The main goal of the document is to simplify bilateral and transit road transport between Kyrgyzstan and Switzerland, as well as transport to and from third countries.
The signing of the agreement is entrusted to the Minister of Transport and Communications of the Kyrgyz Republic.
Key provisions of the agreement:
- Carriers from both countries are granted the right to carry out passenger and cargo transport in bilateral and transit modes;
- Cargo transport is exempt from the permit system, including transit and transport to third countries;
- Domestic transport (cabotage) on the territory of the other country is prohibited;
- Regular passenger transport will be carried out in accordance with the agreement of the competent authorities, while irregular transport may, in some cases, be conducted without permits;
- Vehicles are exempt from taxes and fees for use (except for fuel taxes and road tolls);
- Unified rules for the transport of dangerous and perishable goods, as well as requirements for weight and dimensions, are established.
A joint committee will be created to implement the agreement, which will address contentious issues and prepare proposals for amending the document. The agreement also applies to the Principality of Liechtenstein, considering its customs union with Switzerland.
The agreement will enter into force 30 days after the completion of the necessary domestic procedures by both parties and will remain in effect indefinitely.
Text of the agreement
Agreement between the Cabinet of Ministers of the Kyrgyz Republic and the Federal Council of Switzerland on international road transport of passengers and cargo
The Cabinet of Ministers of the Kyrgyz Republic and the Federal Council of Switzerland, hereinafter referred to as the Parties, seeking to simplify international road transport of passengers and cargo between the two states and transit through their territories, have agreed as follows:
Article 1
Scope
This agreement grants the right to carriers of both Parties to carry out passenger and cargo transport by road between the territories of the Parties or transit through them, as well as to and from third countries.
Article 2
Definitions
For the purposes of this agreement, the following terms are used:
1) territory – the territory of the state of one of the Parties where the carrier is registered and where the vehicle is registered, or the territory of one of the Parties where the carrier operates without being established there;
2) transport – operation of an empty or loaded vehicle;
3) carrier – any individual or legal entity registered in the territory of one of the states of the Parties and authorized to carry out international transport in accordance with the legislation of that state;
4) vehicle — in the case of transport:
а) passengers – a bus designed to carry more than nine passengers, including the driver, and registered in the territory of one of the Parties;
б) cargo – a cargo truck, a truck with a trailer, or a tractor registered in the territory of one of the Parties. If transport is carried out by a combination of vehicles registered in different countries, such a combination is subject to the agreement only if the tractor is registered in one of the states of the Parties;
5) regular passenger transport — transport of passengers using a previously agreed route, including a schedule and stopping points;
6) occasional passenger transport – irregular services for transporting passengers. The frequency or number of trips does not affect the classification;
7) permit – a document allowing a vehicle to enter/exit and transit through territories in accordance with national legislation;
8) transit transport — transport through the territory of one of the Parties, where the points of departure and destination are outside this territory.
Article 3
Regular passenger transport
1. Regular transport is organized by prior agreement between the competent authorities of both Parties. A carrier from one of the Parties may carry out regular transport services in the territory of the other Party after obtaining the relevant permit in accordance with the legislation.
2. Passenger transport carried out under the following conditions does not require a permit:
– transfers with accommodation in the territory of the other Party;
– empty trips made in connection with shuttle services.
Article 4
Irregular passenger transport
1. For occasional passenger transport between the two states, permits issued by the competent authorities are required, except in cases provided for in paragraphs 3, 4, and 5 of this article.
2. The competent authorities will issue permits for that part of the route which crosses their territory.
3. Permits are not required in cases where a group of passengers from the same vehicle is transported throughout the trip, if:
а) the trip begins and ends in the territory where the vehicle is registered;
б) the trip begins in the territory of registration and ends in the territory of the other Party, provided that the vehicle leaves it empty;
в) transport costs are covered by the receiving party, and the passengers form a homogeneous group.
4. Transit trips do not require a permit.
5. A permit is not required when replacing a defective vehicle.
6. The driver is required to carry a waybill and a passenger list, completed in a special form and presented upon request.
Article 5
Permits for cargo transport
1. A carrier from one of the Parties may temporarily import an empty or loaded vehicle for cargo operations without a permit:
а) between any points in the territory of one Party and any point in the territory of the other;
б) when departing to a third country or arriving from it;
в) in transit through the territory of the other Party.
Article 6
Prohibition of cabotage
A carrier authorized in the territory of one Party is prohibited from picking up passengers or cargo in the territory of the other Party for boarding or delivery.
Article 7
Transport of dangerous and perishable goods
The transport of such goods is carried out in accordance with the national legislation of both Parties.
Article 8
Weight and dimensions
1. The dimensions and weights of cargo vehicles and buses must comply with the standards established in the territory of the other Party. Each Party may not impose stricter conditions for vehicles registered in the territory of the other Party.
2. Special permission is required if dimensions or weight exceed established norms. Transportation is permitted only along the specified route if the permit requires this.
Article 9
Taxation and fees
Vehicles used for transport are exempt from taxes and fees, except for fuel taxes and road tolls.
Article 10
Exemption from customs duties
When transporting in accordance with the agreement, the following are exempt from duties: fuel in tanks, lubricants, and spare parts for repairs.
Article 11
National legislation
In matters not regulated by the agreement, carriers must adhere to the legislation of the other Party on a non-discriminatory basis.
Article 12
International obligations
The agreement does not affect the rights and obligations arising from other international treaties.
Article 13
Violations
The competent authorities monitor compliance with the terms of the agreement. In case of violations, measures may be taken, including warnings and revocation of permits.
Article 14
Competent authorities
The designated authorities for the implementation of the agreement:
Kyrgyz Republic: Ministry of Transport and Communications;
Switzerland: Federal Department of Environment, Transport, Energy and Communications.
Article 15
Joint committee
A joint committee is established to address arising issues, which will convene as necessary.
Article 16
Application to Liechtenstein
The agreement applies to the Principality of Liechtenstein due to its customs union with Switzerland.
Article 17
Entry into force
The agreement enters into force 30 days after the completion of the necessary procedures.
It may be amended by mutual consent of the parties and enters into force in accordance with paragraph 1 of this article.
In case of disagreements, the Parties will seek to resolve them through consultations.
Article 18
Duration and termination
The agreement is concluded for an indefinite period, and either Party may terminate it with six months' notice.
Executed in two copies in the city of “___” ___________20__ in Kyrgyz, Russian, German, and English languages, all texts have equal force. In case of discrepancies, the English text shall prevail.
The Cabinet of Ministers
of the Kyrgyz Republic
The Federal Council
of Switzerland
