2. člen BMNMCP

Besedilo sporazuma se v izvirniku v angleškem jeziku in v slovenskem prevodu glasi: The Government of the Republic of Slovenia and the Government of Montenegro, hereinafter referred to as the Contracting Parties; Anxious to establish to the development of trade and economic relations between two countries; Determined to promote cooperation in international transport within the framework of the market economy; Concerned about the protection of the environment and people, the rational consumption of energy, road safety and the improvement of drivers working conditions; Aiming towards the development of transport intermodality; Recognizing the mutual interest and advantage of an agreement on international road transport; Have agreed as follows: 1. The present Agreement regulates the international transport of passengers and goods by road performed by transport operators established in the territory of a Contracting Party by means of vehicles registered in that territory, with the points of departure in the territory of one Contraction Party and destination in the other Contracting Party or in transit through territory of one of the Contracting Party. 2. This Agreement does not affect the rights and obligations arising from the other international commitments of the two Contracting Parties, nor does it affect the regulations of the European Union and the international agreements between/the European Union and non-member States. In this Agreement some terms have the following meaning: 1. “Transport Operator” means any natural or legal person authorized to perform the international carriage of passenger and goods by road, in accordance with regulations of a Contracting Party on which territory it is established. 2. “Vehicle” means a motor vehicle or a combination of vehicles, registered in the territory of one of the Contracting Parties and by virtue of its construction and equipment intended for the international transport of passengers or goods by road, at the disposal of transport operator through being its own property or through a hiring or leasing contract. 3. “Bus” means a 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 and which has, in addition to the driver's seat, more than eight sitting places. 4. “Transport” means the operations of a vehicle, either laden or unladen, including the transport of vehicles by train or boat for a part of the journey. 5. “Cabotage” means the transport of passengers or goods between some points within the territory of one Contracting Party carried out by a transport operator of the other Contracting Party. 6. “Combined Transport” means the transport of goods whereby the lorry, trailer, semi-trailer, swap body or container, with or without tractor, use the road for the initial or terminal leg of the journey, which is as short as possible, and travel by rail, waterway or sea for the major part of the journey. 7. “Territory of a Contracting Party” means respectively the territory of Republic of Slovenia and the territory of Montenegro. 8. “Country of establishment” means the territory of the Contracting Party within which the transport operator is established and in which the vehicle is registered. 9. “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. 10. “Regular passenger service” means a service which carries passengers over a specified route, according to a timetable and price list set and published in advance. The regular passenger service is intended for everyone under the same conditions, with passengers picked up and set down at predetermined stopping points. 11. “Shuttle service” means a service whereby, by means of repeated outward and return journeys, previously organized groups of passengers are carried from a single place of departure to a single destination. The place of departure and the place of destination respectively mean the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding locality within a 50 km radius. Each group consists of the passengers who travel together and return to the place of departure on a later journey. The service as a shuttle service is not affected by the fact that some passengers make the return journey with another group. The first return journey and the last outward journey in a series of shuttle services are made unladen. 12. “Occasional service” means a service falling neither within the definition of a regular passenger service nor within the definition of a shuttle service, where frequency or number of services does not affect their classification as an occasional service. 13. “Control document” means the waybill which includes the data on the vehicle, transport operator, driving personnel, type of carriage, itinerary and passengers. 1. Regular passenger services operated by bus shall be subject to a system of authorizations issued by the oompetent authority in the country of departure, destination and transit. 2. The authorization application referred to in the first paragraph of this Article should be made to the competent authority in the country of establishment of the transport operator. If the competent authority of the country of establishment approves the application, the application is communicated to the competent authority of the host country. The Joint Committee set up under Article 14 hereof decides on the form the application for authorization takes and the supporting documents required, as well as on environmental, safety and other conditions for the issue of an authorization. 3. The authorization referred to in the first paragraph of this Article is issued by joint agreement by the competent authorities of the Contracting Parties.The decision to grant authorization or refuse an application should be taken by the competent authorities of the Contracting Parties within a period of 90 days from the day of receipt of the application for authorization from the competent authority of the Country of establishment, if there are no unpredictable circumstances. In the event of unpredictable circumstance, this deadline may be changed on which the competent authorities keep each other informed. The authorization referred to in the first paragraph of this Article is valid for a maximum of five years. It sets out the operating conditions for the performance of regular passenger services. 4. Changes in operating conditions and the cancellation of the service are decided according to the procedure set out in paragraphs 2 and 3 of this Article. If there is no longer any demand for the service, the operator can cancel it informing competent authorities which issued the permits and customers as well, within the period fixed by the Joint Committee from the Article 14 of this Agreement. 1. The occasional services and shuttle services operated by buses are subject to a system of authorizations or permits issued by the competent authority in the country of departure, destination and transit. 2. As an exception to the provision of the paragraph 1 of this Article, the services listed below are exempt from any authorization or permit system in the territory of the Contracting Parties: 2.1 closed-door tours whereby the same bus is used to carry the same group of passengers throughout the journey and to bring them back to the place of departure, in the country where the transport operator is established; 2.2 services carrying passengers from the place of departure in the territory of the Country of establishment of the transport operator to the destination and making the return journey unladen; 2.3 services which make the outward journey unladen and the return journey laden, provided that the passengers: a) constitute a group formed under a contract of transport entered into before their arrival in the territory of the host country where they are previously picked up and carried into the territory of the country of establishment. b) have been previously brought by the same transport operator in the territory of the Contracting Party where they are picked up again and carried into the territory of the country of establishment. c) have been invited to travel into the territory of the country of establishment of the transport operator, the cost of transport being borne by the person issuing the invitation. 2.4 unladen run by bus sent to replace a bus which has broken down. 3. 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 picking up and landing of passengers during the journey referred to in the second paragraph of this Article is not permitted unless special authorisation is granted by the competent authority of the host country. 5. The authorization or permit application referred to in the first paragraph of this Article should be made to the competent authority in the country of establishment of the transport operator. If the competent authority of the country of establishment approves the application, the application is communicated to the competent authority of the host country. 6. The Joint Committee set up under Article 14 hereof decides on the form that the authorization or permit application takes and other supporting documents required. The competent authorities of the Contracting Parties issue the authorisation referred to in the first paragraph of this Article within a period of one month from the day of submission of the application by the competent authority of the Other Contracting Party. This deadline may be changed in the event of unanticipated circumstances, of which the competent authorities keep each other informed. 7. While performing the services referred to in the second and fourth paragraphs of this Article the transport operator is required to keep a control document ill the vehicle. 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. The transport authorizations and permits referred to in Articles 3 and 4 hereof are personal and not transferable to other transport operators. 2. The running of cabotage services is prohibited. Local trips organized 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 control document. 1. Transport operators established in the territory of a Contracting Party, under the system of permits, undertake in the territory of the other Contracting Party; 1) transport between the territories of the two Contracting Parties; 2) transport between a point in the territory of the other Contracting Party and a point in the territory of a third State. 2. Cabotage is only permitted with the special authorization of the competent authority of the host country. 1. As an exception to the provisions of Article 6 hereof, the following categories of transport are exempted from permit requirements: 1) Transport by vehicles whose Total Permissible Laden Weight, including trailers, does not exceed 6 tonnes, or when the permitted payload, including trailers, does not exceed 3.5 tonnes. 2) Occasional transport to or from airports in cases where regular air services are diverted. 3) Transport of vehicles which are damaged or have broken down and the transport of vehicles to be repaired. 4) Unladen runs by a goods vehicle sent to replace a goods vehicle which has broken down in another country, and also the return run, after repair, of the vehicle that has broken down. 5) Transport of livestock in special purpose – built or permanently converted vehicles for the transport of livestock. 6) Transport of spare parts and provisions for aircraft and ocean-going ships. 7) Transport of medical supplies and equipment needed for emergencies, especially in response to natural disasters and humanitarian needs. 8) Transport of works and objects of art for fairs and exhibitions or for Non-commercial purposes. 9) Transport for non-commercial purposes of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, fairs or fetes, and the equipment urgently required for radio recordings, film or television production. 10) Removals carried out by appropriate equipment and staff. 11) Funeral transport. 12) First and final leg – international and national – by road of combined transport, providing, respectively, that the appropriate freight loading and unloading station closest to the point of loading or unloading of the freight is used. 13) Transport of mail. 2. The Joint Committee referred to in Article 14 hereof may, by mutual agreement, add to, or remove from, the list of transport categories referred to in the first paragraph of this Article exempted from the permit requirements. 3. The Joint Committee referred to in Article 14 hereof may exempt from the system of permits all categories of transport for a definite period of time. 1. The competent authorities of the two Contracting Parties agree a number of permits and exchange the blank permit forms every year, and they are valid for 13 months from the beginning of each calendar year. 2. The permit referred to in the first paragraph of this Article is not transferable. 3. The permit referred to in the first paragraph of this Article 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 qupta, category, conditions of issue and use of blank permit forms as well as the conditions under which individual categories of transport may be exempted from the permit system. 5. The running of cabotage services is prohibited except where specially authorized by the competent authority of the host country. 1. Transport by means of vehicles registered in the territory of one Contracting Party and operating temporarily in the territory of the other Contracting Party is, under the provisions of this Agreement, and according to the reciprocity principle, exempt from payment of all taxes related to ownership, registration and the running of the vehicle. 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 provisions of this Agreement is subject in the host country to road user charges, tolls and other duties levied for the use of the road network, bridges, tunnels etc. in the host country. The tolls and charges are levied to local and foreign transport operators indiscriminately. 4. The Joint Committee referred to in Article 14 hereof may consider and propose to the competent authorities the partial or total exemption, on a reciprocal basis, from the payment of levies by a transport operator in connection with the performance of transport services. 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 authorization issued by the competent authority of the host country and applied for it in advance. 1. Vehicles carrying dangerous goods or perishable goods must be fitted out and equipped in accordance with the international regulations (requirements of ADR or ATP Agreements). 2. Equipment used to monitor crew driving and rest time on vehicles must comply with the international regulations (provisions of AETR Agreement). 3. The Contracting Parties undertake to promote, within the framework of this Agreement, the use of vehicles meeting safety and emission standards. In accordance with the EU regulation in this field and the same are applied with undertaken international obligations. 4. In accordance to the third paragraph of this Article, the Joint Committee referred to in Article 14 hereof may, when deciding on quotas and possible future liberalization, give more favorable treatment to vehicles that meet the most modern safety and environmental standards. The permits and all other documents foreseen under multilateral or bilateral agreements or under national law, must be kept in the vehicles and be produced at the request of the competent authorities of the host country. 1. The transport operators of a Contracting Party and the crews of their vehicles must, when in the territory of the other Contracting Party, comply with the laws and regulations in force in the host country. 2. In the event of any infringement in the host country of the provisions of this Agreement by a transport operator, the competent authority of the host country shall notify the competent authority of the country of establishment with the intention that the latter authority takes the necessary measures against the transport operator, as provided for by its national legislation. 3. The Contracting Parties shall keep each other informed of the sanctions imposed. 4. The provisions of the first and the second paragraphs of this Article shall not exclude the measures taken by the judicial or other competent authorities of the host country. 1. The competent authorities of the Contracting Parties are obliged to take all the necessary steps for the application of this Agreement and shall keep each other informed on any useful information and on any change in national law affecting the application hereof. 2. The competent authorities shall offer each other mutual assistance for the purpose of implementing this Agreement. 3. 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 when the Contracting Parties have notified each other through diplomatic channels that the procedures for its entry into force in accordance with national legislation have been completed. 2. On the date of entry into force of this Agreement, as between Montenegro and the Republic of Slovenia, the Agreement between the Federal Government of the Federal Republic of Yugoslavia and the Government of the Republic of Slovenia on international road transport of passengers and goods, signed in Ljubljana on 2 November, 2001, as applied between the Contracting Parties on the basis of succession, shall terminate. 3. This Agreement shall remain in force unless it is terminated by written notice through diplomatic channels by one of the Contracting Parties. In that case, the termination of the Agreement shall take effect six months after the other Contracting Party has received the above-mentioned notice. In witness whereof the undersigned, being duly authorized thereto, have signed this Agreement. Done at Podgorica on 23. 6. 2009 in two originals in English language. For the Government of the Republic of Slovenia Patrick Vlačič (s) For the Government of Montenegro Andrija Lompar (s) Vlada Republike Slovenije in Vlada Črne gore (v nadaljnjem besedilu: pogodbenici) sta se v želji prispevati k razvoju trgovinskih in gospodarskih odnosov med državama, odločeni spodbujati sodelovanje v mednarodnem prevozu v okviru tržnega gospodarstva, v skrbi za varstvo okolja in ljudi, smotrno uporabo energije, varnost v cestnem prometu in izboljšanje delovnih razmer voznikov, v prizadevanju za razvoj različnih načinov prevoza in ob priznavanju skupnih interesov in koristi sporazuma o mednarodnem cestnem prevozu sporazumeli: