12. člen BBGKP

(1)Ta sporazum se potrdi v skladu z notranjepravnimi postopki pogodbenic in začne veljati trideset dni po prejemu druge diplomatske note o potrditvi.

(2)Ta sporazum se sklene za nedoločen čas. Vsaka pogodbenica ga lahko pisno odpove in preneha veljati šest mesecev po prejemu diplomatske note. Sklenjeno v Ljubljani dne 5. novembra 2001 v dveh izvirnikih v slovenskem, bolgarskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Ob razlikah v razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Dr. Dimitrij Rupel l. r. Za Vlado Republike Bolgarije Solomon Isaac Passy l. r. The Government of the Republic of Slovenia and the Government of the Republic of Bulgaria (hereinafter referred to as the Contracting Parties) Willing to facilitate the international transport of goods, Having in mind that the effective international transport of goods is an important condition for trade relations, Recognising the need arising from environmental reasons and the limited capacity of road transport to establish a modern transport system by using the advantages of transport by rail, inland waterways or sea, in order to create acceptable alternatives to road transport from an economic standpoint and that of protecting the population, Convinced that development of combined transport signifies a possible solution to the problems of international traffic, Aiming towards mutual co-operation, Based on international agreements concerning international transport of goods, Have agreed as follows:

(1)This Agreement shall apply to international combined transport of goods in intermodal transport units and road vehicles carried out partly by rail, inland waterways or sea and partly by road between the territories of the Contracting Parties or in transit through their territories or through the territory of either Contracting Party using means of transport registered with the authorities of the Contracting Parties.

(2)The provisions of this Agreement shall not affect any multilateral or bilateral Agreements binding the Contracting Parties. For the purposes of this Agreement: (a) international combined transport shall mean intermodal transport where the major part of the European journey is by rail, inland waterways or sea and any initial and/or final legs carried out by road are as short as possible; (b) “intermodal transport” shall mean the movement of goods in one and the same loading unit or road vehicle, which successively uses two or more modes of transport without handling the goods themselves in changing modes; (c) intermodal transport unit shall mean a container, swap body, semi-trailer and trailer suitable for intermodal transport; (d) “road vehicle” shall mean a motor vehicle designed and used for transport of goods. Any combination of a road vehicle with a trailer or of a tractor with a semi-trailer is also considered a road vehicle, whereas the road vehicle or the tractor must be registered in one of the Contracting Parties; (e) “terminal of combined transport” shall mean the site where intermodal transport units or road vehicles are loaded, unloaded or reloaded from one mode of transport to another; (f) pre-carriage and on-carriage by road shall mean the carriage by road of intermodal transport units or road vehicles between the loading or unloading station or border crossing point and the nearest terminal of combined transport whereby the distance measured by air must not exceed the limit set by the legal regulations of a Contracting Party; (g) accompanied transport shall mean the transport of road vehicles, accompanied by the driver, using another mode of transport (a special ship or a train); (h) unaccompanied transport shall mean the transport of road vehicles or intermodal transport units, not accompanied by the driver, using another mode of transport (a special ship or a train); (i) “bonus quota” shall mean permits issued as a reward for a certain number of journeys performed by combined transport; (j) “rolling road“ shall mean the carriage of road vehicles on special wagons; (k) RO-RO service shall mean the carriage of road vehicles and intermodal transport units by special ships; (l) competent authority shall mean: for the Republic of Slovenia - the Ministry of Transport, and for the Republic of Bulgaria - the Ministry of Transport and Communications; (m) “Joint Committee“ shall mean the committee on combined transport set up under Article 11 of this Agreement.

(1)The Contracting Parties agree that pre-carriage and on-carriage by road in unaccompanied transport in the territory of one Contracting Party using road vehicles registered in the other Contracting Party shall be performed by a transport operator exclusively on the basis of a special authorisation issued by the competent authority of the Contracting Party in whose territory pre-carriage and on-carriage by road is performed.

(2)A transport operator may perform pre-carriage and on-carriage by road in unaccompanied transport, provided he is the consignor or is so authorised by the combined transport contractor.

(3)Within the framework of the Joint Committee the Contracting Parties shall inform each other of the terminals of combined transport, of the distances over which pre-carriage and on-carriage by road in unaccompanied transport may be performed as well as of the possibilities for exemption from payment of road user charges according to the national legislations in force.

(4)A road vehicle intended for pre-carriage and on-carriage by road in unaccompanied transport may be parked in the area of the terminal of combined transport or in parking places in their immediate surroundings and in a private facility (parking area) on the basis of an authorisation issued by the authorities and in accordance with the legal regulations of the Contracting Party where the terminal is located.

(5)Pre-carriage and on-carriage by road in unaccompanied transport between the loading or unloading station and the terminal of combined transport shall be performed along the shortest common route.

(1)The movement of road vehicles between the state border crossing point and the terminal of combined transport on the territory of the other Contracting Party shall be performed without a permit and the road vehicles shall be exempted from road user charges for a certain distance, which is agreed upon between the competent authorities of the Contracting Parties. The authorities shall let pass without a permit those road vehicles carrying a relevant document proving the right to perform combined transport.

(2)A transport of a distance longer than that mentioned in the previous paragraph shall be subject to a special permit issued by the competent authority of the relevant Contracting Party. The permit shall indicate that it refers to combined transport, that it is with or without payment of road user charges and that it is valid only for this transport. The quota of special permits for accompanied transport shall be agreed on reciprocal basis at a Joint Committee session.

(3)The Contracting Parties shall endeavour to ensure that the total stop time of rolling road trains at the border crossing points does not exceed thirty minutes.

(1)The documents giving the right to carry out combined transport shall be kept in the road vehicle and shall be presented on demand to the authorities of either of the Contracting Parties. In case such a document is not presented, the road vehicle is considered to be without a permit and treated accordingly. Any modification or unauthorised correction of such document cancels its validity. Such documents shall be confiscated and a relevant document issued.

(2)When entering or leaving the territory of either of the Contracting Parties, the persons and the vehicles carrying out combined transport shall be subject to control according to the regulations of the national legislations of the Contracting Parties.

(1)The Contracting Parties undertake to provide incentives to the contractors of transport by rail, inland waterways or sea and combined transport companies, and to adopt and co-ordinate support measures, especially with respect to unaccompanied transport as well as accompanied transport, if justified.

(2)The Contracting Parties undertake to support the construction and modernisation of infrastructure required for successful operation of combined transport.

(3)The Contracting Parties shall exempt pre-carriage and on-carriage by road from driving bans on road vehicles as stipulated by their national legislations.

(4)The Contracting Parties shall facilitate pre-carriage and on-carriage by road performed by road vehicles carrying ISO containers in combined transport whose total laden weight does not exceed 44 tons.

(5)The Contracting Parties shall endeavour to transfer border procedures to terminals of combined transport.

(6)The Contracting Parties shall endeavour to harmonise railway infrastructure and border procedures in railway traffic with the regulations and standards provided for in the European Agreement on Important International Combined Transport Lines and Related Installations (AGTC).

(7)The Joint Committee shall determine the ratio of performed transport and bonus permits for road transport when using rolling road and Ro-Ro services during the freight transport between the territories of the Contracting Parties or in transit through their territories by road vehicles registered in one of the Contracting Parties.

(8)The bonus permits under the previous paragraph shall be exchanged by the competent authorities quarterly.

(1)The Contracting Parties undertake to encourage contractors of transport by rail, inland waterways or sea to prepare together with combined transport companies competitive offers for combined transport with a special emphasis on the quality of transport, shorter transport times and meeting of delivery terms.

(2)The Contracting Parties shall encourage road hauliers to take advantage of combined transport to the highest extent possible.

(3)The Contracting Parties undertake to inform each other of the measures which might affect further development of combined transport. With the aim of further developing combined transport and solving any problems either Contracting Party may propose that the Joint Committee is convened. The competent authorities shall inform each other in due time of any alteration in their national legislation concerning combined transport, as well as of any alteration concerning the powers of the respective competent authority.

(1)Transport operators including their staff shall comply with the legal regulations of the other Contracting Party.

(2)The competent authority in the country of establishment may, in the event of serious or repeated infringements committed on the territory of the host country, and at the latter’s request, take the following measures: · issue a warning, · prohibit the performance of transport on the territory of the Contracting Party where the infringement(s) was (were) committed. In particularly serious cases, the competent authority of the host country may temporarily prohibit the performance of transport by the infringer on its territory pending a decision by the competent authority in the country of establishment.

(3)The competent authorities shall inform each other of the measures imposed.

(4)The provisions of paragraph 2 do not exclude other lawful sanctions undertaken by the authorities of the Contracting Party on whose territory the violation was committed.

(1)The Contracting Parties undertake not to exploit or use the data or information of the other Contracting Party concerning the implementation of this Agreement against the latter’s interests and not to disclose them to any third party without prior written consent of the other Contracting Party.

(2)Protection and transmission of data shall be conducted in accordance with the legal regulations of each Contracting Party. Data and information may be provided to the authorities, the prosecution and the court if required in an official inquiry.

(3)The provisions of paragraphs 1 and 2 do not refer to the data that must be communicated to the European Union according to the provisions of Council Directive 92/106/EEC. The Contracting Parties shall adopt special measures in case of an interruption of traffic exceeding twelve hours in order to provide for the flow of international combined transport.

(1)For the purposes of implementing this Agreement the Contracting Parties shall establish a Joint Committee. Each Contracting Party shall appoint three members to the committee headed by a representative of the competent authority. The chairpersons shall have the right to invite other experts to attend the Joint Committee sessions.

(2)The work of the Joint Committee shall be determined by its standing orders to be adopted at its first session. The Joint Committee shall pass decisions according to the principle of unanimity. The sessions of the Joint Committee shall be convened at least once per year, alternately in the territories of the Contracting Parties.

(3)The Joint Committee shall have the right to propose amendments to this Agreement.

(4)The decisions adopted by the Joint Committee shall be binding for the competent authorities of the Contracting Parties.

(1)This Agreement shall be approved in accordance with the internal legal procedures of the Contracting Parties and shall enter into force thirty days after the receipt of the second of the diplomatic notes on approval.

(2)This Agreement shall be concluded for an indefinite period of time. Each Contracting Party may denounce it in writing and it shall cease to be valid six months after the receipt of the diplomatic note. Done at Ljubljana on 5 November 2001 in two originals in the Slovene, Bulgarian and English languages, all texts being equally authentic. In case of differences in interpretation, the English text shall prevail. For the Government of the Republic of Slovenia dr. Dimitrij Rupel l. r. For the Government of the Republic of Bulgaria Solomon Isaac Passy l. r.