16. člen BILCZ

1. Sporazum začne veljati prvi dan drugega meseca, ki sledi datumu, ko se pogodbenici med seboj obvestita z izmenjavo diplomatskih not, da so bile izpolnjene vse potrebne notranjepravne zahteve za začetek njegove veljavnosti. 2. Carinski organi pogodbenic soglašajo, da se sestanejo zaradi ponovnega pregleda tega sporazuma ali obravnave drugih carinskih zadev, ki bi lahko izhajale iz njihovega medsebojnega odnosa, na zahtevo enega od carinskih organov ali po petih letih od dneva začetka veljavnosti sporazuma, razen če se med seboj pisno ne obvestijo, da tak pregled ali obravnava drugih carinskih zadev ni potreben. 3. Ta sporazum velja za nedoločen čas. Veljati preneha šest mesecev od dneva, ko ena pogodbenica drugo pogodbenico po diplomatski poti pisno obvesti o želji, da prekine ta sporazum. Da bi to potrdila, sta podpisana, ki sta ju pravilno pooblastili njuni vladi, podpisala ta sporazum. SKLENJENO v Ljubljani dne 21. avgusta 2002, kar ustreza 13. dnevu elul 5762, v dveh izvirnikih v slovenskem, hebrejskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri razlikah v razlagi je odločilno angleško besedilo. Za Vlado Republike Slovenije dr. Dimitrij Rupel l. r. Za Vlado Države Izrael Shimon Peres l.r. PRILOGA 1. Osebni podatki, ki se avtomatsko obdelujejo, morajo biti: a) pridobljeni in obdelani pošteno in zakonito; b) hranjeni za določene in zakonite namene in se ne smejo uporabljati na način, nezdružljiv s temi nameni; c) primerni, ustrezni in ne preobsežni glede na namene, za katere se hranijo; d) natančni, in če je potrebno, tekoče usklajevani; e) ohranjeni v obliki, ki dopušča identifikacijo oseb, na katere se podatki nanašajo, le tako dolgo, kot je potrebno za namen, za katerega se ti podatki hranijo. 2. Osebni podatki o zdravju ali spolnem življenju ne smejo biti avtomatsko obdelani, razen če notranje pravo ne zagotavlja ustreznega varstva. Enako velja za osebne podatke v zvezi s kazenskimi sodbami. 3. Sprejeti je treba ustrezne varnostne ukrepe za varstvo osebnih podatkov, hranjenih v datotekah, pred nepooblaščenim uničenjem ali nenamerno izgubo kot tudi pred nepooblaščenim dostopom, spremembo ali razširjanjem. 4. Vsaki osebi je treba omogočiti: a) da ugotovi obstoj datoteke osebnih podatkov, ki se avtomatsko obdelujejo, njene glavne namene kot tudi identiteto in običajno prebivališče ali sedež upravljavca datoteke; b) da je v razumnih presledkih in brez pretirane zamude ali stroškov obveščena o tem, ali so osebni podatki, ki se nanašajo nanjo, hranjeni v datoteki, ki se avtomatsko obdeluje, in da ji take podatke sporočijo v razumljivi obliki; c) da, odvisno od primera, doseže popravek ali izbris takih podatkov, če so bili obdelani v nasprotju z določbami notranjega prava, ob upoštevanju temeljnih načel iz 1. in 2. načela te priloge; d) da se zateče k pravnim sredstvom, če zahteva za obvestilo oziroma obvestilo, popravek ali izbris, omenjen v točkah b) in c) tega načela, ni opravljen. 5. Glede določb iz 1., 2. in 4. načela te priloge niso dovoljene nobene izjeme, razen v mejah, določenih v teh načelih. 6. Izjeme pri določbah 1., 2. in 4. načela te priloge so dovoljene, če so predvidene v zakonodaji pogodbenice in je to potreben ukrep v demokratični družbi v interesu: a) zaščite državne varnosti, javne varnosti, finančnih interesov države ali zatiranja kaznivih dejanj; b) varstva osebe, na katero se podatki nanašajo, ali pravic in svoboščin drugih. 7. Zakon lahko določa omejitev uresničevanja pravic, določenih v točkah b), c) in d) 4. načela te priloge, v zvezi z datotekami osebnih podatkov, ki se avtomatsko obdelujejo in se uporabljajo za statistične ali za znanstvenoraziskovalne namene, kadar očitno ni nikakršnega tveganja, da bi bila kršena zasebnost oseb, na katere se podatki nanašajo. 8. Nobene določbe te priloge ni mogoče razlagati, kot da omejuje ali drugače vpliva na možnost pogodbenice, da dodeli osebam, na katere se podatki nanašajo, širše varstvo, kot je določeno v tej prilogi. The Government of the Republic of Slovenia and the Government of the State of Israel, hereinafter referred to as the “Contracting Parties”; CONSIDERING that contraventions against customs legislation are prejudicial to the economic, fiscal, and commercial interests of their respective countries; CONSIDERING that illicit trafficking in narcotic drugs and psychotropic substances constitutes a danger to public health and to society; CONSIDERING the importance of assuring the accurate assessment of customs duties and other taxes on the importation and exportation of goods, as well as the accurate determination of the value and origin of such goods; RECOGNIZING the need for international cooperation in matters related to the administration and enforcement of the customs legislation; CONVINCED that action against contraventions against customs legislation can be made more effective by cooperation between their Customs Authorities; HAVING REGARD to the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of December 5, 1953; Have agreed as follows: For the purposes of this Agreement: a) “Customs legislation” shall mean laws and regulations enforced by the Customs Authorities, concerning the importation, exportation, and transit of goods as they relate to customs duties, charges, and other controls with respect to the movement of goods across national boundaries; b) “Customs duties” shall mean all duties, taxes, fees, and/or other charges which are levied and collected by the Customs Authorities in the territories of the Contracting Parties in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of the services rendered; c) “Applicant Authority” shall mean the Customs Authority which makes a request for assistance pursuant to this Agreement or which receives such assistance; d) “Requested Authority” shall mean the Customs Authority which receives a request for assistance pursuant to this Agreement or which renders such assistance; e) “Contravention” shall mean any violation of the customs legislation, as well as any attempted violation of such legislation; f) “Customs Authority” shall mean in the Republic of Slovenia, the Ministry of Finance – the Customs Administration of the Republic of Slovenia (Ministrstvo za finance – Carinska uprava Republike Slovenije), and in the State of Israel, the Department of Customs and Value Added Tax of the Ministry of Finance; g) “Personal data” shall mean all information relating to an identified or identifiable individual. 1. The Contracting Parties shall assist each other, in the manner and under the conditions laid down in this Agreement, in ensuring that customs legislation is correctly applied, in particular through the prevention, detection, and investigation of contraventions of this legislation. 2. All assistance pursuant to the present Agreement shall be rendered in accordance with the domestic law of the requested Contracting Party. 1. At the request of the applicant Authority, the requested Authority shall furnish it with all relevant information to enable it to ensure that customs legislation is correctly applied, including, inter alia, information regarding the transportation and shipment of goods, the disposition and destination of such goods, as well as their value and origin, and information regarding acts committed or planned which contravene or would contravene such legislation. 2. At the request of the applicant Authority, the requested Authority shall inform it whether goods imported into or exported from the territory of one of the Contracting Parties have been legally imported into or exported from the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods. 3. At the request of the applicant Authority, the requested Authority shall take the necessary steps to ensure that surveillance is kept on: a) particular natural or legal persons of whom there are reasonable grounds for believing that they are contravening or have contravened customs legislation in the territory of the applicant Contracting Party; b) places where goods are stored in a way that gives grounds for suspecting that they are intended to be illicitly imported into the territory of the applicant Contracting Party; c) the movement of goods notified by the applicant Authority as possibly giving rise to substantial contraventions of customs legislation in the territory of the applicant Contracting Party; d) means of transport for which there are reasonable grounds for believing that they have been, are being, or may be used in the contravening of customs legislation in the territory of the applicant Contracting Party. The Customs Authorities of the Contracting Parties shall, within their competencies, provide each other with assistance apt to ensure the correct application of customs legislation, particularly when they obtain information pertaining to: – acts which have contravened, contravene, or would contravene such legislation and which may be of interest to the other Contracting Party; – goods known to be the subject of contraventions against the customs legislation in the territory of the other Contracting Party; – particular persons known to be or suspected of committing contraventions against the legislation in force in the territory of the other Contracting Party; – means of transport and containers, about which knowledge or suspicions exist that they were, are, or could be used in committing contraventions against the customs legislation in force in the territory of the other Contracting Party. 1. Assistance as provided for in this Agreement shall include, inter alia, information regarding: a) enforcement actions that may be of use in the prevention of contraventions; b) new methods used in committing contraventions; c) observations and findings resulting from the successful application of new enforcement aids and techniques; and d) new techniques and improved methods of processing passengers and cargo. 2. The Customs Authorities of the Contracting Parties shall, if not contrary to their domestic law, also seek to cooperate in: a) initiating, developing, or improving specific training programs for their personnel; b) establishing and maintaining channels of communication between themselves in order to facilitate the secure and rapid exchange of information; c) facilitating effective coordination between themselves, including the exchange of personnel and experts and the posting of liaison officers; d) the consideration and testing of new equipment or procedures; e) the simplification and harmonization of their respective customs procedures; and f) any other general administrative matters that may from time to time require their joint action. At the request of the applicant Authority, the requested Authority shall in accordance with its legislation take all necessary measures in order – to deliver all documents, – to notify all decisions, falling within the scope of this Agreement to an addressee residing or established in its territory. In such a case paragraph 3 of Article 7 shall apply. The requested Authority shall, as far as possible, return a proof of delivery or notification in the manner specified in the request. If this is not possible, or if the request cannot be carried out in the manner specified, the requesting Authority shall be so informed and shall be advised of the reasons thereof. 1. Requests pursuant to the present Agreement shall be made in writing. Documents necessary for the execution of such a request shall accompany the request. When required because of the urgency of the situation, an oral request may be accepted, but must be confirmed in writing immediately. 2. Requests pursuant to paragraph 1 of this Article shall include the following information: a) the applicant Authority making the request; b) the assistance requested; c) the object of and the reason for the request; d) the laws, regulations, and other legal elements involved; e) details as exact and comprehensive as possible of the natural or legal persons to which the request relates; f) a summary of the relevant facts, except in cases provided for in Article 6; and g) the connection between the assistance sought and the matter to which it relates. 3. Requests shall be submitted in English. 4. a) Assistance shall be carried out by direct communication between the respective Customs Authorities. b) In the event the Customs Authority of the requested Contracting Party is not the appropriate agency to comply with a request, it shall either promptly transmit the request to the appropriate agency, which shall act upon the request according to its powers under the law, or advise the applicant Authority of the appropriate procedure to be followed regarding such a request. 5. If a request does not meet the formal requirements, its correction or completion may be demanded; however, the ordering of precautionary measures may be undertaken. 1. The requested Authority shall take all reasonable measures to execute a request and, if required, shall endeavour to seek any official or judicial measures necessary to carry out the request. 2. The Customs Authority of either Contracting Party shall, upon the request of the Customs Authority of the other Contracting Party, conduct any necessary investigation, including the questioning of experts and witnesses or persons suspected of having committed a contravention, and undertake verifications, inspections, and fact-finding inquiries related to the matters referred to in the present Agreement. 3. Upon request, the requested Authority may, to the fullest extent possible, allow officials of the applicant Authority to be present in the territory of the requested Contracting Party when its officials are investigating contraventions which are of concern to the applicant Authority. 4. The applicant Authority shall, if it so requests, be advised of the time and place of the action to be taken in response to the request so that the action may be coordinated. 5. Officials of the applicant Authority authorized to investigate contraventions may ask that the requested Authority examine relevant books, registers, and other documents or data media and supply copies thereof or supply any information relating to the contravention. 1. The requested Authority shall communicate the results of inquiries to the applicant Authority in the form of documents, certified copies of documents, reports, and the like and, when necessary, orally. 2. The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose. Any information necessary for the interpretation or utilization of such computerized information shall be furnished along with it. 1. In cases where the requested Contracting Party is of the opinion that compliance with a request would infringe upon its sovereignty, security, public policy, or other substantive national interest or would violate an industrial, commercial, or professional secret, assistance may be refused or compliance may be made subject to the satisfaction of certain conditions or requirements. Assistance may also be refused if the request involves currency or tax regulations other than regulations concerning customs duties. 2. Where the applicant Authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be for the requested Authority to decide how to respond to such a request. 3. Assistance may be postponed by the requested Authority on the grounds that it will interfere with an ongoing investigation, prosecution, or proceeding. In such a case, the requested Authority shall consult with the applicant Authority to determine if assistance can be given subject to such terms or conditions as the requested Authority may require. 4. If assistance is withheld or denied, the applicant Authority must be informed of the decision and the reasons therefore without delay. 1. Any information communicated in whatever form pursuant to this Agreement shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the same protection extended under the relevant laws relating to the same kind of information applicable in the Contracting Party which receives it. 2. Personal data may only be transmitted if the level of personal protection afforded by the legislation of the Contracting Parties is equivalent. The Contracting Parties shall ensure at least a level of protection based on the principles laid down in the Annex to this Agreement. 1. Information, documents, and other communications received in the course of mutual assistance may only be used for the purposes specified in the present Agreement, including their use in judicial and administrative proceedings. 2. The applicant Authority shall not use evidence or information obtained under this Agreement for purposes other than those stated in the request without the prior written consent of the requested Authority. 3. Where personal data is exchanged under this Agreement, the Customs Authorities of the Contracting Parties shall ensure that it is used only for the purposes indicated in the request and according to any conditions that the requested Contracting Party may impose. 4. The provisions of paragraphs 1 and 2 of this Article do not apply to information concerning contraventions relating to narcotic drugs and psychotropic substances. Such information may be communicated to the authorities of the applicant Contracting Party which are directly involved in combatting illicit drug traffic. 1. The Customs Authorities of the Contracting Parties shall, upon request, provide documentation relating to the transportation and shipment of goods showing the value, origin, disposition, and destination of those goods. 2. Originals of files, documents, and other materials shall be requested only in cases where copies would be insufficient. Upon specific request, copies of such files, documents, and other materials shall be appropriately authenticated. 3. Originals of files, documents, and other materials which have been furnished to the applicant Authority shall be returned at the earliest opportunity. The rights of the requested Authority or of third parties relating thereto shall remain unaffected. Upon request, originals necessary for adjudicative or similar purposes shall be returned without delay. 4. Upon the request of the Customs Authority of one Contracting Party, the Customs Authority of the other Contracting Party shall, at its discretion, authorize its employees, if such employees consent to do so, to appear as witnesses in judicial or administrative proceedings in the territory of the applicant Contracting Party and produce such files, documents, and other materials or authenticated copies thereof as may be considered necessary for the proceedings. Such a request shall specify the time, place, and type of proceedings and in what capacity the employee shall testify. 1. The Customs Authorities of the Contracting Parties shall waive all claims for the reimbursement of costs incurred in the execution of requests pursuant to the present Agreement, with the exception of expenses for witnesses, fees of experts, and the cost of interpreters other than government employees. 2. If expenses of a substantial and extraordinary nature are or shall be required in order to execute a request, the Customs Authorities of the Contracting Parties shall consult to determine the terms and conditions under which the request shall be executed, as well as the manner in which those expenses shall be borne. 1. The implementation of this Agreement shall be entrusted to the Customs Authorities of the Contracting Parties. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration regulations in the field of data protection. 2. After consultation, the Customs Authorities of the Contracting Parties may issue any administrative directives necessary for the implementation of this Agreement. 3. The Customs Authorities of the Contracting Parties may arrange for their investigation services to be in direct communication with each other. 1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify one another by an exchange of diplomatic notes that all necessary national legal requirements for its entry into force have been fulfilled. 2. The Customs Authorities of the Contracting Parties agree to meet in order to review this Agreement or to discuss any other customs matters which may arise out of the relationship between them upon the request of one of the Customs Authorities or at the end of five years from the date of its entry into force, unless they notify one another in writing that no such review or discussion about other customs matters is necessary. 3. This Agreement shall remain in force indefinitely. It shall be terminated six months from the date on which either Contracting Party shall have given written notice through diplomatic channels to the other Contracting Party of its desire for the termination of this Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed this Agreement. Done at Ljubljana on 21 August 2002, which corresponds to the 13 day of Elul 5762, in two originals in the Slovene, Hebrew, and English languages, all texts being equally authentic. In the event of any divergence of interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Dr. Dimitrij Rupel, (s) For the Government of the State of Israel Shimon Peres, (s) ANNEX 1. Personal data undergoing automatic processing shall be: a) obtained and processed fairly and lawfully; b) stored for specified and legitimate purposes and not used in a way incompatible with those purposes; c) adequate, relevant, and not excessive in relation to the purposes for which they are stored; d) accurate and, where necessary, kept up to date; e) preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored. 2. Personal data concerning health or sexual life may not be processed automatically unless domestic law provides appropriate safeguards. The same shall apply to personal data relating to criminal convictions. 3. Appropriate security measures shall be taken for the protection of personal data stored in automated data files against unauthorized destruction or accidental loss, as well as against unauthorized access, alteration, or dissemination. 4. Any person shall be enabled: a) to establish the existence of an automated personal data file, its main purposes, and the identity and habitual residence or principal place of business of the controller of the file; b) to obtain at reasonable intervals and without excessive delay or expense confirmation of whether personal data relating to himself are stored in the automated data file as well as communication to him of such data in an intelligible form; c) to obtain, as the case may be, rectification or erasure of such data if they have been processed contrary to the provisions of domestic law giving effect to the basic principles set out in principles 1 and 2 of this Annex; d) to have remedy if a request for communication or, as the case may be, communication, rectification or erasure as referred to in paragraphs b and c of this principle is not complied with. 5. No exception to the provisions under principles 1, 2, and 4 of this Annex shall be allowed, except within the limits defined in these principles. 6. Derogation of the provisions under principles 1, 2, and 4 of this Annex shall be allowed when such derogation is provided for by the law of a Contracting Party and constitutes a necessary measure in a democratic society in the interest of: a) protecting State security, public safety, the monetary interests of the State, or the suppression of criminal offences; b) protecting the data subject or the rights and freedoms of others. 7. Restrictions on the exercise of the rights specified in principle 4, paragraphs b, c, and d of this Annex, may be provided by law with respect to automated personal data files used for statistics or for scientific research purposes where there is obviously no risk of an infringement of the privacy of the data subjects. 8. None of the provisions of this Annex shall be interpreted as limiting or otherwise affecting the possibility for a Contracting Party to grant data subjects a wider measure of protection than that stipulated in this Annex.