Republike Slovenije
dr. Dimitrij Rupel l. r.
Za Kabinet
ministrov Ukrajine
Valerij Pustovojtenko l. r.
The Government of the Republic of Slovenia and the Cabinet of Ministers of Ukraine, hereinafter called the “Contracting Parties“, desirous of promoting the development of economic and trade relations and the facilitation of the carriage of passengers and goods by vehicles between their territories and in transit through them, have agreed as follows:
I. SCOPE
Article 1
The provisions of this Agreement shall apply to international transport of passengers and goods by vehicles, registered in either Contracting Party, between the territories of the Republic of Slovenia and Ukraine and in transit through them, as well as to and from third countries.
II. DEFINITIONS
Article 2
For the purpose of this Agreement:
a) The term “carrier“ shall mean any physical or legal person who, either in the Republic of Slovenia or Ukraine, is authorised in accordance with the national laws and regulations to be engaged in international transport of passengers and goods by road for hire or reward or on his own account.
b) The term “passenger vehicle“ shall mean any power-driven vehicle having more than eight seats in addition to that of the driver, registered in either Contracting Party.
c) The term “goods vehicle“ shall mean any power-driven vehicle, registered in either Contracting Party, that is constructed and used for the carriage of goods. This term covers also a trailer, irrespective of the country of its registration, coupled to a goods vehicle, and a semi-trailer, irrespective of the country of its registration, carried by a tractor.
d) 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.
e) The term “shuttle service“ shall mean 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 destination. Each group, consisting of the passengers who made the outward journey, is carried back to the place of departure on a later journey. The place of departure and destination respectively means the place where the journey begins and the place where the journey ends.
A shuttle service must include accommodation of passengers at its destination and, if need be, on the journey.
The first return journey and the last outward journey in a series of shuttles are made unladen.
f) The term “occasional service“ shall mean 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.
III. PASSENGER TRANSPORT
Article 3
1. Regular services between the two countries or in transit through their territories are subject to a system of authorisations issued by the competent authorities of the Contracting Parties.
2. Each competent authority shall issue an authorisation for that part of the route which passes through their territory.
3. The authorisation application should be made to the competent authority in the country of establishment of the transport operator and should be communicated to the competent authority of the other Contracting Party. The Joint Committee set up under Article 14 hereof shall decide on the form that the authorisation application takes and the supporting documents required, as well as validity of authorisation and operating conditions.
4. The decision to grant or refuse an authorisation is taken within a period of three months unless there are special circumstances.
5. Changes in operating conditions and the cancellation of the service must be approved by the competent authorities of the Contracting Parties.
Article 4
The shuttle services between the two countries or in transit through their territories are subject to a system of permits issued by the competent authorities of the Contracting Parties.
Article 5
1. The occasional services between the two countries or in transit through their territories are subject to a system of permits issued by the competent authorities of the Contracting Parties with the exemptions listed below:
a) 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.
2. A permit shall not be required for the replacement of a damaged passenger vehicle by another one.
3. The Joint Committee set up under Article 14 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 through the competent authority of the establishment country. The Joint Committee set up under Article 14 hereof decides on the form that the permit application takes and the supporting documents required.
The decision to grant or refuse the issue of a permit shall be taken within a period of one month unless there are special circumstances.
5. The competent authorities of the Contracting Parties shall issue permits for that part of the route which passes through their territory.
6. Transport permits are not transferable to other transport operators.
7. The occasional services exempted from authorisation requirements must be covered by a control document (waybill, conforming to the specimen laid down in ASOR Agreement).
8. The competent authorities of the Contracting Parties may annually send each other a mutually agreed number of blank permits for the occasional transport of passengers. These forms must bear the stamp and signature of the competent authority which issues the permit.
IV. GOODS TRANSPORT
Article 6
1. The transport of goods in accordance with this Agreement, shall, with the exception of the operations envisaged by Article 7 of this Agreement, be carried out by vehicles with or without trailers or by tractors with trailers or semi-trailers on the basis of permits issued by the competent authorities of the Contracting Parties.
2. Each separate permit allows to make one journey outward and return unless otherwise stipulated in that permit.
3. The competent authorities of the Contracting Parties shall annually exchange a mutually agreed number of blank permits for the transport of goods on the reciprocity basis. Permits must bear the stamp and signature of the competent authority issuing the permit.
4. The competent authorities of the Contracting Parties referred to in Article 13 hereof determine the quota, category, any further conditions governing permits use and the method of exchanging permits.
Article 7
1. Permits shall not be required for:
a) Transport of exhibits, equipment and materials for fairs and exhibitions.
b) 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.
c) Funeral transport.
d) Transport of mail.
e) Transport of vehicles which are damaged or have broken down.
f) Passage of technical assistance vehicles.
g) Transport of bees and progeny.
h) Transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disasters and humanitarian needs.
i) 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. The exemptions envisaged in sub-paragraphs (a) and (b) of paragraph 1 of this Article shall be valid only if the goods are to be returned to the country in which the vehicle is registered or be transported to the territory of a third country.
3. With regard to the transport referred to in the first paragraph of this Article, the driver of the vehicle must have available papers and documents clearly indicating that one of the above kinds of transport is the case.
4. The Joint Committee referred to in Article 14 hereof may add to, or remove from, the list of transport categories exempted from permit requirements.
V. OTHER PROVISIONS
Article 8
1. As regards the weight 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. When the dimensions or the weight of a vehicle of one Contracting Party travelling with or without cargo exceed the standards established in the territory of the other Contracting Party and also when dangerous goods are being carried, the carrier must obtain, aside from the regular permit, a special permit from the competent authorities of that other Contracting Party before entering its territory.
3. If the permit referred to in paragraph 2 of this Article provides for the movement of a vehicle along a definite route, the transport must take place along that route.
Article 9
1. The undertaking of a transport operation by a carrier of one Contracting Party between two points in the territory of the other Contracting Party is prohibited, unless a relevant permit is issued by the competent authority of that other Contracting Party.
2. The undertaking of a transport operation by a carrier of one Contracting Party from the territory of the other Contracting Party to any third country and vice versa is prohibited, unless a relevant permit is issued by the competent authority of that other Contracting Party.
Article 10
1. Transport by means of vehicles registered on the territory of one Contracting Party temporarily operating on the territory of the other Contracting Party under the terms of this Agreement is mutually exempt, on the parity basis, from payment of all tax related to the ownership, registration and running of the vehicle, as well as road user charges and other special taxes on transport services.
2. The exemption referred to in paragraph 1 of this Article shall not apply to tolls or charges for the use of particular bridges, tunnels, ferries, roads, sections of road and classes of roads. These tolls and charges are levied on transport operators of both Contracting Parties indiscriminately.
3. The exemption referred to in paragraph 1 of this Article also shall not apply on value added taxes nor to customs and excise duties on fuel contained in the tanks of the vehicles, except, on:
a) fuel held in the normal, by the manufactured built-in fixed tanks fitted on each model of vehicle which are linked technologically and structurally with the engine’s feed system. This also applies to fuel contained in standard tanks fitted on trailers and semi-trailers and exclusively designed to fuel the operation of the refrigerators;
b) lubricants in quantities for use during the transport operation;
c) spare parts and tools designed for the repair of a vehicle performing an international transport operation.
4. Unused spare parts shall be taken out of the country while the spare parts that have been replaced should either be taken out of the country or destroyed or handed over in the manner prescribed in the laws and regulations in force in the territory of the Contracting Party concerned.
Article 11
Carriers and crews of vehicles of one Contracting Party are bound to respect the laws and regulations of the other Contracting Party when they are operating in the territory of the latter Contracting Party.
Article 12
1. If a carrier of one Contracting Party, while 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 was committed, may, without prejudice to any lawful sanction applicable in its territory, inform the other Contracting Party of the circumstances of the infringement.
2. In case of any infringements referred to in paragraph 1 of this Article, the competent authority of the Contracting Party in whose territory the infringements occurred may request from the competent authority of the other Contracting Party:
a) to issue a warning to the carrier concerned with notification that any subsequent infringement may lead to a refusal of entry of his vehicles in its territory, in accordance with its national legislation, for such a period as may be specified by it, or
b) to notify the said carrier that the entry of his vehicles in its “territory has been prohibited temporarily or indefinitely in accordance with its national legislation.
3. The competent authority of the Contracting Party which receives any such request, shall comply therewith and shall inform, as soon as possible, the competent authority of the other Contracting Party of the action taken.
Article 13
1. The competent authorities authorised to deal with matters in relation to the application of this Agreement are as follows:
In the case of the Republic of Slovenia - The Ministry of Transport;
In the case of Ukraine - The Ministry of Transport.
2. The competent authorities of the Contracting Parties shall keep in constant contact with each other regarding any question arising from the application of this Agreement.
Article 14
1. For the purpose of ensuring the effective implementation of this Agreement a Joint Committee will be set up composed of representatives of the competent authorities of the Contracting Parties and any experts appointed by them.
2. This Committee shall consider matters of mutual interest in the field of international transport and deal with any problems which may arise in the course of the application of this Agreement.
3. This Committee is convened at the request of either Contracting Party.
Article 15
1. This Agreement shall enter into force thirty days after the date of receiving the latter notification, through diplomatic channels, confirming the fulfilment of the legislative procedures necessary for its entry into force.
2. This Agreement is concluded for an indefinite period and shall remain in force unless it is terminated by either Contracting Party giving, through diplomatic channels, six months written notice thereof to the other Contracting Party.
In witness whereof the undersigned, being duly authorised thereto by the Government of the Republic of Slovenia and the Cabinet of Ministers of Ukraine, have signed this Agreement.
Done in Kyiv on October 29, 2001 in two originals in the Slovene, Ukrainian and English languages, all texts being equally authentic.
In case of any disagreement in the interpretation of this Agreement, the English text shall prevail.
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