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Zakon o ratifikaciji Protokola h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR) (MPMCPB)

OBJAVLJENO V: Uradni list RS (mednarodne) 14-64/2013, stran 453 DATUM OBJAVE: 14.10.2013

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64. Zakon o ratifikaciji Protokola h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR) (MPMCPB)

 
Na podlagi druge alinee prvega odstavka 107. člena in prvega odstavka 91. člena Ustave Republike Slovenije izdajam
 

U K A Z
o razglasitvi Zakona o ratifikaciji Protokola h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR) (MPMCPB)

 
Razglašam Zakon o ratifikaciji Protokola h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR) (MPMCPB), ki ga je sprejel Državni zbor Republike Slovenije na seji dne 26. septembra 2013.
 
Št. 003-02-8/2013-10
 
Ljubljana, dne 4. oktobra 2013
 
Borut Pahor l.r. Predsednik Republike Slovenije
 

Z A K O N
O RATIFIKACIJI PROTOKOLA H KONVENCIJI O POGODBI ZA MEDNARODNI CESTNI PREVOZ BLAGA (CMR) (MPMCPB)

 

1. člen

 
Ratificira se Protokol h Konvenciji o pogodbi za mednarodni cestni prevoz blaga (CMR), sestavljen v Ženevi 5. julija 1978.
 

2. člen

 
Besedilo protokola se v izvirniku v angleškem jeziku in prevodu v slovenskem jeziku glasi:
 

P R O T O C O L
TO THE CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR)

 
THE PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956,
HAVE AGREED as follows:
Article 1
For the purpose of the present Protocol "Convention" means the Convention on the Contract for the International Carriage of Goods by Road (CMR).

Article 2
Article 23 of the Convention is amended as follows:
(1) Paragraph 3 is replaced by the following text:
"3. Compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight short."
(2) At the end of this article the following paragraphs 7,
8 and 9 are added:
"7. The unit of account mentioned in this Convention
is the Special Drawing Right as defined by the International
Monetary Fund. The amount mentioned in paragraph 3 of
this article shall be converted into the national currency of
the State of the Court seized of the case on the basis of the
value of that currency on the date of the judgement or the
date agreed upon by the Parties. The value of the national
currency, in terms of the Special Drawing Right, of a State
which is a member of the International Monetary Fund shall
be calculated in accordance with the method of valuation applied
by the International Monetary Fund in effect at the date
in question for its operations and transactions. The value
of the national currency, in terms of the Special Drawing
Right, of a State which is not a member of the International
Monetary Fund, shall be calculated in a manner determined
by that State.
8. Nevertheless, a State which is not a member of the
International Monetary Fund and whose law does not permit
the application of the provisions of paragraph 7 of this
article may, at the time of ratification of or accession to the
Protocol to the CMR or at any time thereafter, declare that
the limit of liability provided for in paragraph 3 of this article
to be applied in its territory shall be 25 monetary units. The
monetary unit referred to in this paragraph corresponds to
10/31 gram of gold of millesimal fineness nine hundred. The
conversion of the amount specified in this paragraph into the
national currency shall be made according to the law of the
State concerned.
9. The calculation mentioned in the last sentence of
paragraph 7 of this article and the conversion mentioned in
paragraph 8 of this article shall be made in such a manner as
to express in the national currency of the State as far as possible
the same real value for the amount in paragraph 3 of
this article as is expressed there in units of account. States
shall communicate to the Secretary-General of the United
Nations the manner of calculation pursuant to paragraph 7
of this article or the result of the conversion in paragraph 8
of this article as the case may be, when depositing an instrument
referred to in article 3 of the Protocol to the CMR and
whenever there is a change in either."

FINAL PROVISIONS
Article 3
1. This Protocol shall be open for signature by States
which are signatories to, or have acceded, to the Convention
and are either members of the Economic Commission
for Europe or have been admitted to that Commission in a
consultative capacity under paragraph 8 of that Commission's
terms of reference.
2. This Protocol shall remain open for accession by any
of the States referred to in paragraph 1 of this article which
are Parties to the Convention.
3. Such States as may participate in certain activities
of the Economic Commission for Europe in accordance with
paragraph 11 of that Commission's terms of reference which
have acceded to the Convention may become Contracting
Parties to this Protocol by acceding thereto after its entry
into force.
4. This Protocol shall be open for signature at Geneva
from 1 September 1978 to 31 August 1979 inclusive. Thereafter,
it shall be open for accession.
5. This Protocol shall be subject to ratification after the
State concerned has ratified or acceded to the Convention.
6. Ratification or accession shall be effected by the
deposit of an instrument with the Secretary-General of the
United Nations.
7. Any instrument of ratification or accession deposited
after the entry into force of an amendment to the present
Protocol with respect to all Contracting Parties or after the
completion of all measures required for the entry into force
of the amendment with respect to all Contracting Parties
shall be deemed to apply to the Protocol as modified by the
amendment.
Article 4
1. This Protocol shall enter into force on the ninetieth
day after five of the States referred to in article 3, paragraphs
1 and 2, of this Protocol have deposited their instruments of
ratification or accession.
2. For any State ratifying or acceding to it after five
States have deposited their instruments of ratification or
accession, this Protocol shall enter into force on the ninetieth
day after the said State has deposited its instrument of
ratification or accession.
Article 5
1. Any Contracting Party may denounce this Protocol
by no notifying the Secretary-General of the United Nations.
2. Denunciation shall take effect twelve months after
the date of receipt by the Secretary-General of the notification
of denunciation.
3. Any Contracting Party which ceases to be Party to
the Convention shall on the same date cease to be Party to
this Protocol.
Article 6
If, after the entry into force of this Protocol, the number
of Contracting Parties is reduced, as a result of denunciations,
to less than five, this Protocol shall cease to be in force
from the date on which the last of such denunciations takes
effect. It shall also cease to be in force from the date on
which the Convention ceases to be in force.
Article 7
1. Any State may, at the time of depositing its instrument
of ratification or accession or at any time thereafter,
declare by a notification addressed to the Secretary-General
of the United Nations that this Protocol shall extend to all or
any of the territories for whose international relations it is
responsible and in respect of which it has made a declaration
in accordance with article 46 of the Convention. This
Protocol shall extend to the territory or territories named in
the notification as from the ninetieth day after its receipt by
the Secretary-General or, if on that day the Protocol has not
yet entered into force, as from the time of its entry into force.
2. Any State which has made a declaration under the
preceding paragraph extending this Protocol to any territory
for whose international relations it is responsible may denounce
the Protocol separately in respect of that territory in
accordance with the provisions of article 5 above.
Article 8
Any dispute between two or more Contracting Parties
relating to the interpretation or application of this Protocol
which the Parties are unable to settle by negotiation or other
means may, at the request of any one of the Contracting Parties
concerned, be referred for settlement to the International
Court of Justice.
Article 9
1. Each Contracting Party may, at the time of signing,
ratifying, or acceding to this Protocol, declare by a notification
addressed to the Secretary-General of the United Nations
that it does not consider itself bound by article 8 of this
Protocol. Other Contracting Parties shall not be bound by
article 8 of this Protocol in respect of any Contracting Party
which has entered such a reservation.
2. The declaration referred to in paragraph 1 of this article
may be withdrawn at any time by a notification addressed
to the Secretary-General of the United Nations.
3. No other reservation to this Protocol shall be permitted.
Article 10
1. After this Protocol has been in force for three years,
any Contracting Party may, by notification to the Secretary-
General of the United Nations, request that a conference
be convened for the purpose of reviewing this Protocol. The
Secretary-General shall notify all Contracting Parties of the
request and a review conference shall be convened by the
Secretary-General if, within a period of four months following
the date of notification by the Secretary-General not less
than one fourth of the Contracting Parties notify him of their
concurrence with the request.
2. If a conference is convened in accordance with the
preceding paragraph, the Secretary-General shall notify all
the Contracting Parties and invite them to submit within a
period of three months such proposals as they may wish
the Conference to consider. The Secretary-General shall
circulate to all Contracting Parties the provisional agenda
for the Conference together with the texts of such proposals
at least three months before the date on which the Conference
is to meet.
3. The Secretary-General shall invite to any conference
convened in accordance with this article all States referred
to in article 3, paragraphs 1 and 2 and States which have
become Contracting Parties under article 3, paragraph 3, of
this Protocol.
Article 11
In addition to the notifications provided for in article 10,
the Secretary-General of the United Nations shall notify the
States referred to in article 3, paragraphs 1 and 2, of this
Protocol and the States which have become Contracting
Parties under article 3, paragraph 3, of this Protocol, of:
(a) ratifications and accessions under article 3;
(b) the dates of entry into force of this Protocol in accordance
with article 4;
(c) communications received under article 2, paragraph
2;
(d) denunciations under article 5;
(e) the termination of this Protocol in accordance with
article 6;
(f) notifications received in accordance with article 7;
(g) declarations and notifications received in accordance
with article 9, paragraphs 1 and 2.
Article 12
After 31 August 1979, the original of this Protocol shall
be deposited with the Secretary-General of the United Nations,
who shall transmit certified true copies to each of the
States mentioned in article 3, paragraphs 1, 2 and 3, of this
Protocol.
DONE at Geneva, this fifth day of July one thousand
nine hundred and seventy-eight, in a single copy in the
English and French languages, each text being equally
authentic.
IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed this Protocol.
 

P R O T O K O L
H KONVENCIJI O POGODBI ZA MEDNARODNI CESTNI PREVOZ BLAGA (CMR)

 
POGODBENICE TEGA PROTOKOLA,
 
KI SO POGODBENICE Konvencije o pogodbi za med­narodni cestni prevoz blaga (CMR), sklenjene v Ženevi 19. maja 1956,
 
SO SE DOGOVORILE:
 

1. člen

 
V tem protokolu pomeni "konvencija" Konvencijo o po­godbi za mednarodni cestni prevoz blaga (CMR).

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