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Mutual declaration "About Counteraction of Unfair Competition and Liquidation of Barriers on the International Road Transport of the State Parties of the CIS"

(Astana is accepted at the XXIV meeting of KTS of the CIS on June 17, 2004)

Plenipotentiaries of the governments of the State Parties of the Commonwealth of Independent States (CIS),

recognizing the most important role of road transport in ensuring sustainable development of interstate integration, transnational market and production processes, international trade, institutes of social security and employment;

confirming that the road transport of the countries of the Euro-Asian region has huge economic potential, at the same time problems of road transport require close attention as from state bodies, and the party of business, scientific and public community;

proceeding from the principle that use of civilized rules and traditions, and also openness of business activity provide in the conditions of the competition for the account of the opening opportunities for application of the most effective methods of servicing, development of cooperation between competitor companies, promoting integration of national motor transportation systems and growth of mutual transportations;

considering that violation of the principles of the competition in the field of road transport is result of insufficient harmonization of the tax, customs, transport legislation, its application and treatment within the CIS, and also violation by some carriers of the fundamental existing laws and rules regulating work of road transport; only on condition of fair competition in the market of motor transportation services the level of rates on transportations providing compensation of costs and the necessary size of profit according to current laws and rules will provide further development of the separate companies, and also to promote progress of industry in general,

declare the intention to take necessary measures both at the national level, and within the CIS for creation of single transport space in the territory of the State Parties of the CIS and suppression of practice of unfair competition in motor transportation area.

It is understood that the unfair competition is the any actions of business entities directed to acquisition of benefits in business activity which contradict provisions of the current legislation to customs of maintaining business activity, requirements of respectability, rationality and justice and can cause or caused losses to other business entities - competitors or to cause damage to their goodwill.

Treat methods of unfair competition:

- the aspiration to reach exclusive line items in the market by means of the agreement, collusion, the coordinated actions directed against certain competitors;

- use of the discrimination prices and/or commercial conditions (dumping);

- application of incorrect acceptances of advertizing;

- violation of standards, conditions and delivery quality of goods and services;

- unfair use of name or logo of the competitor;

- discredit of business practice of the competitor, illegal use of business achievements of the competitor;

- illegal use of results of intellectual activities and the means of individualization of the legal entity, individualization of products, performance of works, services equated to them;

- intervention in business relations of the competitor;

- use of the provided subsidies, compensation privileges, discounts for achievement of benefit before competitors;

- abuse of dominant position on certain segment of the market (the direction of transportations);

- corruption and bribery for the purpose of increase in competitiveness in the market and receipts of commercial benefits;

- receipt of unilateral benefits due to use of acceptances of illegal employment of foreign drivers.

Is accepted that to deliver resolute barrier of any sort to manifestations of unfair competition in motor transportations, it is necessary to undertake the following:

- harmonize within the CIS countries criteria and the mechanism of the admission to profession of the international automobile carrier;

- fix the current situation in the field of cross-border, fiscal and technical barriers on the international road transport and begin work on implementation of complex of legal measures on their elimination at the national and international level, harmonization legal and regulations, including the conclusion and ratification of international treaties, expansion of the sphere of their action on the basis of cooperation of competent state bodies and non-governmental organizations;

- involve in process of antagonism of unfair competition of all participants of industry (haulers, freight forwarders, logistics) and the public institutions regulating it (the ministries of transport, customs and tax authorities, law-enforcement structures, regional authorities and so forth);

- by preparation of international treaties, agreements and target programs to stipulate in them measures for elimination of barriers on the way of effective development of road transport;

- continue the cooperation directed to effective connection of the European and Asian motor transportation networks, including using infrastructure of transport corridors "the West - the East" and "the North - the South";

- enhance coordination of activities for ensuring stability and efficiency of functioning of the international transit system provided by the Customs convention about international delivery of loads using the book of MDP (The convention MDP, 1975) and together with the competent authorities of the government of gosudarstvuchastnik of the CIS authorized by associations of the international haulers and International union of road transport (IRU) to provide protection of this system against fraud and abuses;

- promote liberalization of transportation of goods and passengers and gradual liquidation of unreasonable restrictions for the territories of the State Parties of the CIS;

- promote development of the harmonized system of boundary charges, customs rules and control, first of all for the purpose of simplification and reduction in cost of customs procedures and reducing time of execution of necessary documents on border;

- support development of package of measures, directed to reducing or liquidation of the technical barriers complicating motor transportation movement, including introduction in 2004 in the territory of the CIS of the single certificate of weighing;

- promote liquidation of different fiscal requisitions on the roads contradicting national legal systems and the international practice (regional charges, payment on transit, etc.);

- promote development of logistic control centers, transport information systems and intermodal transport schemes;

- give support to the scientific organizations and educational institutions in their work on studying of problems of road transport, including on establishing exchange of information between private and state sectors of economy;

- transfer the text of this declaration to executive committee of the CIS and the European conference of Ministers of Transport and discuss with them possibility of acceptance of the coordinated actions in the directions mentioned in this declaration and also accessions to it.

 

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