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The agreement on introduction of the international certificate of weighing of cargo vehicles in the territories of the State Parties of the Commonwealth of Independent States

of April 16, 2004

The governments of the State Parties of this agreement which are hereinafter referred to as with the Parties

proceeding from need of coordinated actions in the field of the international motor freight transportation and unification of conditions for their implementation, elimination of barriers in the international message,

for the purpose of the program implementation of actions for development of the Commonwealth of Independent States for the period till 2005 approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States of June 20, 2000, the Agreement on the principles of forming of general transport space and conditions of interaction of the State Parties of the CIS in the field of transport policy of October 9, 1997 and the Agreement on procedure for transit through the territories of the State Parties of the Commonwealth of Independent States of June 4, 1999.

agreed as follows:

Article 1

The terms used in this agreement have the following values:

international delivery of loads - transportation of goods on the vehicles registered in the territory of the Parties with crossing of border at least one of the Parties, including transportation by transit across their territory;

the vehicle - the mechanical road vehicle, and also any trail car or semitrailer truck intended for its towage by such vehicle;

carrier (the transport operator) - the person who is directly responsible for transportation of goods or using the third party for this transportation according to the transportation agreement;

the international certificate of weighing of cargo vehicles (certificate) - the document containing reliable data about weight parameters of the vehicle, issued by the station of weighing authorized by competent authorities of the Parties;

the station of weighing - the weighing Item authorized by competent authorities of the Party making weighing of the vehicle and issuing the standard certificate;

check weighting - weighing of the vehicle under the following circumstances:

- discrepancy of the weight characteristics specified in the certificate and traveling documentation (CMR, CARNET TIR);

- in case of additional charge, partial unloading or transhipment of cargo in other vehicle, and also by transfer of load under other customs regime;

- discrepancy of the data specified in the certificate (the column 3), and data on the controlled vehicle (vehicle type, registration numbers);

- discrepancy of special weight characteristics to the data specified in the certificate (the column 8).

Article 2

1. This agreement regulates procedure for application of the certificate in the territories of the Parties.

2. The certificate is issued for the purpose of simplification of the procedure of crossing of borders between the Parties and, in particular, avoidance of repeated weighing of vehicles in the territories of the Parties.

Article 3

1. The parties accept and mutually recognize the certificates issued by one of the Parties.

2. The certificate is made by typographical method and has system of protection. Contents of the certificate are specified in the Appendix which is integral part of this agreement (daleeprilozheniye).

3. Forms of the certificate are printed in Russian by competent authorities of each of the Parties, can be duplicated in state language of each of the Parties on condition of observance of the established format of the certificate and arrangement of its Items.

4. Forms of the certificate are forms of the strict reporting.

Article 4

1. Information support and coordination of activities of competent authorities of the Parties for application of the certificate in referral form is performed by Intergovernmental council of road builders (further - MSD) together with the Coordination transport meeting of the State Parties of the CIS (further - KTS of the CIS).

2. Competent authorities of the Parties create lists of stations of weighing in the territories of the relevant Parties and inform MSD. MSD together with KTS of the CIS bring the specified lists to all competent authorities and transport administrations of the Parties.

3. The mandatory requirements imposed to stations of weighing in case of their accreditation and the main characteristics of the equipment which should be applied to weighing of vehicles are given in Appendix.

Article 5

1. Additional, including check weighting of the vehicle is not performed, except for the circumstances stated in paragraph 7 of Article 1.

2. Results of check weighting are entered in column 10 of the certificate.

3. Competent authorities of the Parties inform customs authorities of the states on results of check weighting.

4. In case of detection of discrepancy more than 2% between the data specified in subitem 7. 2, 7.3 certificates, and actual weight responsibility is born by carrier according to the legislation of each of the Parties.

Information for taking measures on this fact is carried to competent authorities of the Parties in which territories the certificate was issued and the vehicle is registered.

5. In case of systematic discrepancy of results of weighing of vehicles at the authorized station of weighing more than for 2% the station can be deprived of accreditation according to the national legal system of the state.

Article 6

1. The certificate is issued by competent authorities of the Parties to carrier in loading points or at the first station of weighing located along the line the vehicle.

2. In case of exceeding of the weight characteristics specified in the certificate, values of the admissible weight parameters operating in the territory of the Parties, the carrier shall pay in accordance with the established procedure the corresponding fees and duties established by legislations of the Parties.

Article 7

This agreement does not affect the rights and obligations of the Parties following from other international treaties on the international automobile communication which participants they are.

Article 8

Competent authorities of the Parties for the purpose of implementation of this agreement on a grant basis provide necessary information on the operating regulatory legal acts and modification and amendments in them, and also about the other circumstances important for the international motor freight transportation and infringing on interests of other State Parties of this agreement.

Article 9

This agreement becomes effective from date of delivery on storage to depositary of the third notification on accomplishment by the Parties of all necessary interstate procedures which signed it.

For the Parties which performed necessary procedures later it becomes effective from date of delivery on storage to depositary of the relevant documents.

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