Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Organizacijo severnoatlantskega pakta o tranzitu za KFOR (MOSAPK)

The Government of the Republic of Slovenia
    represented by
    His Excellency Mr. Matjaž Šinkovec, Ambassador
    Head of the Mission of the Republic of Slovenia to NATO
    and
    The North Atlantic Treaty Organisation
    represented by
    His Excellency Mr. Javier Solana
    Secretary General of the North Atlantic Treaty Organisation
    Considering United Nations Security Council Resolution no 1160 of 21 March 1998, no 1199 of 23 September 1998 and no 1203 of 24 October 1998;
    Considering UN Security Council Resolution 1244 (1999) of 10 June 1999, which welcomes the general principles on a political solution to the Kosovo crisis adopted on 6 May 1999 (S/1999/516, Annex 1 to the Resolution) and welcomes also the acceptance by the Federal Republic of Yugoslavia of the principles set forth in points 1 to 9 of the paper presented in Belgrade on 2 June 1999 (S/1999/649, Annex 2 to the Resolution), and the Federal Republic of Yugoslavia’s agreement to that paper;
    Noting that UN Security Council Resolution 1244 (1999) of 10 June 1999, acting under Chapter VII of the Charter of the United Nations, decides on the deployment in Kosovo, under United Nations auspices, of civil and security presences, with appropriate equipment and personnel as required, and welcomes the agreement of the Federal Republic of Yugoslavia to such presences;
    Noting that UN Security Council Resolution 1244 (1999) of 10 June 1999, acting under Chapter VII of the Charter of the United Nations, authorizes member States and relevant international organizations to establish the international security presence in Kosovo as set out in point 4 of Annex 2 of the said Resolution with all necessary means to fulfil its responsibilities under paragraph 9 of the said UN Security Council Resolution;
    Determined to resolve the grave humanitarian situation in Kosovo and to provide for the safe and free return of all refugees and displaced persons to their homes;
    Noting that the Republic of Slovenia has ratified on 18th December 1995 the Agreement among the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace regarding the Status of their Forces (PfP SOFA) and its Additional Protocol;
    In order to realize the conditions for adequate arrangements regarding the access and transit through the territory of the Republic of Slovenia of NATO and NATO personnel within the framework of the Operation;
    Have agreed as follows:
    1. For the purposes of the present Agreement:
    – ”NATO” means the North Atlantic Treaty Organization, its subsidiary bodies, its military Headquarters, specially constituted forces for the purpose of the Operation, and any elements/units of NATO member States forming any part of a force or supporting such force, under coordinated authority of NATO, acting in support of, preparing and participating in the Operation;
    – ”NATO personnel” means the military, civilian and contractor personnel assigned or attached to, or employed by NATO and/or its member States, participating in the Operation, with the exception of personnel locally hired;
    – ”the Operation” means the support, implementation, preparation and participation by NATO and NATO personnel in respect of the deployment of effective international civil and security presences in Kosovo;
    – ”Transit” means the entry into for the purpose of passage through the territory of the Republic of Slovenia by air, road, railroad, or through inland waterways, and the presence within the territory of the Republic of Slovenia to the extent necessary for such passage without unnecessary delay.
    2. The Government of the Republic of Slovenia shall allow the free and unimpeded transit over land, rail, road, water or through air of all NATO personnel and cargo, equipment, goods, and materiel of whatever kind, including ammunition, required by NATO for the execution of the Operation, through the territory of the Republic of Slovenia, including Slovenian airspace and territorial waters.
    3. The Government of the Republic of Slovenia shall provide or assist to provide, at the lowest possible cost, such facilities or services, as determined by NATO, which are necessary for the free and unimpeded transit.
    4.(i) Goods transported by NATO as transit through the Slovenian customs territory under the present Agreement is carried out in accordance with NATO document form 302 or inventory list of goods contained in a prior transit notice, mentioned in paragraph 4 (iii) hereof.
    (ii) The authorities of the Republic of Slovenia shall facilitate with all appropriate means all movements of personnel, vehicles and/or supplies, through ports, rails, airports or roads used. Vehicles, vessels and aircraft in transit shall not be subject to licensing or registration requirements, nor commercial insurance. NATO shall be permitted to use airports, rails, roads and ports without payment of duties, dues, tolls, charges or any other taxes whatsoever their nature may be. No charges may be assessed against NATO for accompanying any road transport whether trucks are government owned or chartered. No charges may be assessed against NATO for air navigation, overflight, landing, parking or takeoff of aircraft operated by or for NATO. Similarly, no charges may be assessed against ships operated by or for NATO, for the mere entry and exit of ports. NATO shall not claim exemption for reasonable charges for services requested and received, but transit shall not be allowed to be impeded pending negotiations on payment for such services. The equipment shall be transported in special containers, in accordance with international conventions on transport of explosives and other dangerous materials.
    (iii) NATO shall communicate to the Authorities of the Republic of Slovenia advance notice of every transit, containing information on the point of entry at the frontier, the number of vehicles in the convoy, units transiting and a basic general description of goods. The advance notice will be transmitted at least 24 hours prior to the intended entry, unless special arrangements are made. The routes to be followed will be commonly agreed upon.
    5. NATO shall be permitted to display the NATO flag and/or national flags of its constituent national elements/units on any NATO uniform, means of transport or facility.
    6. NATO shall be allowed to operate its own telecommunications services. This shall include the right to utilise such means and services as required to assure full ability to communicate, and the right to use the electro-magnetic spectrum as agreed, for this purpose, free of cost. The conditions regarding the use of telecommunications will be agreed between NATO and the competent Slovenian authorities. The use of these means will in no way damage or harm the existing national communication systems.
    7. Failing any prior settlement, disputes with regard to the interpretation or application of the present agreement shall be settled between the Republic of Slovenia and NATO Representatives by diplomatic means.
    8. Supplemental arrangements may be concluded to facilitate any details connected with the present Agreement.
    9. The Government of the Republic of Slovenia shall accord for the transit of non-NATO states and their personnel participating in the Operation the same privileges and immunities as those accorded under the present Agreement to NATO States and personnel.
    10. Except as otherwise provided for in the present Agreement, the provisions of the PfP SOFA shall apply with regard to the Operation, notwithstanding that some States have signed but not yet ratified the PfP SOFA.
    11. The Agreement enters into force on the date when both Parties inform each other that all their procedures required for the entry into force of the Agreement have been fulfilled; it shall be applied provisionally as from the date of its signing.
    12. The Agreement remains in force until the completion of the Operation; however, either Party may denounce it at any time on giving 30 days notice.
    In witness whereof, the undersigned, been duly authorised, have signed this Agreement.
    Done at Brussels, this 30th day of July, 1999, in two originals, in the English and French languages, both texts being equally authoritative.