Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Kraljevine Švedske o mednarodnem cestnem prevozu potnikov in blaga in dodatnega protokola k sporazumu ter sporazuma o spremembah in dopolnitvah dodatnega protokola

The Government of the Republic of Slovenia and the Government of the Kingdom of Sweden, hereinafter referred to as the Contracting Parties, desirous of promoting, in the interest of their economic relations, the development between the two countries of transport of passengers and goods by road, have agreed as follows:

The provisions of this Agreement shall apply to the international carriage of passengers and goods by road for hire or reward or on own account between the territories of the Contracting Parties and in transit through either territory. The provisions also apply to the carriage of passengers and goods within the territory of a Contracting Parties and a third country with vehicles registered in the other Contracting Party.

For the purpose of this Agreement:

1. the term »carrier« shall mean a natural or legal person, who is established in either of the Contracting parties and legally admitted in the country of establishment to carry out international transport of passengers and goods by road for hire or reward or on own account in accordance with the relevant national laws and regulations;

2. the term »vehicle« shall mean a motor vehicle or a coupled combination of vehicles of which at least the motor vehicle is registered in either Contracting Party and which is used exclusively for the carriage of passengers and/or goods by road;

3. the term »passenger motor vehicle« shall mean any power driven vehicle having more than 9 seats, including the drivers seat;

4. the term »regular passenger services« shall mean services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.

All passenger transport operations for hire or reward or on own account by passenger motor vehicles to, from or within the two Contracting Parties or in transit through their territories are subject to the licensing regime except those specified in Article 6.

1. Regular services between the two countries or in transit through their territories shall be approved jointly by the competent authorities of the Contracting Parties.

2. Each competent authority shall issue an authorisation for the portion of the itinerary which is performed in its territory.

3. The competent authorities shall jointly determine the conditions of the authorisation, namely its duration, the frequency of the transport operations, the time tables and the scale of tariffs to be applied, as well as any other detail necessary for the smooth and efficient operation of the regular service.

4. The application for an authorisation shall be addressed to the competent authority of the country of registration of the vehicle, which has the right to accept it or not. In case the application does not raise objection, this competent authority shall communicate it to the competent authority of the other Contracting Party.

5. The application shall be furnished with documents containing the necessary details (proposed time tables, tariffs and route, period during which the service is to be operated during the year and the date on which the service is intended to begin). The competent authorities may require such details as they seem appropriate.

Any non-regular service, not covered by Article 6, is subject to licensing. Applications for licences shall be submitted to the competent authority of the Contracting Party in whose territory the carrier is established, which transmits these applications to the competent authority of the other Contracting Party with its remarks.

No licence shall be required when the same persons are carried by the same vehicle either:

a) on a round trip beginning and intended to end in the country of registration of the vehicle, or

b) on a journey starting at a place in the country of registration of the vehicle and ending at a destination in the territory of the other Contracting Party, provided that, save where otherwise authorized, the vehicle returns empty to the country of registration, or

c) on a transit service of occasional character.

In addition, no licence shall be required for the entry into the territory of the other Contracting Party with an empty passenger motor vehicle provided that all passengers are taken up at the same stopping point in the territory of the other Contracting Party and are carried to the country of registration of the vehicle, and that

d) the passengers are, through contracts concluded before the arrival in. that territory, devided into groups by a non-contracting party, or that

e) the passengers on conditions referred to under b) previously have been carried by the same carrier to the territory of the other Contracting Party, or that

f) the passengers have been invited to the territory of the other Contracting Party, whereby the costs for the carriage shall be provided by the natural or legal person responsible for the invitation. The passengers shall form a homogenous group, established not only for the purpose of the journey.

Carriers of one Contracting Party, who in accordance with their national legislation have the right to perform international transport of goods, may perform such transport between the territories of the two Contracting Parties and in transit across these territories.

A carrier domiciled in the territory of a Contracting Party shall not undertake the transport of goods between two points in the territory of the other Contracting Party, unless a licence for that purpose is granted by the competent authority of that other Contracting Party.

The undertaking of a transport operation by a carrier of one of the two Contracting Parties from the territory of the other to any third country or vice-versa is prohibited, unless a licence for that purpose is granted by the competent authority of that other Contracting Party.

1. As regards the weights and dimensions of the vehicles, each Contracting Party undertakes not to impose on vehicles registered in the territory of the other Contracting Party conditions which are more restrictive than those imposed on vehicles registered within its own territory.

2. Weight and dimensions of a vehicle must be in accordance with the official registration of the vehicle.

3. Carriers of either of the Contracting Parties shall be bound to comply with the laws and regulations of the other Contracting Party as regards weights and dimensions of vehicles on entering the territory of that Contracting Party.

4. A special licence is required if the weight and/or dimensions of a vehicle registered in either Contracting Party exceed the permissible maximum weight and/or dimensions in the territory of the other Contracting Party. The carrier has to obtain such a licence from the competent authority of that Contracting Party before entering its territory.

1. Vehicles of one Contracting Party carrying out transport in accordance with this Agreement in the territory of the other Contracting Party shall be exempted form all taxes, fees and other charges levied on the circulation and possession of vehicles in that territory.

2. The exemptions under this article shall not apply to road tolls and value added taxes nor to customs and excise duties on fuel consumption of motor vehicles, except the fuel being in the normal fuel-tanks of the entering vehicles.

Carriers and the crews of their vehicles must, when operating in the territory of the other Contracting Party, comply with the laws and regulations in force in that country.

If a carrier established in one Contracting Party, when in the territory of the other Contracting Party, infringes any provision of this Agreement, the competent authority of the Contracting Party in whose territory the infringement occurred shall, without prejudice to any lawful sanction applicable in its own territory, notify the other Contracting Party, which will take such steps as are provided for by its national legislation. The competent authorities of the Contracting Parties will inform each other of the sanctions that have been imposed.

In order to solve the problems and issues connected with the application of this Agreement, which can not be solved by a direct agreement between the two Contracting Parties, a Joint Committee will be established. The Joint Committee shall meet at the request of either Contracting Party and shall comprise representatives of the competent authorities of both Parties.

The Contracting Parties have agreed to lay down rules for the application of certain provisions of this Agreement in an Additional Protocol. The Additional Protocol shall form an integral part of the Agreement.

Article 16 Any modification of the present Agreement approved by both Contracting Parties shall come into force on the date on which the Contracting Parties have informed each other in writing of the completion of their respective constitutional requirements. Any modification of the Additional Protocol shall be agreed upon in writing between the competent authorities of either country and shall enter into force on a date to be determined by the said authorities.

1. This Agreement shall enter into force thirty days after the Contracting Parties have informed each other in writing of the completion of their respective constitutional requirements necessary to give effect to the Agreement.

2. The Agreement shall remain in force unless one of the Contracting Parties gives the other Contracting Party six months written notice of its intention to terminate it.

In witness whereof the undersigned, being duly authorized thereto, have signed this Agreement.

Done in duplicate at Noordwijk in the English language, both text being equally authentic.

1. For the purpose of this Agreement the competent authorities are

for the Slovenian side:

a) according to Articles 4, 5, 8, 13, 14 and 16 Ministry of Transport and Communications (Ministrstvo za promet in zveze)

Prešernova 23

61000 LJUBLJANA, Slovenia

b) according to Article. 10

Slovenian Road Companies

(Slovenska cesta podjetja)

Linhartova 7

61000 LJUBLJANA, Slovenija

for the Swedish side:

a) according to Articles 4 and 10

National Road Administration

(Vägverket)

S-781 87 BORLÄNGE

b) according to Articles 5, 8, 9 and 13

National Board of Customs

Traffic Division

(Generaltullstyrelsen, Trafikbyran)

Box 2267

S-103 17 STOCKHOLM

c) according to Article 14

Ministry of Transport and Communications

(Kommunikationsdepartementet)

S-103 33 STOCKHOLM

d) according to Article 16

The Government of the Kingdom of Sweden.

2. In relation to Article 11 the Contracting Parties have agreed that

a) carriers established in the two Contracting Parties are obliged to pay road taxes levied on the distance covered by the vehicles when operating in the territory of the other Contracting party, i. e. the Swedish kilometer tax or the Slovenian tonne kilometer tax,

b) the Joint Committee may examine, on the basis of reciprocity, the possibility to allow tax concessions, which will be based on the principle of mutuality and which will be in conformity with the legal provisions of the two Contracting Parties,

c) in the event of a future abolition of the Swedish kilometer tax the Slovenian side shall decide on a mutual exemption of the tax levied per tonne kilometer in Slovenia.

Done in Noordwijk on 27. May 1993.

No. 217/92-19859

The Ministry for Foreign Affairs of the Republic of Slovenia presents its compliments to the Ministry for Foreign Affairs of the Kingdom of Sweden and, with reference to the Additional Protocol to the Agreement between the Government of the Republic of Slovenia and the Government of the Kingdom of Sweden on the International Carriage of Passengers and Goods by Road, has the honour to propose modifications of and amendments to the said Additional Protocol as follows:

– Under Item 1 – for the Slovenian side – the wording:

"a) according to Articles 4, 5, 8, 13, 14 and 16" shall be replaced by:

"a) according to Articles 4, 5, 8, 9, 13 and 14";

– Item c) shall be added which reads as follows: "c) according to Article 16

for the modifications of the Agreement Parliament of the Republic of Slovenia (Parlament Republike Slovenije)

for the modifications of the Additional Protocol

Government of the Republic of Slovenia

(Vlada Republike Slovenije)".

If the Swedish side agrees with the Slovene proposal, the present note and the note in reply shall constitute an agreement on the modifications of and amendments to the Additional Protocol to the Agreement between the Government of the Republic of Slovenia and the Government of the Kingdom of Sweden on the International Carriage of Passengers and Goods by Road.

The Ministry for Foreign Affairs of the Republic of Slovenia avails itself of this opportunity to renew to the Ministry for Foreign Affairs of the Kingdom of Sweden the assurances of its highest consideration.

Ljubljana, 10 December 1993

Ministry for Foreign Affairs of the Kingdom of Sweden

The Ministry for Foreign Affairs presents its compliments to the Ministry for Foreign Affairs of the Republic of Slovenia and with reference to the Ministry's Note of 10 December 1993, No. 217/92, relating to the Additional Protocol to the Agreement between Sweden and Slovenia on the International Carriage of Passengers and Goods by Road, which reads as follows:

"The Ministry for Foreign Affairs of the Republic of Slovenia presents its compliments to the Ministry for Foreign Affairs of the Kingdom of Sweden and, with reference to the Additional Protocol to the Agreement between the Government of the Republic of Slovenia and the Government of the Kingdom of Sweden on the International Carriage of Passengers and Goods by Road, has the honour to propose modifications of and amendments to the said Additional Protocol as follows:

– Under Item 1 – for the Slovenian side – the wording:

"a) according to Articles 4, 5, 8, 13, 14 and 16" shall be replaced by:

"a) according to Articles 4, 5, 8, 9, 13 and 14";

– Item c) shall be added which reads as follows: "c) according to Article 16

for the modifications of the Agreement Parliament of the Republic of Slovenia (Parlament Republike Slovenije)

for the modifications of the Additional Protocol

Government of the Republic of Slovenia

(Vlada Republike Slovenije)". If the Swedish side agrees with the Slovene proposal, the present note and the note in reply shall constitute an agreement on the modifications of and amendments to the Additional Protocol to the Agreement between the Government of the Republic of Slovenia and the Government of the Kingdom of Sweden on the International Carriage of Passengers and Goods by Road."

The Ministry for Foreign Affairs of Sweden has the honor to inform the Government of Slovenia that the Government of Sweden accepts the proposal and that accordingly, the Ministry's Note and this reply shall constitute an Agreement on modifications of and amendments to the Additional Protocol to the Agreement between the Government of the Kingdom of Sweden and the Government of the Republic Slovenia on the International Carriage of Passengers and Goods by Road.

The Ministry further suggests that the Agreement shall enter into force on date of the receipt of this Note by the Ministry for Foreign Affairs of Slovenia. If this is accepted by the Slovenian side, the Ministry is expecting a confirmation of the date.

The Ministry for Foreign Affairs avails itself of this opportunity to renew to the Ministry for Foreign Affairs of the Republic of Slovenia the assurances of its highest consideration.

Stockholm, 5 April 1994.

The Ministry for Foreign Affairs

of the Republic of Slovenia

LJUBLJANA