Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Bolgarije o mednarodnem cestnem prevozu potnikov in blaga (BBOMCP)

The Government of the Republic of Slovenia and the Government of the Republic of Bulgaria,
    DESIROUS to contribute to the development of trade and economic relations between their countries as well as the development of transport of goods and passengers by road to and from their countries and in transit through their territories within the framework of the market economy,
    CONCERNED about environment and people protection, the rational use of energy, road safety and the improvement of drivers’ working conditions,
    Hereinafter referred to as “Contracting Parties“,
    Have agreed as follows:

P A R T I

G E N E R A L P R O V I S I O N S

Article 1

Scope

1. The present Agreement applies to road transport by transport operators established on the territory of one of the Contracting Parties by means of vehicles registered on that territory with the points of departure and destination in the said territory and involving transit through that territory and through the territory of the other Contracting Party.
    2. The present Agreement does not affect the rights and obligations arising from the other international commitments of the two parties, nor does it affect the legislation of both countries or the agreements between one of the Contracting Parties and a third country.

Article 2

Definitions

In this Agreement:
    1. “Transport Operator“ means any natural person or any legal person established on the territory of one of the Contracting Parties, which transports passengers or goods in accordance with the requirements of the national legislation regulating the access to the occupation of transport operator and to the market.
    2. “Vehicle“ means a motor vehicle:
    – on its own or a combination of vehicles;
    – intended for the carriage of passengers or goods by road, at the disposal of the transport operator through being its own property or through a hiring or leasing contract.
    3. “Registration“ means the allocation of an identification number to the vehicle by the competent authorities. In the case of a combination of vehicles, the motor vehicle is the determining factor in permit issue or exemption.
    4. “Transport“ means the runs by a laden or unladen vehicle even if the vehicle, trailer or semi-trailer is carried by train or boat for part of the journey.
    5. “Cabotage“ means the transport of passengers or goods carried out by a transport operator of one Contracting Party between individual places within the territory of the other Contracting Party.
    6. “Combined transport“ means the transport of goods whereby the lorry, trailer, semi-trailer, swap body or container, with or without tractor, use the road for the initial or terminal leg of the journey and travel by rail, waterway or sea for the other leg.
    7. “Territory of a Contracting Party“ means respectively the territory of the Republic of Slovenia and the territory of the Republic of Bulgaria.
    8. “Country of establishment“ means the territory of a Contracting Party within which the transport operator is established and the vehicle registered.
    9. “Host country“ means the territory of a Contracting Party in which the vehicle is operating without being registered there and without the transport operator being established there.
    10. “Bus“ and “Coach“ mean vehicles which are purpose build and designed for the transport of passengers and which have, in addition to the driver’s seat, more than eight sitting places.
    11. “Regular passenger service“ means a service which carries passengers over a specified route, according to a timetable and for which set fares are charged. Passengers are picked up or set down at predetermined stopping points and the service is accessible to everyone notwithstanding, in some cases, the need to book.
    12. “Shuttle service“ means a service whereby, by means of repeated outward and return journeys, previously formed groups of passengers are carried from a single place of departure to a single destination. Each group, consisting of the passengers who made the outward journey, is carried back to the place of departure on a later journey. Place of departure and destination respectively mean the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding locality within a 50 km radius.
    The first return journey and the last outward journey in a series of shuttles are made unladen.
    The definition of a shuttle service is not influenced by the fact some of the passengers join another group on their return journey, nor by the fact that the first journey to the destination point and the last journey to the starting point are made unladen. That type of shuttle service is called “reversed shuttle“.
    A shuttle service which provides accommodation for at least 80 per cent of passengers at destination and, if need be, on the journey, with or without meals, is called a “shuttle with accommodation“.
    13. “Occasional service“ means a service falling neither within the definition of a regular passenger service nor within the definition of a shuttle service. The frequency or number of services does not affect their classification as an occasional service.
    14. “Control document“ means the waybill for buses and coaches, the form is agreed upon and confirmed by the Joint Committee referred to in Article 15.

P A R T I I

P A S S E N G E R T R A N S P O R T

Article 3

Regular passenger services

1. Regular passenger services operated by bus or coach are subject to a system of authorisations issued by the competent authority in the country of departure, destination and transit.
    2. The authorisation application should be made to the competent authority in the country of establishment of the transport operator. If the authority approves the application, the authorisation is communicated to the competent authority of the other Contracting Party. If there is no reciprocity, an authorisation for a bilateral regular service can be refused.
    The Joint Committee set up under Article 15 hereof decides on the form that the authorisation application takes, the procedure agreement and the supporting documents required.
    3. Authorisations are issued by joint agreement by the competent authorities of the Contracting Parties.
    The decision to grant or refuse an authorisation is taken within a period of three months unless there are special circumstances.
    Authorisations are valid for a maximum of three years. The vehicles must meet the operating conditions, including environmental and safety standards that are in force in the host country for buses and coaches and that are applicable without discrimination.
    4. Changes in operating conditions and the cancellation of the service are decided under the procedure set out in paragraphs 2 and 3 of this Article.
    If there is no longer any demand for the service, the operator can cancel it giving three months notice to the competent authorities which issued the authorisation and to customers.
    5. If a service is being operated on a sub-contracted basis, an authorisation is issued to the leading firm in which the names of the sub-contractors are mentioned provided that the transport is carried out on behalf of the leading firm.

Article 4

Shuttle services

1. Shuttle services operated by bus or coach with or without accommodation are subject to a system of authorisations issued by the competent authority in the country of departure, destination and transit.
    2. The authorisation application should be made to the competent authority in the country of establishment of the transport operator.
    The Joint Committee set up under Article 15 decides on the form and the content of the authorisation application, the procedure and the terms of agreement, as well as the supporting documents required.
    3. The Joint Committee can establish more liberal regime for the shuttle service.

Article 5

Occasional services

1. The occasional services operated by bus or coach are subject to a system of authorisations issued by the competent authority in the country of departure, destination and transit.
    2. As an exception to paragraph 1 of this Article, the services listed below are exempted from any authorisation system on the territory of the host country:
    2.1 closed-door tours whereby the same vehicle is used to carry the same group of passengers throughout the journey and to bring them back to the place of departure;
    2.2 services which make the outward journey laden and the return journey unladen;
    2.3 services which make the outward journey unladen and the return journey laden, provided that passengers:
    a) constitute a group formed under a contract of carriage entered into before their arrival in the territory of the Contracting Party where they are picked up and carried to the territory of the country of establishment;
    b) have been previously brought by the same carrier into the territory of the Contracting Party where they are picked up again and carried into the territory of the country of establishment;
    c) have been invited to travel into the territory of the country of establishment, the cost of transport being borne by the person issuing the invitation.
    3. The picking up of passengers on a liberalised service journey is not permitted unless special authorisation is granted.
    The Joint Committee set up under Article 15 hereof may extend the authorisation exemption to other categories of occasional services.
    The Joint Committee set up under Article 15 hereof decides on the way of issuing the authorisations.
    The occasional services exempted from authorisation requirement and operated using buses or coaches must be covered by a control document. The conditions of use and the content of the control document are laid down by the Joint Committee referred to in Article 15 hereof.

Article 6

Common provisions to passenger services

1. Transport authorisations are issued to the operator and are not transferable to other transport operators.
    2. The running of cabotage service is prohibited. Local trips organised solely for a group of passengers brought to that location by the same transport operator are not deemed to be cabotage services provided that they are entered on the waybill.
    3. Transport of vehicles which are damaged or have broken down and the transport of breakdown repair vehicles is exempted from authorisation requirements.
    4. Unladen runs by a vehicle sent to replace a vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that had broken down are also exempted from authorisation requirements.

P A R T I I I

G O O D S T R A N S P O R T

Article 7

Permit system

1. Transport operators established on the territory of a Contracting Party may, under the system of permits undertake on the territory of the other Contracting Party:
    a) transport between the territories of the two Contracting Parties;
    b) transport between a point on the territory of the other Contracting Party and a point on the territory of a third State.
    c) transit transport.
    2. Cabotage is only permitted with the special authorisation of the host country.

Article 8

Exemption from permit requirements

1. As an exception to Article 7, the following categories of transport are exempted from permit requirements:
    a) Transport by vehicles whose Total Permissible Laden Weight [TPLW], including trailers, does not exceed 6 tonnes, or when the permitted payload, including trailers, does not exceed 3.5 tonnes.
    b) Transport on an occasional basis, to or from airports, in cases where air services are diverted.
    c) Transport of vehicles which are damaged or have broken down and the transport of breakdown repair vehicles.
    d) Unladen runs by a vehicle sent to replace a vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that had broken down.
    e) Transport of spare parts and provisions for ocean and river going ships and aircraft.
    f) Transport of goods needed for emergencies, more particularly in response to natural disasters and for humanitarian needs.
    g) Transport of works and objects of art for fairs and exhibitions or for non-commercial purposes.
    h) Transport for non-commercial purposes of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, and those intended for radio recordings, or for film or television production.
    i) Funeral transport.
    j) Household removals carried out by enterprises with special staff and equipment for this purpose.
    k) Post transport.
    2. The Joint Committee referred to in Article 15 hereof may exempt from permit requirements other types of transportation of separate loads or of all loads along definite destinations.

Article 9

Permit conditions

1. The competent authorities of the two Contracting Parties exchange agreed number of blank permit forms every year.
    Permits are issued to resident transport operators by the competent authority or by a body designated by the said authority.
    2. Permits are issued to the transport operator and are not transferable to third parties. Permits can only be used for one vehicle at a time.
    3. In the case of combination of vehicles, the motor vehicle is the determining factor in permit usage or exemption.
    4. The permits shall be valid until 31 January of the successive calendar year.
    5. The Joint Committee referred to in Article 15 hereof determines the number and type of permits in compliance with Article 7, which the Contracting Parties shall exchange each year, as well as any further conditions governing permit issuance.

P A R T I V

C O M M O N P R O V I S I O N S

Article 10

Tax provisions

1. Transport by means of vehicles registered on the territory of a Contracting Party temporarily operating on the territory of the other Contracting Party under the terms of this Agreement is exempted from payment of all taxes related to the ownership, registration and running of the vehicle as well as special taxes on transport services.
    2. The fuel contained in the normal by the manufacturer built-in fixed tanks of the vehicle intended to drive the vehicle and operate motor vehicles, as well as lubricants and spares are exempted from all import duty in the territory of the host country provided that the transport operator complies with the relevant customs regulations.
    3. The transport covered by this Agreement is subject in the host country to the road user charges, tolls and other duties levied for the use of the road network or bridges. The tolls and other charges are levied on transport operators of both Contracting Parties indiscriminately. The Joint Committee referred to in Article 15, can on reciprocal basis exempt certain types of transportation from road user charges.

Article 11

Weights and dimensions

1. The permissible maximum weight, axle weight and dimensions of vehicles must not exceed those entered in the registration documents nor the upper limits in force in the host country.
    2. The transport in the host country by vehicles whose weight, dimensions or load exceed the permissible upper limits is permitted only with a special permit issued by the competent authorities of the host country in advance.

Article 12

Equipment and other characteristics

1. Vehicles carrying dangerous goods or perishable goods must be fitted out and equipped in accordance with the requirements of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) and the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for Such Carriage (ATP).
    2. Equipment used to monitor crew driving and rest time on vehicles must comply with the provisions of the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR).
    3. The Contracting Parties undertake to promote, within the framework of this Agreement, the use of vehicles meeting safety and environmental standards.
    The Joint Committee referred to in Article 15 can when determining the quotas and future liberalisation, give more favourable treatment to vehicles that meet the most modern safety and environmental standards.

Article 13

Control

The permits, control documents and other papers that are required in addition under this Agreement must be kept in vehicles and produced at the request of control officials.

Article 14

Obligations of transport operators and penalties

1. The transport operators of a Contracting Party and the crews of their vehicles must, when on the territory of the other Contracting Party, comply with the laws and regulations in force in that country.
    2. The competent authorities in the country of establishment may, in the event of serious or repeated infringements committed on the territory of the host country, and at the latter’s request, take the following administrative action:
     – issue a warning,
     – prohibit access to the territory of the Contracting Party where the infringement(s) was (were) committed.
    In particularly serious cases, the competent authority of the host country may temporarily prohibit the access of the infringer to its territory pending a decision by the authority in the country of establishment.
    The Contracting Parties shall keep each other mutually informed on decisions taken.

Article 15

Collaboration and Joint Committee

1. The competent authorities of the Contracting Parties shall take the necessary steps to implement and apply this Agreement and pass on any useful information to each other. The competent authorities shall also keep each other mutually informed of any change in national law affecting the application hereof.
    The competent authorities shall afford each other mutual assistance for the purpose of implementing this Agreement.
    2. A Joint Committee shall be set up by the Contracting Parties for the purpose of the implementation of this Agreement and to handle the issues related to this Agreement, and generally, for reviewing all questions concerning relations between the Contracting Parties in the field of road transport.

P A R T V

F I N A L P R O V I S I O N S

Article 16

Entry into force and duration of the Agreement

1. This Agreement shall enter into force 30 days from the date of receipt of the second notification by which the Contracting Parties inform each other that the requirements of the respective national legislation pertaining to the entry into force of this Agreement have been fulfilled.
    2. This Agreement shall remain in force for an indefinite period of time. Either Contracting Party may denounce it by giving six months written notice sent through diplomatic channels.
    3. Upon the date of entry into force, this Agreement shall terminate the obligations of the two Contracting Parties arising from the Agreement between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the People’s Republic of Bulgaria Regulating the Road Transport of Passengers and Goods, signed at Belgrade on 17 July, 1964, as well as the Agreement between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the People’s Republic of Bulgaria on Cooperation in the Field of Road Transport of Passengers and Goods for the period until 1980, signed at Sofia on 8 July, 1977.
    In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
    Done at Ljubljana this 22nd day of January 1999 in two originals in the English language.

For the Government of the Republic of Slovenia
Anton Bergauer (s)
for the Government of the Republic of Bulgaria
Valentin Vassilev (s)