ORGANIZATION OF THE BLACK SEA ECONOMIC COOPERATION (BSEC)
MEMORANDUM
OF UNDERSTANDING ON FACILITATION OF ROAD TRANSPORT
OF GOODS IN THE BSEC REGION
(Kyiv, 6.III.2002)
In the framework of the Organization of the Black Sea Economic Cooperation the Governments (Executive Authorities) of the BSEC Member States, hereinafter called the Parties;
Desiring to strengthen co-operation among all Black Sea Economic Cooperation Organization Member States with a view to facilitating transport and trade, essential for the economic development of the region;
Acknowledging the existence of major deficiencies in the operation of international road transport in the Black Sea region which are not only due to a lack of adequate infrastructure, but also to institutional, regulatory and economic barriers;
Stressing that solutions to such common problems require a new and innovative approach in a regional co-operative framework;
Aware of their commitments stemming from the acceptance of relevant international Agreements and Declarations;
Stating their willingness to conform with the decisions taken and the legal provisions adopted in the fields of transport, particularly road transport, in the framework of the United Nations Economic Commission for Europe (UN/ECE), the European Conference of Ministers of Transport (ECMT) and to take into consideration, as appropriate, the relevant regulations in force or envisaged in the European Community (EC);
Convinced that cost and time efficient measures could be adopted leading to a better performance of the road transport sector in the region;
Aware of the role combined transport may play in the provision of efficient transport services in the region;
Conscious of the fact that certain measures can only be implemented in the long term;
Agree on the following Memorandum of Understanding (MoU) as an important step towards harmonization of institutional aspects of road transport of goods in the Black Sea region.
Article 1
Aim
1. The aim of this MoU is to enhance co-operation among the Governments of the BSEC Member States towards the harmonization of certain key-elements concerning international road transport of goods in the region, in line with internationally accepted agreements, as well as related rules and standards, inter alia by simplifying and harmonizing procedures, formalities and documentation.
2. This co-operation will mainly focus on the development of policies incorporating common principles, actions of an institutional, regulatory and economic character as well as the means of implementing and monitoring them.
Article 2
General rules
1. The Parties shall not adopt measures providing for less favorable conditions than those included in existing bilateral Agreements, European Agreements, Agreements established under auspices of the UN/ECE and ECMT Resolutions in the field of road transport of goods, to which the Parties to the present MoU are concomitantly parties. In particular, the Parties shall alleviate administrative, technical, legal and other barriers with a view to facilitating international road transport of goods, providing for efficient bilateral and transit transport in the region, complying with international standards as provided for in the above legal instruments and ensuring that charges imposed on carriers reflect the real cost of transportation based on harmonized charging policies with standard elements for the calculation of costs.
2. The provisions of this MoU shall not affect the rights and obligations of the Parties arising from other international agreements, to which they are or may become Parties.
Article 3
Progressive liberalization of international road
transport of goods
1. The Parties shall take coordinated steps towards gradual liberalization of international road transport of goods on the basis of removing barriers hampering mutually beneficial participation of road transport operators in bilateral and transit transportation.
2. Third countries and cabotage transport operations are not the subject of this MoU.
3. The Parties shall introduce and promote efficient and adequate intermodal transport services to ensure additional and complementary capacities in international road transport of goods on certain sections of major international transport corridors in the BSEC region.
Article 4
Accession to international agreements - harmonization of
maximum permissible weights and dimensions, transportation
of dangerous goods and social regulations
The Parties shall endeavor to accede, as soon as possible, to Agreements and Conventions established under the auspices of the UN/ECE, as contained in annex I to this MoU, as well as to adapt their national legislation to certain aspects derived from the European Community regulatory framework. The afore-mentioned undertakings mainly concern the maximum permissible weights and dimensions of goods road vehicles in international traffic, transport of dangerous goods as well as the application of certain social regulations on driving time, etc.
Article 5
Charging policies - information system on charges
related to road transport
1. The Parties shall place particular importance on rationalization and gradual harmonization of charging policies for international road transport of goods. In this framework, they shall gradually incorporate into the respective charging policies, the principles of cost-relatedness, non-discrimination and transparency.
2. The Parties recognizing the importance of the availability of complete, accurate and up-to-date information on tolls and user charges related to the use of the national road network by foreign operators, might consider the establishment of an information system to provide such information to all interested users.
3. At the same time, the Parties reserve their sovereign rights to apply payment of tolls for using roads, tunnels and bridges on the principles of non-discrimination of road carriers from the States that are parties to this MoU.
Article 6
Facilitation of visa procedures for professional drivers
1. The Parties shall encourage their relevant national authorities examine possibilities to facilitate the granting of visa for professional drivers engaged in international road transport aiming at simplifying the formalities, reducing the time required to obtain visa and issuing multiple entry visa valid for one year without prejudice to other existing agreements.
2. The Parties in cooperation with the relevant national authorities, responsible for consular affairs, shall consider possibility of elaboration of a multilateral agreement on simplifying visa formalities for professional drivers engaged in international road transport of goods.
Article 7
Implementation
1. The Parties shall endeavor to implement the relevant provisions of this MoU by introducing them into practice under the existing or yet to be concluded bilateral road transport agreements or their relevant protocols between BSEC Member States.
2. The Parties agree to strive towards a multilateral framework agreement on road transport, including additional and complementary measures increasing the transport capacities and promoting environmentally sound technologies, covering all BSEC Member States, the facilities of which should not be less favorable than those provided for in this MoU and should reflect the best prevailing practices as enshrined in bilateral road transport agreements.
Article 8
Institutional mechanism
1. In order to ensure adequate co-ordination and monitoring of the implementation of the provisions of this MoU, a Steering Committee on the Facilitation of International Transport of Goods may be established under the auspices of the BSEC Working Group on Transport.
The eventual establishment of the afore-mentioned Steering Committee will entail no financial burden to the Parties to the present MoU.
2. The Steering Committee will be composed of one representative from each Signatory party. Each Party should appoint one representative and of alternate representative. The appointment shall be notified to all other Parties.
3. The Steering Committee will meet when necessary, but at least once a year. It should decide its rules of procedure by consensus. The Presidency of the Steering Committee rotates on an annual basis between the Parties.
4. Representatives of the BSEC Observers, BSEC related bodies, other interested organizations and institutions as well as NGOs can be invited to the meetings of the BSEC Steering Committee, as appropriate.
5. To further develop activities in the BSEC Region according to the aim of this MoU, the Steering Committee will formulate an Action Program to be revised annually and will report on its activity to the BSEC Working Group on Transport after each meeting.
Article 9
Duration
This MoU is concluded for five years. Its duration will automatically be extended for a further five years if none of the Signatory Parties objects at least one year before the expiration of a five-year period.
Article 10
Final provisions
1. The original of the MoU in a single copy in the English language shall be deposited with the BSEC Permanent International Secretariat (PERMIS), which shall transmit a certified copy to each Party and will fulfill all the obligations arising from the capacity of depository.
2. This MoU shall enter into force on the thirtieth day following the date of the deposit to the depository, by all the signatory Parties, of the notification regarding the accomplishment of their national legal procedures for the entry into force of the international agreements.
3. Non-signatory BSEC Member States may become Parties to the present Memorandum of Understanding only after its entry into force.
4. The Governments signing this MoU after its entry into force will become Parties on the thirtieth day following the date of depositing to the depositary of the notification regarding the accomplishment of their national legal procedures for the entry into force of the international agreements.
Article 11
Amendments
1. This MoU may be amended upon request of any Party.
2. The amendments convened by the Parties will enter into force according to the procedures referred to in Article 10.
Signed in Kyiv on the sixth day of March two thousand and two in a single copy in the English language.
Annex
INTERNATIONAL ROAD TRANSPORT AGREEMENTS
ESTABLISHED UNDER THE AUSPICES OF THE UNITED
NATIONS ECONOMIC COMMISSION FOR EUROPE (UN/ECE)
(IN ACCORDANCE WITH ARTICLE 2 OF THE MOU)
(1) Convention on Road Traffic (08.11.1968)
(2) European Agreement Supplementing the Convention on Road Traffic (01.05.1971)
(3) Convention on Road Signs and Signals (08.11.1968)
(4) European Agreement Supplementing the Convention on Road Signs and Signal (01.05.1971)
(5) Protocol on Road Markings, Additional to the European Agreement Supplementing the Convention on Road Signs and Signals (01.03.1973)
(6) European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Traffic (AETR) (01.07.1970)
(7) Convention on the Contract for the International Carriage of Goods by Road (CMR) (19.05.1956)
(8) Customs Convention on the Temporary Importation of Private Road Vehicles (04.06.1954)
(9) Customs Convention on the Temporary Importation of Commercial Road Vehicles (18.05.1956)
(10) Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention) (14.11.1975)
(11) International Convention on the Harmonization of Frontier Controls of Goods (21.10.1982)
(12) European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) (30.09.1957)
(13) Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) (01.09.1970)
(14) European Agreement on Main International Traffic Arteries (AGR) (15.11.1975)
(15) European Agreement on Important International Combined Transport Lines
(16) Protocol on Combined Transport on Inland Waterways to the European Agreement on Important International Combined Transport Lines and Related Installation (AGTC) (17.01.1997).