Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Svetom ministrov Bosne in Hercegovine o sodelovanju pri varstvu pred naravnimi in drugimi nesrečami (BBHSVN)

Convinced of the necessity for mutual co-operation in the prevention and mitigation of the consequences of natural and other disasters (hereinafter referred to as “disasters”);

Considering the role of the European Union, the United Nations and other international organisations in the area of protection against disasters;

Have agreed as follows:

(1) This Agreement shall regulate the framework of conditions for the voluntary provision of mutual assistance in the event of disasters in the territory of the other Party, co-operation in the area of disaster prevention and other forms of mutual co-operation.

(2) Co-operation between the Parties shall follow the principles of reciprocity and shall be conducted within the capabilities of the Parties.

(1) Co-operation between the Parties shall include, in particular, the following areas:

a) exchange of scientific and technical knowledge and experience in the area of protection against disasters;

b) education and training of personnel who participate in protection and rescue activities;

c) development and production of protection and rescue equipment;

d) notification of disaster risks and their consequences;

e) assistance in the case of disasters in the area of protection and rescue, as well as the elimination of their consequences.

(2) For the implementation of this Agreement and the realisation of co-operation in the areas referred to in the previous paragraph, the Parties may conclude implementing arrangements.

(3) The Parties shall promote co-operation among national authorities and governmental and non-governmental institutions and organisations engaged in the area of protection against disasters.

Terms used in this Agreement shall have the following meanings:

a) "natural and other disasters" are disasters caused by natural forces, industrial activity and other man-made events (excluding war), which endanger life, property and the environment and significantly worsen living conditions;

b) "data and information on threats" is data and information on disasters, the purpose of which is the early notification of imminent danger and the implementation of protection and other measures in ensuring security for people, property and the environment;

c) "protective measures" are preventive and protective measures and activities for the prevention, mitigation and elimination of threats to the population and for the preservation of material goods and the environment;

d) "rescue and disaster relief" are the activities of all rescue forces and resources, the purpose of which is the direct or indirect mitigation and elimination of the consequences of disasters;

e) "rescue and disaster relief teams and individuals providing assistance" are adequately trained and equipped teams and persons designated by the sending State for the provision of assistance;

f) "protection, rescue and other equipment" are means of personal and collective protection, rescue equipment, means of transport (vehicles, vessels and aircraft), and technical and other means used by rescue and disaster relief teams and individuals providing assistance;

g) "humanitarian aid" is food, potable water, medicines, medical supplies and other items intended for free distribution to the affected or threatened population as assistance in mitigating the consequences of disasters;

h) "receiving State" is the State of the Party whose competent authorities request disaster relief from the State of the other Party;

i) "sending State" is the State of the Party whose competent authorities grant the assistance request of the State of the other Party;

j) "State of transit" is a State whose territory is crossed by rescue and disaster relief teams and individuals providing assistance and equipment for the needs of the Parties.

(1) Authority for the implementation of this Agreement shall lie with:

– in the Republic of Slovenia: the Ministry of Defence – Administration of the Republic of Slovenia for Civil Protection and Disaster Relief;

– in Bosnia and Herzegovina: the Ministry of Security – Protection and Rescue Sector.

(2) The competent authorities shall meet as necessary for the efficient implementation of the Agreement.

(3) In implementing this Agreement, the competent authorities referred to in Paragraph 1 of this Article shall be authorised to establish direct contacts and connections. The competent authorities shall exchange addresses and data on telecommunication links (telephone, fax and electronic mail) and points of contact.

(4) The Parties shall inform each other in writing of any subsequent changes of competent authorities and their addresses, telecommunication links and points of contact, no later than 30 days following the date of the change.

The Parties shall encourage co-operation amongst the humanitarian organisations of the two Parties in the area of protection against disasters.

(1) The Parties shall inform each other of scientific and technical findings and experience for the purpose of anticipating and eliminating disasters, as well as more efficient protection and rescue.

(2) The Parties shall exchange information on applicable national law in the area of protection against disasters.

(3) The Parties shall also strive for the efficient use of the results and findings of scientific and technical co-operation in the area of protection against disasters in economic and other forms of co-operation.

The Parties shall promote co-operation in the area of education and training of personnel who participate in protection and rescue activities through:

a) the establishment of direct links and co-operation between educational organisations and the exchange of lecturers, instructors and other experts;

b) the organisation of education and training of personnel;

c) the exchange of training materials, as well as experience gained during protection and rescue activities;

d) the organisation of joint exercises in the area of protection and rescue.

The Parties shall encourage co-operation between government institutions and business entities in the areas of technological development and production of protection and rescue equipment.

(1) The Parties shall inform each other of threats and disasters that may threaten or affect either Party.

(2) A notification of a threat or disaster shall contain: a description of the threat or disaster, information on the location, time, scale and consequences of the disaster, as well as on protective measures taken.

(3) In the event of a disaster, the Parties shall also inform each other of the required and available assistance, and the possibilities and manner of its provision.

(4) A notification of a threat or disaster may be communicated in writing or orally in the languages of the Parties. Oral notification must be confirmed in writing.

(5) The authorities of the parties referred to in Paragraph 1 of Article 4 shall be competent for the notification of threats and disasters and for sending and receiving requests for assistance.

(1) The State of the Party affected by a disaster may request assistance from the State of the other Party. Assistance may include rescue teams, individuals, protection and rescue equipment and humanitarian aid.

(2) A request for the assistance referred to in Paragraph 1 of this Article must contain: information on the type and scope of required assistance, information on the institutions and persons with whom a link needs to be established and a proposal for the manner of providing assistance.

(3) Assistance shall be provided in accordance with the regulations of the States of the Parties.

(1) In order to provide faster and more efficient assistance in protection and rescue during disasters as well as the elimination of the consequences of a disaster, the Parties shall grant rescue and disaster relief teams and individuals providing assistance a simplified procedure for crossing state borders.

(2) The authorities referred to in Paragraph 1 of Article 4 shall agree on the time and location of crossing the state border, on the manner of arrival and departure, and on the duration of stay for the rescue and disaster relief teams and individuals providing assistance in the territory of the State of the other Party.

(3) Rescue and disaster relief teams and individuals providing assistance must possess valid documents issued by the competent authorities of the sending State for border crossings.

(4) Rescue and disaster relief teams and individuals providing assistance shall be entitled to wear their uniforms in the territory of the State of the other Party.

(5) Bringing weapons, ammunition and explosive ordnance into the territory of the State of the other Party is forbidden.

(6) The Parties shall also ensure implementation of this Article in the event of one of the States thereof being a State of transit. The authorities referred to in Paragraph 1 of Article 4 shall, within the shortest time possible, inform each other of transit requirements, specify implementation procedures and, if necessary, provide the transit group with an official escort during transit.

(1) In the event of disasters, the Parties shall simplify procedures in relation to the temporary import, export and transportation of protection and rescue equipment and disaster relief across the state border. When crossing the state border, the rescue team leader must submit a list of protection and rescue equipment and means of disaster relief to the competent authority at the border crossing of the receiving State.

(2) Rescue and disaster relief teams and individuals providing assistance may only take such protection and rescue equipment and means across the state border as are required for their own provision and operation, and for disaster relief.

(3) No international prohibitions and restrictions applicable to the import and export of commercial goods shall apply for importing and exporting protection and rescue equipment and means of disaster relief (on a temporary basis). Should protection and rescue equipment not be used, it must be returned to the sending State. In the case of resources or equipment remaining as aid in the receiving State, the competent authority of the receiving State must be notified of the type, quantity and location of the equipment. This authority shall relay this information to the relevant customs authorities. In this case, the regulations of the receiving State shall apply.

(4) The provisions of Paragraph 3 of this Article shall also apply to the temporary importation of medicines containing narcotics and psychotropic substances into the receiving State, and to the return of any unused quantities of these to the sending State. The temporary import and export of narcotics and psychotropic substances shall not be considered as the import and export of goods in foreign trade. Medicines containing narcotics and psychotropic substances may only be imported in the quantities required for emergency medical aid and used under the supervision of medical professionals with proper medical training, in accordance with the regulations of the sending State.

(5) The sending State shall inform the receiving State of the quantities of any medicines containing narcotics and psychotropic substances used.

(6) The Parties shall allow the use of any necessary protection and rescue equipment and humanitarian aid in the receiving State without formal proceedings, deposits, payments or other such levies.

(1) Aircraft and vessels may be used for the emergency transportation of rescue and disaster relief teams or individuals providing assistance, of protection, rescue and other equipment, and of other types of assistance in accordance with this Agreement.

(2) The authority requesting assistance must be immediately informed of the provision of disaster relief and the use of aircraft and vessels for protection and rescue and given detailed information on the types and codes of the aircraft or vessels, their crews, cargo and other required parameters. The receiving State shall specify the time, planned flight or navigation route and arrival location.

(3) The provisions of Article 11 of this Agreement, with regard to crossing the state border, shall apply as appropriate for aircraft and vessel crews, and for rescue and disaster relief teams and individuals providing assistance. The provisions of Article 12 of this Agreement shall apply for aircraft and vessels, protection and rescue equipment transported and disaster relief.

(4) The regulations of the States of the Parties governing aircraft flights shall apply to the use of aircraft. Each flight plan must contain the required information concerning the planned aircraft flight or part thereof and must be submitted to Air Traffic Service Units. The Parties shall be bound by the standards and guidelines of the International Civil Aviation Organization.

(5) The use of vessels shall be subject to the regulations of the States of the Parties in relation to navigation on waterways, as well as international regulations and standards. The Parties shall be bound by the standards and guidelines of the International Maritime Organization.

The use of military aircraft and military vessels for the purposes of this Agreement shall only be permitted in agreement with the receiving State.

(1) The competent authorities of the receiving State shall, in all cases, be responsible for the management of rescue operations and the provision of assistance.

(2) The authorities referred to in Paragraph 1 of this Article shall only entrust tasks to leaders of rescue teams of the sending State, who shall, in turn, inform their subordinates of the details of execution.

The competent authorities of the receiving State shall provide rescue and disaster relief teams and individuals providing assistance of the sending State with emergency medical aid and care as well as proper protection and support.

(1) The sending State shall not be entitled to claim reimbursement of costs from the receiving State for providing assistance. This shall also apply to any costs incurred through the use, damage or loss of protection, rescue and other equipment, including transportation means.

(2) Costs of assistance provided by legal or natural persons through the sending State shall be covered by the receiving State. The receiving State must request this assistance directly and agree to reimburse the costs of any assistance received.

(3) Transportation means used for the provision of assistance shall be exempt from payment for the use of traffic infrastructure and possible charges or other contributions.

(4) Should rescue and disaster relief teams and individuals providing assistance run out of the supplies brought with them, the receiving State shall cover the costs of their upkeep, accommodation and necessary supplies until the completion of their mission. If required, proper logistical support and medical care shall also be provided for them.

(1) The Parties shall renounce all claims for reimbursement for damage to protection, rescue and other equipment and to transportation means, provided that the damage is caused by the rescue and disaster relief teams or individuals providing assistance according to this Agreement, and that the damage is not intentional.

(2) The Parties renounce all entitlement to compensation in cases of personal injuries, permanent consequences to health or death of participants in rescue operations, if these have occurred as a result of the performance of the tasks in this Agreement, except in cases where it is intentional.

(3) In the case of injury inflicted on third persons when performing tasks covered by this Agreement, the receiving State shall assume responsibility, as if the damage was caused by its own rescue and disaster relief teams and individuals providing assistance, except in cases when injury is inflicted deliberately by the rescue and disaster relief teams or individuals providing assistance of the sending State.

(4) The damage liability specified in Paragraphs 1 and 2 of this Article shall exist from arrival in the territory or airspace of the receiving State to departure from its territory or airspace.

(5) The provisions of this Article shall also be implemented in the event of the States of the Parties being States of transit.

(1) The competent authorities of the Parties shall provide information and communication links, in particular telephone, radio and other links between the authorities, rescue and disaster relief teams and individuals providing assistance, in accordance with this Agreement and while respecting internationally agreed rules of communication. The competent authorities of the Parties shall also provide Internet access.

(2) The Parties shall exchange lists of radio frequencies authorised for communication in the territories of their States.

(1) The Parties shall establish a Joint Standing Commission for the implementation of certain tasks under this Agreement, consisting of representatives of the competent authorities specified in Paragraph 1 of Article 4.

(2) The Joint Standing Commission shall have an equal number of members from each State of the Party. The Parties will nominate at least three members of the Joint Standing Commission and inform each other accordingly.

(3) The tasks of the Joint Standing Commission under this Agreement shall be the:

– resolution of specific organizational and technical issues,

– definition of methods for maintaining communication and

– mutual notification and the preparation of any rules of procedure.

(4) The Joint Standing Commission shall meet at least once a year, alternately, in the territories of the States of the Parties. The Parties may propose an early meeting of the Joint Standing Commission.

(1) The Agreement is concluded for an indefinite period of time.

(2) The Agreement shall enter into force on the date of receipt of the last notification that the necessary requirements for its entry into force have been fulfilled.

This Agreement shall not prejudice the rights and obligations of the Parties arising from other international agreements.

The Parties shall resolve disputes in relation to the interpretation or implementation of this Agreement exclusively by mutual consultation and negotiation.

(1) The Parties may amend the Agreement by signing a separate protocol that shall enter into force in accordance with Paragraph 2 of Article 21 of this Agreement.

(2) Written notices of the Parties on the modification of data about competent authorities and their addresses, telecommunication links and points of contact shall not be regarded as amendments to the Agreement.

(1) Either Party shall have the right to terminate this Agreement in writing through diplomatic channels. Termination of the Agreement shall take effect three months from the date of receipt of the notification of its termination.

(2) Termination of this Agreement shall not prejudice the obligations regarding its implementation that are still applicable on the date of its termination.

Done at Ljubljana on 30. 9. 2011 in two original copies in the Slovene language, the official languages of Bosnia and Herzegovina (Bosnian, Croatian and Serbian) and the English language, all texts being equally authentic. In case of divergence of interpretation, or application of the provisions of this Agreement, the English version shall prevail.