15. člen BFIMCP

1. Ta sporazum začne veljati trideseti dan po tem, ko se pogodbenici medsebojno uradno obvestita o tem, da so izpolnjene notranjepravne zahteve za začetek veljavnosti mednarodnih sporazumov. Sporazum se začasno uporablja od dneva podpisa. 2. Ta sporazum velja za nedoločen čas; ena ali druga pogodbenica ga lahko odpove s pisnim obvestilom. Odpoved začne veljati tri mesece po dnevu, ko druga pogodbenica prejme obvestilo. V dokaz tega sta podpisana, ki sta ju za to pravilno pooblastili njuni vladi, podpisala ta sporazum. Sestavljeno v dveh izvirnikih v Bukarešti dne 29. maja 2002, vsak v slovenskem, finskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna in enako pravno veljavna. Pri razlikah v razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Jakob Presečnik l. r. ZA Vlado Republike Finske Kimmo Sasi l. r. The Government of the Republic of Slovenia and the Government of the Republic of Finland, hereinafter called the Contracting Parties: Anxious to contribute to the development of trade and economic relations between their countries; Determined to promote cooperation in road transport within the framework of the market economy; Concerned about environment and people protection, the rational use of energy, road safety and the improvement of drivers' working conditions; Aiming towards the development of transport intermodality; Recognising the mutual advantage and interest of an agreement on road transport; Have agreed and decided as follows: 1. The present Agreement applies to road transport by transport operators established on the territory of a Contracting Party by means of vehicles registered on that territory with the points of departure and destination in the said territory and involving transit through that territory and through the territory of the other Contracting Party. 2. The present Agreement does not affect the rights and obligations arising from the other international commitments of the two Contracting Parties. In this Agreement: 1. "Transport Operator" means any natural person or legal person established on the territory of one of the Contracting Parties and registered to carry out transport operations of passengers or goods. 2. "Vehicle" means a motor vehicle registered in the territory of one of the Contracting Parties and by virtue of its construction and equipment intended for the transport of passengers or goods. 3. "Transport" means the runs by a vehicle, either laden or unladen even if the vehicle, trailer or semi-trailer is carried by train or boat for part of the journey. 4. "Cabotage" means the transport of passengers or goods carried out by a transport operator of one Contracting Party between individual places within the territory of the other Contracting Party. 5. "Territory of a Contracting Party" means respectively the territory of the Republic of Slovenia and the territory of the Republic of Finland. 6. "Country of establishment" means the territory of a Contracting Party within which the transport operator is established and the vehicle registered. 7. "Host country" means the territory of a Contracting Party in which the transport operator is operating without its vehicle being registered there and without the transport operator being established there. 8. "Bus" means vehicle registered in the territory of one of the Contracting Parties and by virtue of construction and equipment suitable and intended for the transport of passengers, which have, in addition to the driver’s seat, more than eight sitting places. 9. "Regular passenger service" means a service which carries passengers over a specified route, according to a timetable set and published in advance. Passengers are picked up or set down at predetermined stopping points. 10. "Occasional and shuttle service" means a service not falling within the definition of a regular passenger service. 11. "Control document" means the waybill for buses and coaches, conforming to the specimen laid down in ASOR Agreement. 1. Regular services operated by bus are subject to a system of authorisations issued by the competent authority in the country of departure, destination and transit. 2. The authorisation application should be made to the competent authority in the country of establishment of the transport operator. 3. Authorisations are issued by joint agreement by the competent authorities of the Contracting Parties. The decision to grant or refuse an authorisation is taken within a period of three months unless there are special circumstances. Authorisations are valid for a maximum of five years. 4. Changes in operating conditions and the cancellation of the service are decided under the procedure set out in paragraphs 2 and 3. If there is no longer any demand for the service, the operator can cancel it giving three months notice to the competent authorities which issued the authorisations and to customers. 1. The occasional services and the shuttle services operated by buses are subject to a system of authorisations or permits issued by the competent authority in the country of departure, destination and transit. 2. As an exception to paragraph 1, the services listed below are exempt from any authorisation or permit system on the territory of the host country: a) closed-door tours whereby the same vehicle is used to carry the same group of passengers throughout the journey and to bring them back to the place of departure; b) services which make the outward journey laden and the return journey unladen; c) services which make the outward journey unladen and the return journey laden, provided that passengers: have been previously brought by the same carrier into the territory of the Contracting Party where they are picked up again and carried into the territory of the country of establishment. 3. The picking up of passengers on a liberalised service journey is not permitted unless special authorisation is granted. The Joint Committee set up under Article 14 hereof may extend the authorisation or permit exemption to other categories of occasional services and shuttle services. 4. The authorisation or permit application should be made to the competent authority in the host country. The Joint Committee set up under Article 14 hereof decides on the form that the authorisation or permit application takes and the supporting documents required. The decision to grant or refuse an authorisation or a permit is taken within a period of one month unless there are special circumstances. 5. The occasional services and shuttles exempted from authorisation or permit requirements and operated using buses must be covered by a control document. The conditions of use and the content of the control document are laid down by the Joint Committee referred to in Article 14 hereof. 1. Authorisations and permits are not transferable to other transport operators. 2. The running of cabotage services is prohibited. Local trips organised solely for a group of passengers brought to that location by the same transport operator are not deemed to be cabotage services provided that they are entered on the waybill and approved by the competent authority. 1. Transport operators established on the territory of a Contracting Party may, under the system of permits, undertake on the territory of the other Contracting Party: a) transport between the territories of the two Contracting Parties and transit through their territories; b) transport between a point on the territory of the other Contracting Party and a point on the territory of a third State. 2. Cabotage is only permitted with the special authorisation. 1. As an exception to Article 6, the following categories of transport are exempted from permit requirements: a) Transport by vehicles whose Total Permissible Laden Weight [TPLW], including trailers, does not exceed 3,5 tonnes. b) Transport of vehicles which are damaged or have broken down and the transport of breakdown repair vehicles. c) Unladen runs by a goods vehicle sent to replace a vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that had broken down. d) Transport of spare parts and provisions for ocean-going ships and aircrafts. e) Transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disasters and humanitarian needs. f) Transport of works and objects of art for fairs and exhibitions or for non-commercial purposes. g) Transport for non-commercial purposes of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, fairs or fetes, and those intended for radio recordings, or for film or television production. h) Removals carried out by enterprises with special staff and equipment for this purpose. i) Funeral transport. 2. The competent authorities of the two Contracting Parties may add to, or remove from, the list of transport categories exempted from the permit requirements. 1. The competent authorities of the two Contracting Parties exchange an agreed number of permits every year. Permits for the transport of goods are valid 13 months from the beginning of each calendar year. 2. Permits are not transferable. 3. Permits can only be used for one vehicle at a time. In the case of combinations of vehicles, the motor vehicle is the determining factor in permit issue or exemption. 4. The Joint Committee referred to in Article 14 hereof determines the quota and any further conditions governing permits for different uses. 5. The running of cabotage services is prohibited except where specially authorised by the competent authority. 1. Transport by means of vehicles registered on the territory of a Contracting Party temporarily operating on the territory of the other Contracting Party under the terms of this Agreement are on a mutual basis exempted from payment of road user charges and all other taxes related to the ownership, registration and running of the vehicle as well as special taxes on transport services. 2. The fuel contained in the normal, by the manufacturer built-in fixed tanks of the vehicle intended to drive the vehicle, as well as lubricants and spares are exempt from all import duty in the territory of the host country provided that the transport operator complies with the relevant customs regulations. 3. The transport covered by the terms of this Agreement is subject in the host country to the tolls and other duties levied for the use of the road network or bridges. The tolls and other charges are levied on transport operators of both Contracting Parties indiscriminately. 1. The permissible maximum weight, axle weight and dimensions of vehicles must not exceed those entered in the registration documents nor the upper limits in force in the host country. 2. The use in the host country of vehicles whose weight and dimensions exceed the permissible upper limits is permitted only with a special authorisation applied for in advance. 1. Vehicles carrying dangerous goods or perishable goods must be fitted out and equipped in accordance with the requirements of the ADR and ATP Conventions. 2. Equipment used to monitor crew driving and rest time on vehicles must comply with the provisions of the AETR Agreement. 3. The Contracting Parties undertake to promote, within the framework of this Agreement, the use of vehicles meeting stringent safety and emission standards. 4. The Joint Committee referred to in Article 14 can, when deciding on quotas and future liberalisation, give more favourable treatment to vehicles that meet the most modern safety and emission standards. The permits, authorisations, control documents and other papers under this Agreement, as well as the other papers required under multilateral or bilateral agreements or under national law, must be kept in vehicles and be produced at the request of control officials. 1. The transport operators of a Contracting Party and the crews of their vehicles must, when on the territory of the other Contracting Party, comply with the laws and regulations in force in that country. 2. In the event of any infringement of the provisions of this Agreement by a transport operator of a Contracting Party, the Contracting Party on whose territory the infringement occurred shall, without prejudice to its own legal proceedings, notify the other Contracting Party which will take such steps as are provided for by its national laws. In particularly serious cases, the competent authority of the host country may temporarily prohibit entry pending a decision by the competent authority in the country of establishment. The Contracting Parties shall keep each other mutually informed on decisions taken. 1. The competent authorities of the Contracting Parties shall take the necessary steps to implement and apply this Agreement and pass on any useful information to each other. The competent authorities shall also keep each other mutually informed of any change in national law affecting the application hereof. The competent authorities shall afford each other mutual assistance for the purpose of implementing of this Agreement. 2. A Joint Committee shall be set up by the Contracting Parties for the purpose of the implementation of this Agreement and to handle the issues related to this Agreement. 1. This Agreement shall enter into force on the 30th day after the Contracting Parties have notified each other that the constitutional requirements pertaining to the entry into force of international agreements have been fulfilled. This Agreement shall be used provisionally as from the date of the signature. 2. This Agreement shall remain in force for an indefinite period of time; either Contracting Party may cancel it by written notice. It shall terminate three months after the date of receipt of notice by the other Contracting Party. In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. Done in two originals at Bucharest on 29th May 2002 each in the Slovene, the Finish and the English languages, each texts being equally authentic and has equal legal force. In case of divergence of interpretation the English text shall prevail. For the Government of the Republic of Slovenia Jakob Presečnik (s) For the Government of the Republic of Finland Kimmo Sasi (s)