21. člen BLICP

Ta sporazum velja, dokler ga ena pogodbenica ne odpove, tako da o tem po diplomatski poti pisno obvesti drugo pogodbenico najkasneje tri mesece pred iztekom koledarskega leta. V potrditev tega sta podpisana, ki sta bila pravilno pooblaščena, podpisala ta sporazum. Sestavljeno v Vilniusu dne 14. novembra 1997 v dveh izvodih v slovenskem, litvanskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri razlikah v razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Ivo Vajgl l. r Za Vlado Republike Litve Algimantas Rimkunas l. r The Government of the Republic of Slovenia and the Government of the Republic of Lithuania (hereinafter called “the Contracting Parties“), desirous to promote in the interest of developing mutually advantageous economic relations the transport of passengers and goods by road between the two countries and in transit through their territories and with the aim of protecting the environment, whereby the vehicles which reduce noise and hazardous emissions and conform to high technical and safety standards shall be used have agreed as follows: 1. In accordance with the terms of this Agreement carriers of both the Contracting Parties by using vehicles registered in their home country may perform international carriage of passengers and goods by road for hire or reward or own account to, from or in transit through the territory of the other Contracting Party. 2. The present Agreement does not affect the rights and obligations of each Contracting Party resulting from the provisions of other international agreements in force for either Contracting Party. For the purpose of this Agreement: 1. The term “carrier“ means any natural or legal person who is established in the territory of either Contracting Party and is authorised to engage in international carriage of passengers and goods by road for hire or reward or own account in accordance with the relevant national laws and regulations; 2. The term “vehicle“ means a motor vehicle registered in either territory of the Contracting Parties or a combination of vehicles of which at least the motor vehicle is registered in one of the territories of the Contracting Parties and which is used and equipped exclusively for the carriage of passengers or goods, and in case of passenger service a passenger road vehicle (a bus) has more than nine seats, including that of a driver; 3. The term “cabotage“ means the operation of transport services between two or more points in the territory of one Contracting Party performed by a carrier established in the territory of the other Contracting Party. In accordance with this Agreement the passenger transport is the carriage of persons and their luggage by buses. It includes also unladen journeys by buses concerned with the aforementioned services. 1. The term “regular bus services“ shall mean a service where the journeys are carried out according to the beforehand agreed itinerary, time-table and fares tariff, passengers being taken up and set down at the beforehand agreed stopping points en route. 2. Regular bus services between the territories of the Contracting Parties or in transit through them shall be authorised, in mutual agreement and on the basis of permits issued by the competent authorities of the Contracting Parties. 3. The application in view to obtain the authorisation for operating regular bus services shall be submitted to the competent authority of the Contracting Party where the carrier is established and the respective vehicles are registered. In case the application does not arise any objection, the above mentioned competent authority shall communicate it together with its opinion to the competent authority of the other country. 4. The procedure and requirements for submitting the applications and their content shall be agreed upon by the Joint Committee established under Article 18 of this Agreement. 5. The services stated in this Article shall be considered approved and can be started to operate once the competent authorities of both the Contracting Parties have exchanged the respective authorisations with all necessary enclosures. During the journey the respective authorisation or its authorised copy must be present in the vehicle. 1. The term “shuttle services” means services 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 of passengers who have made the outward journey together shall subsequently be carried back to place of departure together. Passengers shall not be taken up or set down during the journey. The first return journey and the last outward journey shall be made unladen. 2. For services mentioned under paragraph 1 of this Article authorisations issued by the competent authorities of the other Contracting party are required. The procedure and the requirements for the submission of applications and their contents shall be agreed on by Joint Committee under Article 18 of this Agreement. 1. The term “occasional passenger service“ shall mean the transport services other than those referred to in paragraph 1 of Article 4 of this Agreement. 2. The occasional passenger service between the two territories of the Contracting Parties or in transit through them, carrying the same group of passengers, shall require no authorisation if: a) a round trip begins and it is intended to end in the country of registration of the vehicle provided that the group of passengers is brought back to the place of departure (closed door tour) by the same vehicle; b) a journey with passengers starts at a place in the country of registration of the vehicle and ends in the territory of the other Contracting Party or any other country provided that the vehicle returns empty to the country of registration; c) an outward journey is made unladen provided that all the passengers are taken up in the same place where they have been previously brought by the same carrier on a service referred to in subparagraph b) above, and are carried back into the country where the vehicle is registered. 3. In the vehicles used for performing services under paragraph 2 of this Article there shall be a properly completed waybill containing the list of passengers which shall be completed by the carrier and certified by the journey organiser’s stamp and signature and stamped by the competent custom authorities. The waybill shall be completed while being in the territory of the home country and shall be kept in the vehicle for which it has been issued throughout the journey. 4. The occasional passenger services which do not meet the provisions of paragraph 2 of this Article are subject to an authorisation of the competent authority of the other Contracting Party. The Joint Committee referred to in Article 18 of this Agreement shall agree on the form of the authorisation required for performing occasional passenger services and on other issues related to these services. 1. A carrier of each Contracting Party shall have a permit in order to engage in the international carriage of goods by road between the two countries, in transit through the territory of the other Contracting Party as well as delivering goods to or from third countries unless otherwise provided by the Joint Committee mentioned in Article 18 of this Agreement. A single permit shall authorise a carrier of one country to make one round journey. 2. A permit shall be used only by the carrier to whom it has been issued. It shall be valid for the use of a single motor vehicle or a coupled combination of vehicles (articulated vehicle or road train), without regard to the country of registration of an accompanying semitrailer or trailer. 3. The competent authorities of both the Contracting Parties shall annually exchange the number of blank permits agreed upon by the Joint Committee mentioned in Article 18 of this Agreement. 1. The permits referred to in Article 7 of this Agreement shall not be required for the: a) carriage of goods in motor vehicles whose permitted gross laden weight, including trailers, does not exceed 7.5 tonnes, or whose permitted payload, including trailers, does not exceed 3.5 tonnes, b) removals carriage performed by special vehicles which have been constructed and equipped for this purpose, c) carriage of objects, equipment and animals for theatrical, film, circus or musical performances or sporting events, exhibitions or fairs, or for making of radio or television broadcasts or films, provided that these objects and equipment are imported or exported temporarily, d) funeral transport, e) carriage of goods to or from airports, in cases when air services are diverted, f) carriage of mails, g) carriage of vehicles which are damaged or have broken down, h) carriage of humanitarian supplies needed for emergencies, notably in the event of natural disasters, i) carriage of live animals in special vehicles, j) unladen run of a relief vehicle used for transporting goods sent to replace a vehicle which has broken down in another country and continuation of the haul by the relief vehicle under cover of the permit issued for the vehicle which has broken down, k) maintenance and service vehicles providing assistance to broken down or damaged vehicles. 2. A driver of the vehicle performing any of the transport operations listed in paragraph 1 of this Article shall have all necessary documents clearly indicating that the transport is justified by any of the provisions stated in this paragraph. Priority shall be given to transportation of live animals and perishable foodstuffs, as well as to regular bus services, where the above listed transport operations are subject to frontier, customs and sanitary control. Cabotage transport is not permitted unless the competent authority of the respective Contracting Party has issued a special permit for this purpose. 1. If the weight and/or dimensions of a laden or unladen vehicle when engaged in transport operations under the provisions of this Agreement exceed the permissible limits in force in the territory of the other Contracting Party, a special permit issued by the competent authority of that Contracting Party shall be required. 2. Regarding the weight and dimensions of vehicles, each Contracting Party undertakes not to impose on vehicles registered in the territory of the other Contracting Party conditions which are more restrictive than those imposed on vehicles registered in its own country. The carriers established in both the Contracting Parties shall, when performing carriages of dangerous goods, comply with the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). Both the Contracting Parties shall provide the necessary incentives to encourage the performing of combined transport operations and usage of the sea ports situated in their respective states. 1. Subject to the provisions of this Agreement, carriers of either Contracting Party and the crews of their vehicles shall, when in the territory of the other Contracting Party, comply with the laws and regulations in force in that country. 2. Permits and other necessary documents required in accordance with this Agreement shall be carried in the vehicles to which they relate and produced on demand of any authority respectively authorised to check them. 3. If a carrier or its crew seriously and repeatedly infringe legal regulations in force in the other country or the stipulations of this Agreement, the competent authority of Contracting party on the territory of which the vehicle is registered and upon request of the competent authority on the territory of which the infringement occurred, may adopt the following measures within the framework of regulations in force the respective country: a) warn the carrier that is obliged to respect the regulations in force (warning); b) temporary suspend the carrier from engaging in transport between the two Contracting Parties; c) stop issuing permits to the relevant carrier or withdraw any previously issued authorisation for the period for which the carrier has been suspended from engaging in transport by the competent authority of the other country. The provisions of this Article shall be without prejudice to any lawful sanctions which may be applied in accordance with the laws and regulations of the country in the territory of which the infringement occurred. 4. The competent authority having taken any of the measures mentioned in paragraph 3 of this Article shall inform the competent authority of the other Contracting Party of this. 1. When performing transport operations under the cover of provisions of this Agreement, vehicles and their spare parts shall be mutually exempted from all taxes and charges levied on the circulation and possession of vehicles. 2. However, this exemption shall not apply to the payment of road tolls, bridge tolls and other similar charges, which shall always be required on the basis of the principle of non discrimination. 3. On the vehicles mentioned in paragraph 1 of this Article, customs duties shall be exempted on: a) the vehicles; b) the fuel contained in the ordinary supply tanks of the vehicles; c) spare parts imported into the territory of the other Contracting Party, intended for the breakdown service of a vehicle. Replaced parts shall be re-exported or destroyed under the control of competent customs authorities of the other Contracting Party. Pursuant to the preamble of this Agreement the Contracting Parties agree to support, when performing transport services, the usage of modernly equipped and technically safe vehicles with low noise level and low exhaust emissions of hazardous substances. The competent authorities for the implementation of this Agreement shall be: a) for the Republic of Slovenia: Ministry of Transport and Communication b) for the Republic of Lithuania: Ministry of Transport, Road Transport Department 1. The Contracting Parties shall establish a Joint Committee consisting of representatives of both Contracting Parties. The Joint Committee shall be authorised: a) to supervise the proper implementation of this Agreement; b) to pass decisions on the quota, type and validity of permits from Article 7 hereof as well as on any details of the licences from Articles 4, 5, 6 hereof: c) to study and make proposals for the solution of problems; d) to deal with any other matters to be mutually agreed upon relating to road transport, environmental protection and technical safety of vehicles; e) to propose amendments and additions to any Article hereof and to submit such amendments to the competent authorities for approval. 2. The Joint Committee shall meet at the request of either Contracting Party alternatively in the Republic of Slovenia and the Republic of Lithuania. The decisions of the Joint Committee shall be binding on both Contracting Parties. 1. This Agreement shall be applied provisionally as from the date of its signing. 2. The Contracting Parties shall notify each other through diplomatic channels that the requirements regarding the procedure of entering into force of international agreements have been fulfilled. 3. This Agreement shall enter into force on the thirtieth day after the date of the last of these notifications. In case of necessity any amendments and additions to the present Agreement shall be negotiated by the Contracting Parties and shall enter into force according to the procedure set out in Article 19. The Agreement shall remain in force until it is terminated by either Contracting Party giving written notice thereof to the other Contracting Party through diplomatic channels no later than three months prior the end of the calendar year. In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement. Done at Vilnius on 14th November 1997 in two copies in the Slovene, Lithuanian and English languages, all texts being equally authentic. In case of any divergence of interpretation the English text shall prevail. For the Government of the Republic of Slovenia Ivo Vajgl (s) For the Government of the Republic of Lithuania Algimantas Rimkunas (s)