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The agreement between the Governments of state members of the Organization for democracy and economic development - GUAM about the international multimodal transportation of goods

of June 19, 2007

The governments of state members of the Organization for democracy and economic development - GUAM (ODER-GUAM), hereinafter referred to as "Parties"

recognizing that international carriages of loads are one of the means promoting purposeful development of trade and economic relations between ODER-GUAM state members;

understanding that preserving the environment, increases in cost efficiency of transportations, reduction of consumption of fuel and energy resources, ensuring transport safety, increase in handling capacity of transport system, requires creation for freight owners of alternatives in the choice of the mode of transport applied to transportation of goods;

being convinced that multimodal transportations offer wide choice for implementation of international carriages of loads,

agreed as follows:

Article 1. General provisions

1. This agreement governs the relations between the transport organizations, operators of multimodal transportation, consignors, consignees, other physical persons and legal entities acting on behalf of the freight owner in case of accomplishment of the transportation of goods performed multimodal transportations in case of interaction among themselves of rail, sea, river, road transport and ferry connection determines the rights, obligations and responsibility of each participant of transportations.

2. This agreement does not affect the rights and obligations following from other international agreements which participants are ODER-GUAM state members.

3. This agreement is applied in the field of the international multimodal transportation of goods between state members of ODER-GUAM and the transit across their territories performed by the carriers registered in the territory of the state of one of the Parties with the points of departure or appointments to their territories with use of rail, river, sea and road transport.

Article 2. Determinations

The determinations used in this agreement have the following values:

1. "Multimodal transportation" - the transportation of goods performed by two or more modes of transport.

2. "The operator of multimodal transportation" - any legal entity or physical person which for the purpose of implementation of multimodal transportations on its own behalf signs agreements with the freight owner (consignor) and transport organizations and bears responsibility for the organization of the specified transportations.

3. "The agreement of multimodal transportation" - the agreement signed by the operator of multimodal transportation or other carrier with the freight owner (freight forwarder) on cargo delivery by two or more modes of transport.

4. "Transport unit of multimodal transportations" vehicles by means of which containers are performed multimodal freight transportation.

5. "The terminal for multimodal transportations" - the territory with complex of buildings, constructions, technical means and communications (railway stations, autoterminals, sea, river, aviation and automobile ports, cargo customs warehouses), necessary for loading and unloading of transport units of multimodal transportations and their short-term storage in Items of change of modes of transport, and also customs both other types of control, and registration of goods and vehicles according to the national legal system of the states of the Parties;

6. "Consignor" - legal entity or physical person which transfers loads to the jurisdiction of other faces or the companies (the freight forwarder, the carrier/operator of transportation) for its delivery to the consignee.

7. "Consignee" - person, authorized to receive the delivered loads.

8. "Carrier" - the legal entity or physical person registered in the territory of the state of the Party which assumes according to the transportation agreement with the operator of the obligation and responsibility for cargo delivery to the destination performs transportation of goods and issue (transfer) to their consignee or other person specified in the transportation agreement;

9. "Freight forwarder" - the intermediary organizing transportation of goods and/or provisions of the corresponding services in the order of the consignor.

Article 3. Purposes

1. The purposes of this agreement are:

a) development of the economic relations, trade and transport connection between ODER-GUAM state members;

b) creation of conditions for providing and provision of services on multimodal transportation of goods;

c) creation of single requirements to carriers and operators of multimodal transportation in case of agreement performance of multimodal transportation;

d) increase in cost efficiency of transportation of goods;

e) safety of movement, safety of loads and environmental protection;

e) creation of equal conditions of the competition between separate modes of transport;

g) harmonization of transport policy, and also precepts of law in the field of transport.

2. Regulation in the field of multimodal transportations is performed according to the national legal system of the Parties. Competent authorities of the Parties, according to international treaties, this agreement, others legal and regulations, publish within the competence, obligatory for execution by legal entities and physical persons, rules of transportation of goods in the multimodal message, with participation of rail, river, sea, road transport, ferry connection and freight terminals, instructions both others legal and the regulations governing the relations arising when implementing multimodal transportations.

Article 4. Organization of multimodal transportation of goods

1. In the part which is not provided by this agreement, the procedure of multimodal transportation of goods is determined according to rules of international law and the national legal system of the states of the Parties regulating these transportations.

2. Part in multimodal transportations can be taken:

a) railway stations open for accomplishment of the corresponding transactions of multimodal transportations;

b) sea and river ports (further ports);

c) freight terminals;

d) ferry complexes;

e) vessels for transportation of unit loads of multimodal transportations.

3. Terminals for multimodal transportations are determined by relevant organs of the Parties. Relevant organs of the Parties inform each other on the list of terminals.

Article 5. Rights, obligations and operator liability of multimodal transportation

1. The operator of multimodal transportation shall provide the organization of transportation of the load accepted by him.

2. The operator of multimodal transportation bears responsibility to the consignor (freight owner), the consignee and carrier according to the national legal system of the Parties.

3. Insurance in the field of accomplishment of multimodal transportations is performed according to the national legal system of the Parties.

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