Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike San Marino o mednarodnem cestnem prevozu potnikov in blaga (BSMMCP)

The Government of the Republic of Slovenia and the Government
of the Republic of San Marino, hereinafter referred
to as the “Contracting Parties”,
Anxious to contribute to the development of trade and
economic relations between the two countries,
Determined to promote collaboration 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
driver’s working conditions,
Aiming towards the development of transport intermodality,
Recognising the mutual advantage of development of
road transport,
Have agreed as follows:

PART I – GENERAL PROVISIONS

Article 1
Scope

The provisions of this Agreement shall apply to the carriage
of goods and passengers by road between the territories
of the Contracting Parties, in transit through their territories and
to or from third countries performed by carriers established on
the territory of one of the Contracting Parties.

The present Agreement does not affect the rights and
obligations arising from the other international agreements the
Contracting Parties have signed.

Article 2
Definitions

The terms used in this Agreement have the following
meaning:
1. “Transport Operator” means any natural or legal
person established on the territory of one of the Contracting
Parties and authorised to carry out transport of passengers
or goods.

2. “Vehicle” means a motor vehicle or a combination of
vehicles of which at least the motor vehicle is registered in the
country of either Contracting Party and which is used and equipped
exclusively for the carriage of passengers or goods.

3. “Transport” means the runs of 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 the country of one
Contracting Party between individual places within the territory
of the other Contracting Party.

5. “Combined transport” means the transport of goods
whereby the lorry, trailer, semi-trailer, swap body or container
of twenty feet or more in length, with or without tractor, use the
road for the initial and terminal leg of the journey, which is as
short as possible, and travel by rail, waterway or sea for the
other part of the journey, the major part.

6. “Territory of a Contracting Party” means respectively
the territory of the Republic of Slovenia and the territory of the
Republic of San Marino.

7. “Country of establishment” means the territory of a
Contracting Party within which the transport operator is established
and the vehicle registered.

8. “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.

9. “Bus” means a vehicle registered on 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.

10. “Regular passenger service” means a service whereby
passengers are carried over a specified route, according
to a timetable and rates set and published in advance. Passengers
are picked up or set down at predetermined stopping
points.

11. “Shuttle service” means a service 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 place of destination. Each group, consisting of
the passengers who made the outward journey, is carried back
to the place of departure on a later journey. Place of departure
and place of destination respectively means 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.

A shuttle service may include accommodation of passengers
at its destination and, if needed, during the journey.

The first return journey and the last outward journey in a
series of shuttles 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. The frequency or number of
services does not affect their classification as an occasional
service.

13. “Control document” means the passenger waybill
for buses, which is in conformity with the specimen agreed
upon by the Joint Committee referred to in Article 14 of the
present Agreement.

14. “Authorisation/Permit” means the document, issued
by the competent authorities of either Contracting Party which
shall grant the right/possibility to the vehicle registered in the
territory of the other Contracting Party to perform a journey to or
through the territory of the Contracting Party which has issued
the authorisation/permit.

15. “Transit” means the transport of passengers and/or
goods by a vehicle registered in the territory of one Contracting
Party through the territory of the other Contracting Party.
16. The term “Dangerous goods” means the goods
which by virtue of properties and features inherent to them,
while being transported, loaded, unloaded and stored, can be
the cause of damage to hardware, equipment, buildings and
constructions, as well as of death, injury or sickness of people,
animals, and damage to environment.

Part II – PASSENGER TRANSPORT

Article 3
Regular service

1. Regular passenger services operated between the
territories of the Contracting Parties or in transit through their
territories are subject to a system of authorisations issued by
the competent authority of the Contracting Parties.

2. The authorisation application should be made to the
competent authority in the country of establishment of the
transport operator. If the competent authority approves the application,
the authorisation is communicated to the competent
authority of the other Contracting Party.
The Joint Committee set up under Article 14 of the present
Agreement hereof decides on the form that the authorisation
application takes and the supporting documents required.

3. Authorisations are issued by the competent authorities
of the Contracting Parties by joint agreement.
The decision to grant or refuse the issue of an authorisation
is taken within a period of three months unless there are
special circumstances.
Authorisations are valid for a maximum of five years. They
set out the operating conditions, including environmental and
safety standards which vehicles must meet.

4. Changes in operating conditions and the cancellation
of the service are decided under the procedure set out in paragraph
2 and 3 of this Article.
If there is no longer any demand for the service, the
operator can cancel it, giving a three months notice to the
competent authorities which issued the authorisations and to
customers.

Article 4
Occasional and shuttle services

1. The occasional and the shuttle passenger services
operated between the territories of the Contracting Parties and
in transit through their territories are subject to a system of
permits issued by the competent authorities of the Contracting
Parties.

The Joint Committee set under Article 14 of the present
Agreement hereof agrees upon technical, environmental and
safety standards requirements that the vehicles carrying out the
transport stipulated by this article must comply with.

2. As an exception to paragraph 1 of this Article, the services
listed below are exempt from 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 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 to the territory of the
Contracting Party where they are picked up again and carried
to the territory of the country of establishment.

3. The picking up of passengers on a liberalised service
journey is not permitted unless special permit is granted.
The Joint Committee set up under Article 14 of the present
Agreement hereof may extend the permit exemption to other
categories of occasional services.

4. The permit application should be made to the competent
authority in the host country.
The Joint Committee set up under Article 14 of the present
Agreement hereof decides on the form that the permit application
takes and the supporting documents required.

5. The occasional services exempted from permit requirements
and operated by 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 of the present Agreement hereof.

Article 5
Provisions common to passenger services

1. Transport permits are not transferable to other transport
operators.

2. The running of cabotage is prohibited.

PART III – GOODS TRANSPORT

Article 6
Permit System

1. Transport operators established on the territory of one
of the Contracting Parties may, under the system of universal
permits, undertake:

a) transport between the territories of the two Contracting
Parties;

b) transit transport;

c) transport between a point on the territory of the other
Contracting Party and a point on the territory of the third country,
if the itinerary passes through the territory of the country
where the vehicle is registered.

2. Transport between a point on the territory of the other
Contracting Party and a point on the territory of the third country
is performed with a special permit if the itinerary does not pass
through the territory of the country of the registration.

3. Cabotage is only permitted with the special authorisation
of the host country.

4. The Joint Committee set up under Article 14 of the
present Agreement lays down other types of permits. If necessary
it may put forward proposals on the running of transport
without permits.

Article 7
Exemption from permit requirements

1. Permits referred to in Article 6 of the present Agreement
are not required for:

a) transport by vehicles whose Total Permissible Laden
Weight [TPLW], including trailers, does not exceed 6 tons, or
when the permitted payload, including trailers, does not exceed
3.5 tons;

b) transport on an occasional basis, to or from airports, in
case air services are diverted;

c) transport of vehicles which are damaged or have broken
down and the runs of breakdown repair vehicles;

d) 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;

e) transport of medical supplies and equipment needed
for emergencies, more particularly in response to natural disasters
and also a humanitarian aid;

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 and fairs, and those intended for
radio recordings, or for film or television production;

h) removals of household appliances carried out by enterprises
with special staff and equipment for this purpose;

i) funeral transport;

j) transport of mail.

2. The Joint Committee set up under Article 14 of the present
Agreement hereof may add to, or remove from, the list of
transport categories exempted from the permit requirements.

Article 8
Common provisions for goods transport

1. The competent authorities of the two Contracting Parties
exchange an agreed number of blank permit forms every
year.
The permits shall be valid up to 31 January of the successive
of calendar year.

2. Permits are not transferable to other transport operators.

3. Permit can only be used for one vehicle at a time. In
the case of combination of vehicles, the motor vehicle is the
determining factor in permit issue or exemption.

4. The Joint Committee set up under Article 14 of the
present Agreement hereof determines the quota, category and
any further conditions governing permit use.
PART IV – COMMON PROVISIONS

Article 9
Taxes and duties

1. Vehicles performing international road transport of goods,
passengers and luggage and registered on the territory of
the Contracting Party and temporarily located on the territory of
the other Contracting Party under the terms of this Agreement
are exempt from payment of all taxes related to the ownership,
registration and running of the vehicle.

2. The fuel (no more than 200 liters for goods transport
vehicles and no more than 600 litres for buses) contained in the
normal, by the manufacturer built-in fixed tanks of the vehicle
intended to drive the vehicle, as well as lubricants and spare
parts are exempt from all customs duties in compliance with
national legislation of the host country.
Unused spare parts must be exported from the country,
and substituted parts must be exported or eliminated in presence
of the Customs officials of the respective Contracting
Party.

3. The transport covered by the terms of this Agreement
is subject to the road user charges, tolls and other duties levied
for the use of the road network or bridges in the host country.
The tolls and other charges are levied on transport operators of
the countries of both Contracting Parties indiscriminately.

Article 10
Weights and dimensions

1. The permissible maximum weight, axle weight and
dimensions of vehicles must not exceed those entered in the
registration documents nor the upper permissible limits in force
in the host country.

2. The use of vehicles whose weight and dimensions
exceed the upper permissible limits is permitted in the host country
only with a special authorisation applied for in advance.

Article 11
Equipment and other characteristics

1. Vehicles carrying dangerous goods must be fitted out
and equipped in accordance with the requirements of the European
Agreement Concerning the International Carriage of
Dangerous Goods by Road of 30 September 1957, as modified
(ADR).

2. Equipment used to monitor crew driving and rest time
on vehicles must comply with the provisions of the European
Agreement Concerning the Work of Crews of Vehicles Engaged
in International Road Transport of 1 July 1970, as modified
(AETR).

3. The Contracting Parties undertake to promote, within
the framework of this Agreement, the use of vehicles meeting
safety and emission standards.

Article 12
Control

The permits, authorisations, control documents and other
papers under this Agreement, as well as the consignment note,
passenger waybills, insurance certificates, training certificates
and all other papers required under international agreements
of the countries of the Contracting Parties have signed and/or
under legislations of the countries of the Contracting Parties
must be kept in vehicles and be produced at the request of
authorised officials.

Article 13
Obligations of transport operators and infringements

1. The transport operators of the country of a Contracting
Party and the crews of their vehicles must, when on the territory
of the other Contracting Party, comply with national legislation
in force in that country.

2. In the event of any infringement of the provisions of this
Agreement by a transport operator of the country of a Contracting
Party, the Competent Authority of the Contracting Party on
whose territory the infringement occurred shall, without prejudice
to the legal proceedings of its country, notify the competent
authority of the other Contracting Party which will take such
steps as provided for by the national legislation of its country.
In particularly serious cases, the competent authority of the
host country may temporarily prohibit access to the territory
of its country pending a decision by the competent authority in
the country of establishment. The competent authorities of the
Contracting Parties shall keep each other mutually informed
on decisions taken.

Article 14
Joint Committee

1. For the purpose of proper implementation of the present
Agreement and to handle the issues related to it a Joint
Committee shall be set up from the representatives of the
competent authorities of the Contracting Parties.

2. When necessary representatives of other authorities
may also participate.

Article 15
Competent Authorities

The Competent Authorities for the implementation of the
present Agreement are:
In the Republic of Slovenia: the Ministry of Transport of
the Republic of Slovenia.
In the Republic of San Marino: the Secretariat of State
for Transport.
In case of changes of competent authorities indicated in
this paragraph the names of competent authorities are communicated
to the other Contracting Party through diplomatic
channels.

PART V – FINAL PROVISIONS

Article 16
Entry into force and duration of the Agreement

1. The present Agreement shall enter into force on the
date of the receipt of the last written notification by which the
Contracting Parties notify each other that their internal legal
procedures necessary for its entry into force have been completed.

2. This Agreement shall remain in force for an indefinite
period of time. Either of the Contracting Parties may terminate
it by written notice. The Agreement shall expire three months
following the date of the receipt of such notification.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Agreement.

Done at Ljubljana on 24 January 2006 in two original
copies in English.

For the Government
of the Republic of Slovenia
Dimitrij Rupel (s)

For the Government
of the Republic of San Marino
Fabio Berardi (s)