, and damage to the environment.

16. “Special permit” means the single-use permit document issued by the competent authorities of either Contracting Party which shall grant the right / possibility to the vehicle registered in the territory of the other Contracting Party to make a journey to or through the territory of the Contracting Party with dangerous or heavy goods which has issued the permit.

Part II — PASSENGER TRANSPORT

Article 3 Regular service

1. Regular passenger services operated between the territories of the Contracting Parties or in transit through their territories are subject to a system of permits issued by the competent authority of the Contracting Parties.

2. The application for permit should be submitted to the competent authority in the country of establishment of the transport operator. If the competent authority approves the application, it communicates the permit to the competent authority of the other Contracting Party.

The Joint Committee established under Article 13 of the present Agreement decides on the form of the application for permit and the supporting documents required.

3. Permits are issued by the competent authorities of the Contracting Parties by joint agreement.

The decision to grant or refuse the issue of a permit is taken within a period of three months unless there are special circumstances.

Permits are valid for a maximum of five years. They set out the operating conditions, including the environmental and safety standards, which vehicles must meet.

4. The competent authorities of the Contracting Parties shall exchange Permits and organize carriage in advance. The Permits shall contain the following information:

a) the name of the transport operator;

b) the route of the transport;

c) timetable;

d) the tariff on passenger transport;

e) the stopping points where the transport operator picks up and sets down passengers;

f) the estimated period and regularity of the carriage.

5. The competent authorities of the Contracting Parties may request from each other additional information necessary for the issue of authorizations.

6. Changes in operating conditions and the cancellation of the service are decided under the procedure set out in paragraph 2 and 3 of this Article.

If there is no longer any demand for the service, the transport operator can withdraw the service, giving a three monthsʼ notice to the competent authorities which issued the Permits and to customers.

Article 4 Occasional and shuttle passenger services

1. The Occasional and shuttle passenger services operated between the territories of the Contracting Parties and in transit through their territories are subject to a system of permits issued by the competent authorities of the Contracting Parties.

The Joint Committee established under Article 13 of the present Agreement agrees upon the technical, environmental and safety standards with which the vehicles carrying out the transport stipulated by this Article must comply.

2. As an exception to paragraph 1 of this Article, the services listed below are exempt from the permit system on the territory of the host country:

a) closed-door services whereby the same vehicle is used to carry the same group of passengers throughout the journey and to bring them to the place of departure;

b) services which make the outward journey laden and the return journey unladen;

c) services which make the outward journey unladen and the return journey laden, provided that the passengers have been previously brought by the same carrier to the territory of the Contracting Party where they are picked up again and carried to the territory of the country of establishment.

d) in case of replacing the broken-down bus by another bus.

3. Permits from the competent authorities of the Contracting Parties shall be required for other categories of occasional transportation service.

The Joint Committee established under Article 13 of the present Agreement here of may extend the permit exemption to other categories of occasional services.

4. The permit application should be submitted to the competent authority in the host country.

The Joint Committee established under Article 13 of the present Agreement decides on the form of the permit application and the supporting documents required.

5. The occasional transportation service exempted from permit requirements and operated by using buses must be covered by a control document. The conditions of use and the content of the control document are decided by the Joint Committee referred to in Article 13 of the present Agreement.

PART III — GOODS TRANSPORT

Article 5 Permit system

1. The carriage of goods between the territories of the Contracting Parties or in transit via their territories as well to / from third countries shall be carried out by goods vehicles or combinations thereof, with permits issued by the competent authorities of the Contracting Parties, except for the carriage referred to in Article 7 of this Agreement.

2. A permit shall be issued for each carriage of goods, entitling the carrier to make a single return trip. When a goods vehicle is equipped with a trailer or semi-trailer, the permit shall be issued only to the lorry or vehicle pulling the trailer or semi-trailer.

3. Each year the competent authorities of the Contracting Parties shall mutually exchange an agreed number of permits with charge and/or permits, which are free of charge, referred to in paragraph 1. The permits shall be stamped by competent authority and signed by a person issuing this permit. Upon one of the Contracting Parties request, additional permits may be given.

4. The permits referred to in paragraph 1 shall be valid up to 31st January of the successive of calendar year. The permit shall be valid for the goods vehicle or a combination there of irrespective of the country of registration of the trailer / semi-trailer.

5. The Joint Committee established under Article 13 of the present Agreement determines the quota, category and any further conditions governing permit use.

6. A carrier conducting the carriage of goods envisaged in this Agreement shall, at the request of the competent authorities of the Contracting Parties, produce a document attesting the contract for goods transportation, i.e., the consignment note. The consignment note must take the form prescribed by the Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956) and Additional Protocol to the CMR concerning the Electronic Consignment Note (Geneva, 20 February 2008).

Article 6 Transport exempted from permit requirements

1. Permits referred to in Article 5 of the present Agreement are not required for:

a) transport by vehicles whose total permissible laden weight, including trailers, does not exceed 6 tonnes, or when the permitted payload, including trailers, does not exceed 3.5 tonnes;

b) transport on an occasional basis, to or from airports, in cases where air services are diverted;

c) transport of vehicles which are damaged or have broken down and the transport of breakdown repair vehicles;

d) unladen journeys by a goods vehicle sent to replace a vehicle which has broken down in another country, and also the return journey of the repaired vehicle;

e) transport of medical supplies and equipment needed for emergencies, particularly in response to natural disasters and for humanitarian aid;

f) transport of works and objects of art for fairs and exhibitions or for non-commercial purposes;

g) transport of theatre props, accessories and animals to or from theatrical, musical, film, sports or circus performances and fairs for non-commercial purposes, and those intended for radio recordings, or for film or television production;

h) transport of household removals carried out by enterprises with special staff and equipment for this purpose;

i) funeral transport;

j) transport of post.

2. The Joint Committee established under Article 13 of the present Agreement may add to, or remove from, the list of transport categories exempted from permit requirements.

PART IV — COMMON PROVISIONS

Article 7 Taxes and duties

1. The duties and taxes on goods carried by goods vehicles or combinations thereof registered in the territory of one Contracting Party and temporarily present in the territory of the other shall be levied in accordance with the legislation applicable in the territory of the latter Contracting Party.

2. Buses and goods vehicles or combinations thereof registered in the territory of one Contracting Party and having temporarily entered the territory of the other Contracting Party, as well as the fuel contained in the normal, by the manufacturer built-in fixed tanks, shall be exempted from any duties, taxes or levies in accordance with the legislation applicable in the territory of the latter Contracting Party.

3. Spare parts that are temporarily brought into the territory of the other Contracting Party for the repair of buses and / or goods vehicles or combinations thereof that are deficient or were made inoperable or damaged in traffic accidents shall be exempted from customs duties, charges, dues and other fees imposed by the legislation applicable in the territory of that Contracting Party. The replaced parts shall be returned back or destroyed under the supervision of customs officers.

4. The operators of buses and / or goods vehicles or combinations thereof shall be subject to road taxes for the use of the road infrastructure (i. e. individual road sections, bridges, tunnels and other road constructions) in compliance with the legislation applicable in the territories of the Contracting Parties.

Article 8 Weights and dimensions

1. The maximum permissible weight, axle weight and dimensions of vehicles must not exceed those entered in the registration documents nor the maximum permissible limits in force in the host country.

2. The use of vehicles whose weight and dimensions exceed the maximum permissible limits is permitted in the host country only with a special permit applied for in advance.

Article 9 Transport of dangerous goods and perishable goods

1. Transport of dangerous and perishable goods between the territories of the Contracting Parties, in transit via their territories, as well as to / from third countries shall be carried out in accordance with the provisions of the relevant laws and regulations of the Contracting Parties.

2. The Contracting Parties undertake to promote, within the framework of this Agreement, the use of vehicles meeting the safety and emission standards.

Article 10 Provisions common to passengers and goods transport services

1. Permits for transportation of passengers and goods are personal and not transferable to other carriers or third parties.

2. The competent authorities of the States of the Contracting Parties shall agree the procedure for permits exchange.

3. Carriers are not allowed to transport passengers and goods between the two points within the territory of the State of the other Contracting Party.

Article 11 Control

1. The permits, control documents and other documents under this Agreement, as well as the consignment note, passenger waybills, insurance certificates, training certificates and all other documents required under the international agreements and / or the legislations of the countries of the Contracting Parties must be kept in vehicles and be produced at the request of authorised officials.

2. With regard to border and customs control, as well as the supervision of compliance with veterinary, phytosanitary, epidemic, environmental and nature conservation rules, the Contracting Parties shall apply their own national legislation and the provisions of those international treaties to which they are parties.

Article 12 Obligations of transport operators and infringements

1. The transport operators of the country of a Contracting Party and the crews of their vehicles must, when on the territory of the other Contracting Party, comply with the national legislation in force in that country.

2. In the event of any infringement of the provisions of this Agreement by a transport operator of the country of a Contracting Party, the competent authority of the Contracting Party on whose territory the infringement occurred shall, without prejudice to the legal proceedings of its country, notify the competent authority of the other Contracting Party which will take such steps as provided for by the national legislation of its country. In particularly serious cases, the competent authority of the host country may temporarily prohibit access to the territory of its country pending a decision by the competent authority in the country of establishment. The competent authorities of the Contracting Parties shall keep each other mutually informed on decisions taken.

Article 13 Joint Committee

1. To ensure proper implementation of the provisions of this Agreement and prompt resolution of disputes that may arise in course of its application that cannot be solved through direct contacts between the competent authorities of the States of the Contracting Parties, a Joint Committee shall be established.

2. A Joint Committee from the representatives of the authorized bodies of the Contracting Parties shall be established, upon the request of one of the Contracting Parties.

3. The Contracting Parties undertake to carry out the decisions of the Joint Committee.

4. The Joint Committee may adopt the recommendations on the supplementing and amending the articles of this Agreement.

Article 14 Competent authorities

The competent authorities for the implementation of the present Agreement are:

for the Government of the Republic of Uzbekistan: The Ministry of Transport;

for the Government of Mongolia: The Ministry of Road and Transport Development.

In case of changes of the official names and functions of the competent authorities of the Contracting Parties, the Contracting Parties shall promptly notify through diplomatic channels.

Article 15 Additions and amendments

1. Any disputes arising from interpretation or application of the provisions of this Agreement shall be resolved by the Contracting Parties through consultations and negotiations.

2. Additions and amendments to this Agreement shall be made by mutual consent of the Contracting Parties. Such additions and amendments shall be made in the form of separate protocols being an integral part of this Agreement and shall enter into force in accordance with the provisions defined in Article 16 of this Agreement.

PART V — FINAL PROVISIONS

Article 16 Entry into force and duration of the Agreement

1. The present Agreement does not affect the rights and obligations arising from the international agreements binding upon the Contracting Parties.

2. This Agreement shall enter into force on the 30th day following the date of receipt of the last notification by which the Contracting Parties notify each other about the completion of respective internal procedures required for its entry into force.

3. This Agreement is concluded for an indefinite period and shall be valid until the expiry of six months from the date of receipt by one of the Contracting Parties of a written notification of the other Contracting Party of its intention to terminate this Agreement.

Done at Tashkent, on 24th of June, 2024, in two original copies, each in the Uzbek, Mongolian, and English languages, all texts being equally authentic.

In the case of divergence in interpretation, the Contracting Parties will refer to the text in the English language.

(signatures)