Uredba o ratifikaciji Protokola o načinu delovanja na meji med Republiko Slovenijo in Republiko Hrvaško za sprostitev prometa in izboljšanje sodelovanja v boju proti carinskim goljufijam

The Customs Administration of the Republic of Slovenia and the Customs Directorate of the Republic of Croatia (hereafter the Parties)
    based on Protocol No 5 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, which was signed on 21 December 2004 and entered into force on 1 October 2005, and
    having regard to the Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia regarding mutual assistance in customs matters, signed on 10 June 2005 on the Brioni Islands,
    considering the commitments that the Parties assumed with the International Convention on the Harmonisation of Frontier Controls of Goods, concluded in Geneva on 21 October 1982, and
    recognising the need for simplification and adjustment of the procedures determined for the execution of customs formalities and regulations valid on the territories of the Parties, and for the protection of the economic and financial interests of the two Parties,
    have agreed as follows:

Article 1

Definitions of terms

a) »Customs legislation« will mean laws and regulations enforced by the Customs Authorities concerning importation, exportation, and transit of goods, as they relate to customs duties, charges and other controls in respect of the movement of goods across national boundaries;
    b) »Customs authority« will mean in the Republic of Slovenia, the Ministry of Finance – the Customs Administration of the Republic of Slovenia and in the Republic of Croatia, the Ministry of Finance – the Customs Directorate of the Republic of Croatia;
    c) »International Convention« will mean the International Convention on the Harmonization of Frontier Controls of Goods, concluded at Geneva on 21 October 1982;
    d) »Sensitive goods« will mean goods which require special supervision. The Parties will each for its own part specify them in the form of lists of goods;
    e) »Applicant authority« will mean the customs authority which makes a request for assistance or which receives assistance;
    f) »Requested authority« will mean the customs authority which receives a request for assistance or which renders such assistance.

Article 2

Scope of the Protocol

The Parties agree that this Protocol will be applied exclusively to the measures taken for relief of traffic and exchange of data in order to enhance cooperation in the fight against customs fraud.
    All cooperation and assistance under this Protocol will be performed by the Parties in accordance with their relevant laws, rules, and other legal instruments. In addition, all cooperation and assistance under this Protocol by either Party will be performed within the competence and available resources of its customs authority.
    The provisions of this Protocol will not affect the obligations of the Parties under any other international agreement or convention.

Article 3

Liability for the authenticity of data

The Parties will not assume any liability whatsoever for the authenticity of data specified in transport documents or acquired by means of electronic data exchange, in particular regarding data about the actual presence of goods on the vehicle. In case of misdeclared goods the Parties will apply sanctions in accordance with their national regulations.

Article 4

Scope of the Cooperation

The Parties will seek to cooperate in:
    a) simplification and adjustment of the procedures in the respect of the movement of goods across border crossings between the Republic of Slovenia and the Republic of Croatia ensuring the compliance with customs legislation;
    b) establishing and maintaining channels of communication between the customs authorities to facilitate the secure and rapid exchange of information;
    c) facilitating effective coordination between the customs authorities;
    d) establishing and maintaining working methods which will prevent breach of customs legislation on the border crossings between the Republic of Slovenia and the Republic of Croatia;
    e) electronic data exchange;
    f) exchange of information regarding border crossings of empty vehicles;
    g) exchange of data regarding the transport of sensitive types of goods;
    h) data exchange with a view to prevent breaches of regulations and in order to complete customs proceedings;
    i) exchange of information regarding transfer of goods of considerable value in passenger traffic;
    j) elimination of bottlenecks at border crossing points between the Republic of Slovenia and the Republic of Croatia.

Article 5

The exchange of data by means of certifying CMR consignment notes or other relevant commercial documents

In order to ensure that goods are identically declared upon leaving the first country and on entering the second country, the Parties undertake to endorse CMR consignment notes or commercial documents on the exit of goods from their country. The customs authorities of the country of exit are obliged to compare the details in the customs documents endorsed on exit with the details in CMR consignment notes or other commercial documents. The data in the customs documents must be reconciled with the details in CMR consignment notes before they are endorsed. The procedure of endorsement will be carried out in accordance with the agreement of both Parties.

Article 6

Electronic data exchange

The Parties will transmit the data by means of safe Internet connection. The customs authority of the country of exit will send data regarding exiting goods electronically. After the goods have been declared in the country of entry, the customs authority of this country will return the message containing confirmation of the entry of goods and information regarding goods declared on entering the country.

Article 7

Exchange of data regarding the border crossings of empty vehicles

Data regarding the border crossings of empty vehicles will be communicated electronically.

Article 8

The use of a control document

In order to accelerate border crossing of goods and to improve customs controls, a control document may be introduced at individual border crossing points. Its aim is to enable the monitoring of all activities of individual subjects involved in the procedure from confirming the exit in the country of exit to releasing goods in the relevant procedure in the country of entry. A system of computer read magnetic cards may also be used as a control document.

Article 9

Notification of sensitive goods

The Parties will exchange the information regarding the exit of sensitive goods in a manner that will be agreed by the heads of the customs offices on each side of the border crossing, with due regard to capacities and available facilities. Depending on the computer system of each Party this information shall be transmitted in such a way that a four-digit code for goods is entered in the first four-digit subdivision under the heading »nature of goods«. The red stamp with the inscription »SENSITIVE GOODS« will be affixed on CMR consignment notes. The letters must be 1 cm high.

Article 10

Data exchange on request

When a Party wishes to check the actual exit of goods at a designated border crossing, it will forward a request for confirmation of the exit of goods to the customs service at the border-crossing point of entry by using the special form. The customs authorities in the country of entry will confirm the entry of goods by returning an authenticated copy of the entry document, an authenticated computer print-out or other relevant document which guarantees the identity of the goods subject to checks.

Article 11

Exchange of information regarding transfer of goods of considerable value in passenger traffic

Information regarding exit of goods of considerable value as well as any information regarding breaches of customs legislation in passenger traffic will be exchanged. Data regarding transfer of goods will be exchanged over the phone and/or by faxed messages. The technical details and the manner in which the information is exchanged will be agreed by the heads of border crossings with regard to the infrastructure of each border crossing. A Mixed Working Group responsible for the implementation of this Protocol will determine nature of goods and amounts that represent goods of considerable value.

Article 12

Elimination of bottlenecks at border crossing points

The Parties will take all possible measures to eliminate the bottlenecks at border crossing points, so that there are no solid queues between the check point of exit and the check point of entry of the Parties, such as would impede the expeditious movements of vehicles from one country to another. The Parties will coordinate activities to relieve congestion, when such occasion occurs, through the heads of the customs offices with due regard to the facilities and the characteristics of each border crossing point, and will appoint staff that will be in direct contact.
    The Parties undertake to ensure good organisation of work and the continuous presence of the necessary staff at border crossing points in order to reduce waiting times for vehicles.

Article 13

Mixed Working Group

A Mixed Working Group will be established consisting of representatives of the Parties which will meet at least once a year or more frequently, if required.
    The Mixed Working Group will:
    (a) see to the proper implementation of this Protocol;
    (b) examine all issues arising from its application;
    (c) take measures necessary for customs cooperation and recommend measures aimed at attaining the objectives of this Protocol;
    (d) exchange views on all points of common interest regarding customs cooperation;
    (e) determine and, if necessary, change the procedure of certifying CMR consignment notes, lists of sensitive goods, the contents of the form for data exchange on the basis of a received request, notification of the presentation of uncertified consignment notes, and the form with details about types of data to be exchanged.
    The heads of working groups will be responsible for solving problems and will contact each other as soon as one of the Parties is faced with a problem or the need to harmonize the implementation of the Protocol.

Article 14

The exchange of stamps

The Parties will exchange the imprints of stamps used for the application of the agreed procedures. If several stamps are used for the same endorsement, they must be consecutively numbered and their imprints exchanged.

Article 15

Additional measures

The Parties may take additional organisational and technical measures necessary for the implementation of this Protocol considering the specific infrastructure of each border crossing point.

Article 16

Costs

The Parties will waive all claims for reimbursement of costs incurred by the execution of this Protocol. If expenses of a substantial or extraordinary nature are, or will be, required to execute a request, the Parties will consult to determine the terms and conditions under which the request will be executed, as well as on the manner in which the costs will be borne.

Article 17

Implementation of the Protocol

The Parties agree that the proposed procedure regarding data exchange will be progressively introduced at all inland border crossing points between the Republic of Slovenia and the Republic of Croatia. The procedure will be primarily introduced at the border crossing point Obrežje–Bregana. After this Protocol has been applied for three months, the Parties will consult on the possibility of its introduction at other border crossing points.

Article 18

Entry into force and termination

This Protocol will enter into force on the day of receipt of the last written notification by which the Parties notify each other of the completion of the internal procedures necessary for its entry into force, however it will apply provisionally from the date of its signing.
    This Protocol may be amended on the basis of mutual agreement of both Parties. Amendments must be in written form. Amendments will enter into force in accordance with the procedure determined in paragraph 1 of this Article.
    Each Party may terminate this Protocol at any time in writing. The termination will take effect three months following the date of receipt of such notification. Ongoing procedures at the time of the termination will nonetheless be completed in accordance with the provisions of this Protocol.
    Signed in Zagreb on 13(na th) February, 2007 in two original copies in English.