Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Makedonije o sodelovanju pri varstvu pred naravnimi in drugimi nesrečami (BMKSVN)

Convinced of the necessity of mutual cooperation 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 Organization and other international organizations in the area of protection against disasters;

Have agreed as follows:

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

(2) Cooperation 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 expertise in the field 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) mutual notification of disaster risks and their consequences;

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

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

(3) The Parties shall advance co-operation between the national authorities, governmental and non-governmental institutions and organizations engaged in 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 hazards" are data on disasters, the purpose of which is early notification of imminent danger and implementation of protection and other measures for 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 a danger threatening the population,

– 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 direct and indirect mitigation and elimination of the consequences of disasters;

e) "rescue and disaster relief teams and individuals" 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 teams and individuals providing assistance;

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

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

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

j) "country of transit" is a country whose territory is crossed by rescue and disaster relief units and equipment for the needs of the Parties.

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

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

– For the Republic of Macedonia: Protection and Rescue Directorate.

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

(3) In implementing this Agreement, the competent authorities referred to in paragraph 1 of this article shall be authorized to establish direct contacts and links. In this regard, 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 the competent authorities and their addresses, telecommunication links and points of contact, no later than 30 days following the date of change.

The Parties shall encourage co-operation among the humanitarian organizations of both 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 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 cooperation.

The Parties shall promote mutual 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 organizations and the exchange of lecturers, instructors and other experts;

b) the organisation of education and training of personnel;

c) the exchange of educational and teaching 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 about 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 competent authorities of the Parties for notification of threats and disasters and for sending and receiving requests for assistance are:

− for the Republic of Slovenia:

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

− for the Republic of Macedonia:

− Protection and Rescue Directorate.

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

(2) A request for assistance referred to in paragraph 1 of this article must contain: information on the type and scope of required assistance, information on institutions and persons with which a link should be established, as well as a proposal for the manner of providing assistance.

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

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

(2) The competent 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 of rescue teams and individuals providing assistance in the territory of the other Party.

(3) Rescue teams and individuals providing assistance must possess relevant documents issued by the competent authorities of the sending State, which prove their identity.

(4) Members of rescue teams and individuals providing assistance shall be entitled to wear their uniforms in the territory of the other Party.

(5) It is prohibited to bring weapons, ammunition and explosive ordnance to the territory of the other Party.

(6) The Parties shall also ensure implementation of this article in the event of one of them being a country of transit. The competent authorities referred to in paragraph 1 of Article 4 shall, at the earliest possible time, 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 importation, exportation 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 border control authority of the receiving State.

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

(3) No international prohibitions and restrictions, as apply for the import and export of commercial goods, shall apply for the import and export of protection and rescue equipment and means of disaster relief. 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 temporary importation of medications containing narcotics and psychotropic substances into the receiving State, and to the return of unused quantities of these to the sending State. The temporary importation and exportation of narcotics and psychotropic substances within international agreements shall not be considered to be import and export of goods in foreign trade. Medications containing narcotics and psychotropic substances may only be imported in quantities required for urgent medical assistance and used under the supervision of medical professionals with proper medical training, in accordance with the regulations of the Party of the rescue team.

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

(1) Aircraft and vessels may be used for emergency transportation of rescue 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 type 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 location of arrival.

(3) The provisions of Article 11 of this Agreement shall apply as appropriate for aircraft and vessel crews, for rescue teams and individuals providing assistance, with regard to crossing the state border. 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 Parties governing aircraft flights shall apply to the use of aircraft. Each flight plan must contain 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 regulations of the Parties in relation to navigation on inland waterways, as well as international regulations and standards.

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 heads 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 teams and individuals of the sending State performing rescue tasks and providing assistance, with emergency medical 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 assistance provided. This shall also apply to 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 assistance provided.

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

(1) The Parties shall renounce all claims for reimbursement for damage to protection, rescue and other equipment, provided that the damage is caused by the rescue team or individual assisting in performing rescue and disaster relief tasks according to this Agreement, and that the damage is not intentional.

(2) The Parties shall renounce any entitlement to compensation in the case of personal injuries and permanent consequences for health or in the event of death of a participant in a rescue operation, when this has occurred during the performance of rescue tasks under this Agreement, except in cases when it is intentional.

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

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

(5) The Parties shall also implement the provisions of this article in the event of them being countries of transit.

(1) The competent authorities of the Parties shall provide mutual information and communication links, in particular telephone, radio and other links between the authorities, rescue teams and individuals providing assistance, in accordance with this Agreement, 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 authorized for use in their territories for the purposes of mutual communication.

(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 does not prejudice the rights and obligations of the Parties arising from other international agreements.

The Parties shall resolve disputes regarding the interpretation or implementation of this Agreement exclusively by mutual consultations and negotiations.

(1) The Parties may amend the Agreement by signing a separate protocol that shall enter into force in accordance with paragraph 2 of Article 20 of this Agreement.

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

(1) Either Party has 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 obligations regarding its implementation that are still applicable on the date of its termination.

Done at Zagreb on 14 October 2010 in two originals each in the Slovene, Macedonian and English languages, all texts being equally authentic. In the case of divergence of interpretation or application of the provisions of this Agreement, the English version shall prevail.