Uredba o ratifikaciji Memoranduma o dogovoru glede razvoja prometnega omrežja, ki povezuje Hrvaško, Madžarsko, Italijo, Slovaško, Slovenijo in Ukrajino

Preamble

Desiring to promote efficient transport of goods and passengers through making progress in the implementation of the Declaration of the Second Pan-European Transport Conference in Crete in 1994 and the documents on priority transport corridors endorsed by the conference as a basis for further international co-operation,
    welcoming the work carried out under the aegis of the Central European Initiative,
    considering the good relations between Croatia, Hungary, Italy, Slovakia, Slovenia, Ukraine and their relations with the European Union and their intention to further economic and trade relations, as expressed in the agreements between them,
    taking into consideration the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport of April 5, 19931, which is the basis for the relationships in that field between the European Union and the Republic of Slovenia,
    considering the high importance of co-operation in the development of an efficient transport system with regard to the integration of the road, the port and especially the railway connections of the countries concerned into the Trans-European Transport Infrastructure network,
    conscious of the fact that infrastructure development is a long term exercise,
    the Minister of Transport, Maritime Affairs and Communications of Croatia, the Minister of Transport, Communication and Water Management of Hungary, the Minister of Transport and Navigation of Italy, the Minister of Transport, Post and Telecommunications of Slovakia, the Minister of Transport and Communications of Slovenia, the Minister of Transport of the Ukraine and the Commission of the European Communities,
    welcoming the actions already undertaken on the corridor by the Parties as well as by international organizations,
    agree on the following Memorandum of Understanding as an important step towards a common objective:

Article 1

Aim

The aim of this Memorandum of Understanding is to co-operate in studying the development of main and ancillary infrastructures on the intermodal Trans-European Network transport corridor connecting Croatia, Hungary, Italy, Slovakia, Slovenia, and the Ukraine. This development of the corridor includes maintenance, upgrading and new construction of main and ancillary infrastructures as well as its operation and use. Concerning the Slovenian part of the corridor, Parties are aware of the priority of the major transport routes set out in Article 5 paragraph 1 of the Transport Agreement between the European Economic Community and the Republic of Slovenia.
    The co-operation will furthermore aim at studying the harmonization of the technical parameters and the phasing of implementation of given projects located on the corridor, the support for the mutual information regarding the realization of investments, the definition of a suitable regulatory framework for investment and the prerequisites for the most efficient use of funds and know-how from public and private sources.

Article 2

Definition of corridors

The intermodal Venice–Trieste/Koper–Ljubljana–Maribor–boundary between Slovenia and Hungary–Budapest–boundary between Hungary nad Ukraine–Uzgorod–Lvov (Kiev) with branches: Branch 1: Rijeka–Zagreb–boundary between Croatia and Hungary–Budapest–boundary between Hungary and Ukraine–Uzgorod–Lvov–Kijev and Branch 2: Bratislava–Zilina–Košice–Uzgorod. Trans-European Network Corridor refers to the road, rail and combined transport infrastructures, including ancillary installations such as access roads, border crossing stations, service stations, freight and passenger terminals, warehouses and the installations necessary for traffic management, on the route Venice–Trieste/Koper–Ljubljana–Maribor–boundary between Slovenia and Hungary–Budapest–boundary between Hungary and Ukraine–Uzgorod–Lvov (Kiev) with branches: Branch 1: Rijeka–Zagreb–boundary between Croatia and Hungary–Budapest–boundary between Hungary and Ukraine–Uzgorod–Lvov–Kijev and Branch 2: Bratislava–Zilina–Košice–Uzgorod, and their interactions with infrastructures and transports in all modes on the same or reasonably related routes. It thereby also takes particularly into account the importance of the Adriatic ports connected with this corridor.

Article 3

General rules on studies

The Parties agree to co-operate in the course of undertaking the studies necessary for the implementation of this Memorandum of Understanding.
    The terms of reference for studies will be co-ordinated between Parties as far as criteria, methodology and other aspects covered by this Memorandum of Understanding are concerned. As a first task a complete inventory of existing studies concerning the corridor will be compiled and these studies will be made available, in the original language or in any available translation to all Parties. Subsequent studies will cover as necessary:
    – state of the infrastructure on the corridor
    – needs assessment
    – an overall concept for a co-ordinated development of the corridor
    – the conditions necessary for private sector participation in the development and operation of the corridor
    – questions such as prioritisation, feasibility or technical design of specific
    – maintenance, upgrading, new construction and investment measures as well as use or operation of the infrastructures and related environmental aspects
    – organizational, legal, economic and social questions.
    Studies will be carried out according to best practice, taking into due account the requirements of the International Financial Institutions and the private sector to be involved during the different stages of planning, implementation, operation and use of the infrastructures.
    The Parties agree to co-operate in the question of financing the necessary studies as appropriate, according to their budgetary possibilities. Tenders for studies will be launched according to rules agreed between donors and recipients. Parties will undertake all necessary steps to ensure that the studies can be carried out efficiently, such as providing all assistance and available information within their competence necessary for carrying out the studies.
    Within the limits of law and as agreed by the Steering Committee defined in Article 8, the results of studies will be accessible on request to institutions demonstrating substantial interest in contributing to the development of the corridor.

Article 4

Exchange of information

The Parties will make available to each other information relevant to the development, use and operation of the corridor and will exchange information regarding an harmonized conception of the development and establishment of border crossings. This will include detailed available data on the state of the infrastructure on the corridor, the traffic flows, waiting times at the borders, specific maintenance, upgrading, new construction, investment, environmental and organizational measures planned or undertaken, and the financial resources allocated or to be allocated to the development of the corridor from public and private sources. It will also cover the legal framework for private participation in the development, use and operation of the corridor as well as relevant economic and social data of a general nature.
    Within the limits of law and as agreed by the Steering Committee as defined in Article 8, this information will be accessible on request to institutions demonstrating substantial interest in contributing to the development of the corridor.

Article 5

Technical norms

The Parties will agree on studying a common set of technical norms necessary to secure optimal interoperability of all sections of the corridor with a view to adopting common technical norms, including between different transport modes. Such technical norms will cover electrification, gauge and communications for the rail part of the corridor; axle load capacity and signalling for the road and rail part of the corridor; the communication between the Adriatic ports of the corridor on the one hand and the road and the railway on the other hand; safety and environmental aspects and traffic management.
    Norms set by the UN-ECE Agreements or the European Union for the different transport modes will be adhered to in order to secure interoperability.

Article 6

Border crossing facilitation

Given that excessive waiting times at border crossing may impede any improvements resulting from the development of the corridor, adjacent Parties agree to encourage actions by the competent authorities in relation to the installation of joint border crossing posts and joint controls, as well as customs services co-operation so as to minimise waiting times and to ease transit conditions. Parties will stimulate and promote joint studies of the infrastructural and organizational measures necessary, including the evaluation of needs of personnel at border crossings.
    A typology of controls and the establishment of a maximum time to fulfil these controls should be studied as well as the possibility of creating fast lanes for transit traffic operating under the T.I.R carnet or other suitable agreements. Special attention should be devoted to studying the conditions to ease up transit operations.
    The establishment of appropriate training schemes should be jointly studied in order to assure the best possible efficiency of the border crossings. Norms set by international Agreements or by the European Union should be adhered to in order to secure interoperability.

Article 7

Framework for private participation

The Parties intend to provide for a maximum of private sector involvement in studying the development, operation and use of the corridor. To this end, a dialogue with the private sector and the International Financial Institutions will take place during the planning and realization of the studies. In all phases of co-operation under this Memorandum of Understanding the private sector will generally be informed of actions planned or undertaken and its comments will be taken into account as far as possible, in the appropriate phases of the development of the corridor or of given projects. To meet this aim, it will be necessary to ensure that the legal and financial conditions necessary for private sector participation in the development and operation of the corridor are met.
    The Parties may set up common entities to carry out actions necessary to reach the aims of this Memorandum of Understanding. Taking into account their national legislation, they will consider the possibilities for entrusting the implementation of this Memorandum of Understanding totally or partially to private entities.

Article 8

Steering Committee

A Steering Committee to be composed of representatives of the Parties will co-ordinate the joint work under this Memorandum of Understanding. Each Party will appoint one representative and one deputy-representative to the Steering Committee by notification to all other Parties. The Steering Committee will meet as necessary, but at least twice a year. It will decide on its rules of procedure by unanimity. Representatives from the private sector or the International Financial Institutions will be invited to the meetings as appropriate.
    The Steering Committee will regularly report about its work to the G-24 Transport Group.

Article 9

Implementation

The information exchanged and studies carried out by the Parties will provide the framework for defining, inter alia, priorities, conditions for the assessment of the economic and financial viability of the projects, budgets and time-plans for specific measures necessary for the co-ordinated development of the corridor as well as conditions on the use and operation of the corridor. The Parties will agree on such issues as appropriate.

Article 10

Duration

This Memorandum of Understanding is concluded for 5 years. A Party can terminate its participation to this Memorandum with a one year notice. Its duration will be automatically prolonged another five years if none of the Parties objects at the latest one year before the expiration of the first period of five years.

Article 11

Final provisions

This Memorandum of Understanding shall enter into force on the first day of the third month following its signature by the Parties.
    This Memorandum of Understanding, drawn up in seven originals in English, shall be deposited with the archives of the signatory Parties.
    Done at Trieste, the 16 of December 1996

1 Official Journal of the European Communities of 29. 7. 1993, No L 189/160.