Rules of transportation of goods in direct international railway ferry connection through ports of the Astrakhan water transport node and Makhachkala (Russia) and Aktau (Kazakhstan)

of May 19, 2007

These rules determine procedure and conditions of transportation of goods in direct international railway ferry connection through ports of the Astrakhan water transport node and Makhachkala (Russia) and Aktau (Kazakhstan) (further Governed) and are binding as for the railroads participating in transportation and shipowners, and for senders and receivers of loads.

In these rules the following basic concepts and reducings are used:

1. "Competent authorities of the Parties":

from the Kazakhstan Side - the Ministry of Transport and Communications of the Republic of Kazakhstan;

from the Russian Side - the Ministry of Transport of the Russian Federation.

2. "Railroads":

from the Kazakhstan Side - joint-stock company "The Kazakhstan Railroads national company;

from the Russian Side - the railway carriers participating in implementation of direct international railway ferry connection.

3. "Shipowner" - person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or operates it on other legal cause performing transportation of goods on the offshore section of way between ports of the Astrakhan water transport node and Makhachkala (Russia) and Aktau (Kazakhstan).

4. "Station" - the railway station.

5. SMGS - Agreement on the international railway freight traffic.

6. The SI to SMGS - The staff instruction to the Agreement on the international railway freight traffic.

7. OP SMGS - Agreement between railway administrations of the State Parties of the Commonwealth of Independent States, Republic of Latvia, Republic of Lithuania, Republic of Estonia on features of application of separate regulations of SMGS.

Paragraph 1. General provisions

1. These rules regulate the relations arising between the railroads on the one hand, the shipowner - from the second party, and senders, receivers from the third party, in case of transportation of goods, and conditions of transportation of goods in direct international railway ferry connection by the railroads of the State Parties of the Commonwealth of Independent States, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia and the offshore section between ports of the Astrakhan water transport node, Makhachkala (Russia) and Aktau (Kazakhstan) (further - direct international railway ferry connection), and determine their rights, obligations and responsibility.

Relations between the railroads in case of transportation of goods in direct international railway ferry connection are based on provisions SMGS, SI to SMGS, OP SMGS, Rules of complex calculations between railway administrations of the State Parties of the Commonwealth of Independent States, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia and other conventional normative legal documents, Service regulations, number-specific accounting and calculations for use of goods wagons and containers in direct international railway ferry connection through ports of the Astrakhan water transport node and Makhachkala (Russia) and Aktau (Kazakhstan).

2. The goods wagons complying the operating Technical requirements of appendix 3 to Service regulations, number-specific accounting and calculations for use of goods wagons of property of other states, Service regulations of goods wagons and containers of accessory of the State Parties of the Commonwealth of Independent States, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia in direct international railway ferry connection and also to other regulating documents obligatory for railway administrations of the State Parties of the Commonwealth of Independent States, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia are allowed to the address in direct international railway ferry connection.

The cars going in direct international railway ferry connection shall have axial loading of no more 23,5 of t inclusive and correspond to dimensions for cars of track of 1520 mm.

3. Transportation of goods in direct international railway ferry connection is drawn up by superimposed SMGS with inclusion of details of port stations in it for transportation by the ferry boat across the offshore section.

4. Transportation of goods transit across the railroads of Kazakhstan and Russia on the terms of these rules between the countries which railroads do not participate in SMGS is performed on the conditions determined by railway administrations of Kazakhstan and Russia.

5. Transportation of goods transit between stations of the railroads of the State Parties of the Commonwealth of Independent States, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia, is performed according to the procedure and on the conditions provided by the rates applied by the railroads for this international message.

Paragraph 2. Obligation of the railroads and shipowners to make transportations

1. The railroads and shipowners shall perform transportation of goods in direct railway ferry connection if:

1.1. Transportation of goods is provided in the plan of transportations.

1.2. Senders carry out these rules.

1.3. Accomplishment of transportation is not interfered by circumstances which the railroads and shipowners cannot prevent and which elimination does not depend on them.

2. On specifying of the relevant governmental bodies, and also in case of the spontaneous phenomena competent authorities of the Parties can dispose:

2.1. To temporarily stop transportations in this message fully or partially.

2.2. To temporarily stop acceptance of some loads or to allow acceptance them under certain conditions.

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