mag. Anton Bergauer, l. r.
Za Vlado Republike Moldove
Nicolae Tăbăcaro, l. r.
The Government of the Republic of Slovenia and the Government of the Republic of Moldova hereinafter called “Contracting Parties”,
desiring to promote the mutually advantageous development of commercial and economic relations and to facilitate and regulate the international road transport of passengers and goods between and in transit through their countries, as well as the road transport to/from third countries,
concerned about environment and people protection, the rational use of energy, road safety and the improvement of drivers’ working conditions;
have agreed as follows:
SECTION I - GENERAL PROVISIONS
Article 1
Scope
1. The provisions of this Agreement shall apply to the international road transport of passengers and goods between the Republic of Slovenia and the Republic of Moldova and in transit through their territories carried out by the carriers of the countries of both Contracting Parties who are authorized to it according to national legislation of the respective country.
2. The present Agreement does not affect the rights and obligations which arise for both Contracting Parties from the other international commitments nor does it affect European Union law or the agreements between EU and non-member States.
3. The Competent Authority of Contracting Parties responsible for the implementation of this Agreement is:
– from the Government of Republic of Slovenia: the Ministry of Transport and Communications,
– from the Government of Republic of Moldova: the Ministry of Transport and Communications.
Article 2
Definitions
In this Agreement:
1. “Transport” means the runs by a vehicle, either laden or unladen even if the vehicle, trailer or semi-trailer is carried by train or boat for part of the journey.
2. “Transport Operator” means any natural person or legal person established on the territory of one the Contracting Parties and registered to carry out transport operations of passengers or goods.
3. “Vehicle” means any 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 carrier through being its own property or through a hiring or leasing contract.
4. “Bus” means vehicle registered in the territory of one of the Contracting Parties and by virtue of construction and equipment suitable and intended for the transport of passengers, which have, in addition to the driver’s seat, more than eight sitting places.
5. “Regular passenger service” means a service which carries passengers over a specified route, according to a timetable and rates set and published in advance. Passengers are picked up or set down at predetermined stopping points.
6. “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. The place of departure and destination respectively means 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.
A shuttle service may include accommodation of passengers at its destination and, if need be, on the journey.
The first return journey and the last outward journey in a series of shuttles are made unladen.
7. “Occasional passenger transport” 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.
8. “Cabotage” means the transport of passengers or goods carried out by a transport operator of the Contracting Party between individual places within the territory of the other Contracting Party.
9. “Territory of a Contracting Party” means respectively the territory of the Republic of Slovenia or the territory of the Republic of Moldova.
10. “Country of establishment” means the territory of the state of one Contracting Party where the vehicle is registered.
11. “Host country” means the territory of a Contracting Party in which the transport operator is operating without its vehicle being registered there and without the transport operator being established there.
SECTION II - PASSENGER TRANSPORT
Article 3
Regular services
1. Regular services operated by bus are subject to a system of authorisations issued by the competent authority in the country of departure, and destination.
2. The authorisation application is to be presented to the Competent Authority of the Contracting Party where the applicant is established and where his vehicles are registered.
3. The application according to paragraph 2 shall include at least the following data:
a) the carrier’s name as well as his business address or domicile, respectively also the place of business with full address,
b) the kind of transport,
c) the required period of validity of the authorisation,
d) the operating regime of the regular service,
e) the time-table,
f) the itinerary of the service (all stopping points for taking up and setting down of passengers, border crossing),
g) the length of route for the outward and the return journey,
h) the time of driving and rest of drivers,
i) the fare and tariff conditions.
4. 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 five years. They set out the operating conditions, including environmental and safety standards, which vehicles must meet.
Article 4
Occasional services
1. The occasional services and the shuttle services operated by buses are subject to a system of authorisations or permits issued by the competent authority in the country of departure and destination.
2. As an exception to paragraph 1, the services listed below are exempt from any authorisation or permit system on the territory of the host country:
a) 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;
b) services which make the outward journey laden and the return journey unladen;
c) services which make the outward journey unladen and the return journey laden, provided that passengers 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.
3. The picking up or setting down of passengers on a liberalised service journey is not permitted unless special authorisation is granted.
The Joint Committee set up under Article 12 hereof may extend the authorisation or permit exemption to other categories of occasional services or shuttle services.
4. The authorisation or permit application should be made to the competent authority in the host country.
The Joint Committee set up under Article 12 hereof decides on the form that the authorisation or permit application takes and the supporting documents required.
The decision to grant or refuse an authorisation or a permit is taken within a period of one month unless there are special circumstances.
The occasional services and shuttles exempted from authorisation and operated using buses 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 12 hereof.
Article 5
Provisions common to passenger services
1. Authorisations and permits are not transferable to other transport operators.
2. The running of cabotage services 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 and approved by the competent authority.
SECTION III - GOODS TRANSPORT
Article 6
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, providing that the journey includes the country of establishment. This restriction does not apply to unladen runs;
c) transit transport.
2. Cabotage is only permitted with the special authorisation of the host country.
Article 7
Exemption from permit requirements
1. As an exception to Article 6, the following categories of transport are exempted from permit requirements:
a) transport by vehicles whose total permissible laden weight, 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 goods 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-going ships and aircraft,
f) transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disasters and humanitarian needs,
g) transport of works and objects of arts 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, films, sports or circus performances, fairs or fetes, and those intended for radio recordings, or for film or television production,
i) removals carried out by enterprises with special staff and equipment for this purpose,
j) funeral transport,
k) the initial and terminal legs – international and national –, by road of the combined transport, providing, respectively, that the appropriate freight loading and unloading station closest to the point of loading or unloading of the freight is used,
l) transport of mails.
2. The Joint Committee referred to in Article 12 hereof may add to, or remove from, the list of transport categories exempted from the permit requirements.
Article 8
Common Provisions for Goods Transport
1. The competent authorities of the two Contracting Parties exchange an agreed number of blank permit forms every year.
Permits for the transport of goods are valid 13 months from the beginning of each calendar year.
2. Permits are not transferable.
3. Permits can only be used for one vehicle at a time. In the case of combinations of vehicles, the motor vehicle is the determining factor in permit issue or exemption.
4. The Joint Committee referred to in Article 12 shall agree upon the annual quota and kind of permits for each Contracting Party with regard to the development of economic relations and the needs of the foreign trade of both Contracting Parties.
5. The running of cabotage services is prohibited except where specially authorised by the competent authority in the host country.
The Joint Committee in accordance with Article 12 shall agree upon the contents and the model of particular kinds of permits.
SECTION IV - COMMON PROVISIONS
Article 9
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 on a mutual basis exempted from payment of all taxes related to the ownership, registration and running of the vehicles as well as special taxes on transport services.
2. The fuel contained in the normal, by the manufacturer build-in fixed tanks of the vehicle intended to drive the vehicle, as well as lubricants and spares are exempt 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 the terms of this Agreement is subject in the host country to 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.
Article 10
Weights and dimensions
1. As regards the weights and dimensions of vehicles, each Contracting Party commits itself not to impose on vehicle registered in the country of the other Contracting Party conditions which are more restrictive that those imposed on vehicles registered in its own country.
2. If the weights or dimensions of a vehicle or combination of vehicles performing the carriage exceed the permissible maximum in the country of the Contracting Party, special permission must be obtained from the Competent Authority of that Contracting Party before the carriage is undertaken. In case of changes of regulations concerning weights and dimensions of vehicles, the Competent Authorities shall inform each other about it.
Article 11
Control, obligations of transport operators and infringements
1. Subject to the provisions of this Agreement, carriers of either country and the crews of their vehicles must, when in the territory of the other country, comply the legislations in force in that country and with every relevant international Convention binding both Contracting Parties.
2. Permits and other necessary documents required in accordance with this Agreement shall be carried on the vehicles to which they relate and produced on demand to any authority of either Contracting Party who is authorized to demand them.
3. In the event of serious or repeated infringement of the provisions of this Agreement as well as other laws and regulations in force in the other country by a carrier or by a crew of his vehicle, the Competent Authority of the country in which the vehicle is registered on demand of the Competent Authority of the country in which the infringement occurred shall
a) issue a warning, or
b) suspend for a time, partially or completely, the authorisation of the carrier to perform transport operations in the territory of the other Contracting Party.
4. The Competent Authority having taken one of the measures mentioned in the previous paragraph shall inform on it the Competent Authority of the other Contracting Party.
5. The provisions of this Article do not exclude the sanctions which can be imposed by courts or other authorities of the country in the territory of which the national regulations were violated.
Article 12
Collaboration and Joint Committee
1. The Competent Authorities of the Contracting Parties shall form a Joint Committee in order to ensure the settlement of the current questions which may arise in connection with the application and interpretation of this Agreement.
2. The Joint Committee shall meet at the request of either Competent Authority. The meetings will be held alternatively on the territories of the country of each Contracting Party, at least once a year.
SECTION V - FINAL PROVISIONS
Article 13
Entry into force and length of the Agreement
1. This Agreement shall enter into force on the day of the last notification in writing by diplomatic channels about the fulfillment by the Contracting Parties of the internal procedures necessary for its entering into force.
2. This Agreement is concluded for a period of five years. Its validity shall be automatically extended for following periods of five years as neither of the Contracting Parties informs the other Contracting Party in writing by diplomatic channels, at least six months before the expiry of validity of this Agreement of its intention to terminate it.
Done at Ljubljana on 11th February 2000 in two originals, each in Slovene, Moldovian and English languages, all the texts being equally authentic. In case of different interpretation and application of the provisions of this Agreement, the English text shall prevail.
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