Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Bolgarije o medsebojni pomoči pri carinskih zadevah (BBOPCZ)

The Government of the Republic of Slovenia and the Government of the Republic of Bulgaria hereinafter referred to as the “Contracting Parties”,
    Considering that the contraventions against Customs laws are prejudicial to the economic, fiscal and commercial interests of their respective countries;
    Considering the importance of assuring the accurate assessment of Customs duties and other taxes on the importation and exportation of goods, as well as the accurate determination of the value and origin of such goods;
    Recognizing the need for international cooperation in matters related to the administration and enforcement of the Customs laws;
    Convinced that action against Customs contraventions can be made more effective by cooperation between their Customs Authorities;
    Having regard to the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of December 5, 1953;
    Having regard also to the provisions of the Single Convention on Narcotic Drugs of 1961 amended by the Protocol of 1972 and the Convention on Psychotropic Substances of 1971 drawn up under the auspices of the United Nations Organisation as well as the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;
    Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement:
    a) “Customs legislation” shall mean any legal and administrative provisions applicable or enforceable by either Customs Authority in connection with the importation, exportation, transhipment, transit, storage, and movement of goods, including legal and administrative provisions relating to measures of prohibition, restriction, and control;
    b) ”Customs duties” shall mean all duties, taxes, fees or/and other charges which are levied and collected in the territories of the Contracting Parties, in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of services rendered;
    c) ”Applicant Authority” shall mean the Customs Authority which makes a request for assistance pursuant to this Agreement or which receives such assistance;
    d) ”Requested Authority” shall mean the Customs Authority which receives a request for assistance pursuant to this Agreement or which renders such assistance;
    e) ”Contravention” shall mean any violation of the customs legislation as well as any attempted violation of such legislation;
    f) ”Customs Authority” shall mean:
    for the Republic of Slovenia, the Ministry of Finance – the Customs Administration of the Republic of Slovenia (Ministrstvo za finance – Carinska uprava Republike Slovenije)
    for the Republic of Bulgaria – the National Customs Agency to the Minister of Finance (Ministerstvo na Financite – Agentzia “Mitnitzi”);
    g) ”Personal data” shall mean all information relating to an identified or identifiable individual;
    i) “information” shall mean any data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or authenticated copies thereof;
    j) “person” shall mean both natural and legal person.

Article 2

Scope of the Agreement

1. The Contracting Parties shall through their Customs Authorities assist each other, in the manner and under the conditions laid down in this Agreement, in ensuring that customs legislation is correctly applied, in particular for the prevention, detection and investigation of contraventions of this legislation.
    2. All assistance pursuant to the present Agreement shall be rendered in accordance with the national law of the requested Contracting Party.

Article 3

Assistance on Request

1. At the request of the applicant Authority, the requested Authority shall furnish it with all relevant information to enable it to ensure that customs legislation is correctly applied, including inter alia, information regarding the transportation of goods, their value and origin as well as information regarding acts committed or planned which contravene or would contravene such legislation.
    2. At the request of the applicant Authority, the requested Authority shall inform it whether goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods.
    3. At the request of the applicant Authority, the requested Authority shall take the necessary steps to ensure that a surveillance is kept on:
    a) particular persons of whom there are reasonable grounds for believing that they are contravening or have contravened customs legislation in the territory of the applicant Contracting Party;
    b) places where goods are stored in a way that gives grounds for suspecting that they are intended to be illicitly imported into the territory of the applicant Contracting Party;
    c) movement of goods notified by the applicant Authority as possibly giving rise to contraventions of customs legislation in the territory of the applicant Contracting Party;
    d) means of transport for which there are reasonable grounds for believing that they have been, are or may be used in the contravening of customs legislation in the territory of the applicant Contracting Party.

Article 4

Spontaneous Assistance

The Contracting Parties shall within their competences provide each other with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
    – acts which have contravened, contravene or would contravene such legislation and which may be of interest to the other Contracting Party;
    – new means or methods employed in committing contraventions against such legislation;
    – goods known to be the subject of contraventions against the customs legislation in the territory of the other Contracting Party;
    – particular persons known to be or suspected of committing contraventions against the legislation in force in the territory of the other Contracting Party;
    – means of transport and containers, about which knowledge or suspicions exist that they were, are, or could be used in committing contraventions against the customs legislation in force in the territory of the other Contracting Party.

Article 5

Technical Assistance

1. Assistance, as provided for in this Agreement shall include inter alia information regarding:
    a) enforcement actions that may be of use in the prevention of contraventions;
    b) new methods used in committing contraventions;
    c) observations and findings resulting from the successful application of new enforcement aids and techniques; and
    d) new techniques and improved methods of processing passengers and cargo.
    2. The Customs Authorities of the Contracting Parties shall, if not contrary to their national law, also seek to cooperate in:
    a) initiating, developing, or improving specific training programs for their personnel;
    b) establishing and maintaining channels of communication between themselves in order to facilitate the secure and rapid exchange of information;
    c) facilitating effective coordination between themselves, including the exchange of personnel, experts, and the posting of liaison officers;
    d) the consideration and testing of new equipment or procedures;
    e) the simplification and harmonization of their respective customs procedures; and
    f) any other general administrative matters that may from time to time require their joint actions.

Article 6

Delivery/Notification

At the request of the applicant Authority, the requested Authority shall in accordance with its legislation take all necessary measures in order
    – to deliver all documents,
    – to notify all decisions
    falling within the scope of this Agreement to an addressee, residing or established in its territory. In such a case paragraph 3 of Article 7 shall apply.

Article 7

Form and Substance of Requests for Assistance

1. Requests for assistance under this Agreement shall be addressed directly to the Customs Authority of the other Contracting Party. Requests shall be made in writing or electronically, and shall be accompanied by any information deemed useful to comply with the request. The requested Authority may require written confirmation of electronic requests. Where the circumstances so require, requests may be made orally. Such requests shall be confirmed in writing as soon as possible.
    2. Requests pursuant to paragraph 1 of this Article shall include the following information:
    a) the applicant Authority making the request;
    b) the measure requested;
    c) the object of and the reason for the request;
    d) the laws, rules and other legal elements involved;
    e) indications as exact and comprehensive as possible on the persons, to which the request relates;
    f) a summary of the relevant facts, except in cases provided for in Article 6; and
    g) the connection between the assistance sought and the matter to which it relates.
    3. Requests shall be submitted in an official language of the requested Authority, in English or in a language acceptable to that Authority.
    4. a) Assistance shall be carried out by direct communication between the respective Customs Authorities;
    b) In case the requested Authority is not the appropriate agency to comply with a request, it shall promptly transmit the request to the appropriate agency. This agency shall act upon the request according to its powers under the law, or advise the applicant Authority of the appropriate procedure to be followed regarding such a request.
    5. If a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of precautionary measures may, however, be undertaken.

Article 8

Execution of Requests

1. The requested Authority shall take all reasonable measures to execute the request, and if required, will endeavour to seek any official or judicial measure necessary to carry out the request.
    2. The Customs Authority of one Contracting Party shall, upon the request of the Customs Authority of the other Contracting Party, conduct any necessary investigation, including the questioning of experts and witnesses or persons suspected of having committed a contravention, and undertake verifications, inspections, and fact-finding inquiries in connection with the matters referred to in the present Agreement.
    3. Upon request, the requested Authority may, to the fullest extent possible, allow officials of the applicant Authority to be present in the territory of the requested Contracting Party, when its officials are investigating contraventions which are of concern to the applicant Authority.
    4. The applicant Authority shall, if it so requests, be advised of the time and place of the action to be taken in response to the request so that the action may be coordinated.
    5. Officials of the applicant Authority, authorized to investigate contraventions, may ask that the requested Authority examine relevant books, registers, and other documents or data media and supply copies thereof, or any information relating to the contravention.

Article 9

The Form in which Information is to be Communicated

1. The requested Authority shall communicate the results of inquiries to the applicant Authority in the form of documents, certified copies of documents, reports and the like and, when necessary, orally too.
    2. The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose, any information necessary for the interpretation or utilization of such computerized information shall be furnished along with it.

Article 10

Exceptions to the Obligation to Provide Assistance

1. In cases where the requested Contracting Party is of the opinion that compliance with a request would infringe upon its sovereignty, security, public policy, or other substantive national interest, or would violate an industrial, commercial or professional secret, assistance may be refused or compliance may be made subject to the satisfaction of certain conditions or requirements. Assistance may also be refused if the request involves currency or tax regulations other than customs legislation.
    2. Where the applicant Authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to the fact in its request. It shall then be for the requested Authority to decide how to respond to such a request.
    3. If assistance is withheld or denied, the decision and the reasons therefore must be notified to the applicant Authority without delay.

Article 11

Obligations to Observe Confidentiality

1. Any information received under this Agreement shall be treated as confidential and shall be subject to at least the same protection and confidentiality as the same kind of information is subject to under the national law of the Contracting Party where it is received.
    2. Personal data may only be transmitted if the level of personal data protection afforded by the legislation of the Contracting Party is equivalent. The Contracting Parties shall ensure at least a level of protection based on the principles laid down in the Annex to this Agreement. The Annex entitled »Basic Principles of Data Protection« shall be an integral part of this Agreement.

Article 12

Use of Information

1. Information, received in the course of mutual assistance may only be used for the purposes specified in the present Agreement, including in judicial and administrative proceedings.
    2. The applicant Authority shall not use evidence or information obtained under this Agreement for purposes other than those stated in the request without the prior written consent of the requested Authority.
    3. Where personal data is exchanged under this Agreement, the Customs Authorities of the Contracting Parties shall ensure that it is used only for the purposes indicated in the request and according to any conditions that the requested Contracting Party may impose.
    4. The provisions of paragraphs 1 and 2 of this Article are not applicable to information concerning contraventions relating to narcotic drugs, psychotropic substances and precursors. Such information may be communicated to the authorities of the applicant Contracting Party which are directly involved in combatting illicit drug traffic.

Article 13

Files, Documents and Witnesses

1. The Customs Authorities of the Contracting Parties shall, upon request, provide each other with documentation relating to the transportation of goods, showing the value and origin of those goods.
    2. Originals of files, documents, and other materials shall be requested only in cases where copies would be insufficient. Upon specific request, copies of such files, documents, and other materials shall be appropriately authenticated.
    3. Originals of files, documents, and other materials which have been furnished to the applicant Authority shall be returned at the earliest opportunity. Upon request, originals necessary for adjudicative or similar purposes shall be returned without delay.
    4. Upon the request of the Customs Authority of one Contracting Party, the Customs Authority of the other Contracting Party shall, at its discretion, authorize its employees, if such employees consent to do so, to appear as witnesses in judicial or administrative proceedings in the territory of the applicant Contracting Party, and to produce such files, documents, and other materials, or authenticated copies thereof, as may be considered necessary for the proceedings. Such a request shall specify the time, place, and type of proceedings and in what capacity the employee shall testify.

Article 14

Costs

1. The Customs Authorities of the Contracting Parties shall waive all claims for the reimbursement of costs incurred in the execution of the present Agreement, with the exception of expenses for witnesses, fees of experts, and the costs of interpreters other than government employees.
    2. If expenses of a substantial and extraordinary nature are, or will be required, in order to execute а request, the Customs Authorities of the Contracting Parties shall consult to determine the terms and conditions under which the request shall be executed, as well as the manner in which the costs shall be borne.

Article 15

Implementation

1. The implementation of this Agreement shall be entrusted to the Customs Authorities of the Contracting Parties. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration rules in the field of data protection.
    2. After consultation, the Customs Authorities of the Contracting Parties may adopt any administrative directives necessary for the implementation of this Agreement.
    3. The Customs Authorities of the Contracting Parties may arrange for their investigation services to be in direct communication with each other.

Article 16

Entry into Force and Termination

1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other through diplomatic channels that all national legal requirements for its entry into force have been fulfilled.
    2. As soon as this Agreement enters into force in the relations between the Republic of Slovenia and the Republic of Bulgaria, the Agreement between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the People's Republic of Bulgaria regarding co-operation and mutual assistance in customs matters, signed in Belgrade on 7th April 1964, shall cease to apply.
    3. This Agreement shall be concluded for an indefinite period of time, unless terminated by one of the Contracting Parties in writing through diplomatic channels. The Agreement shall cease to apply six months following the receipt of such notification.

Article 17

Review

1. The Customs Authorities of the Contracting Parties agree to meet in order to review this Agreement or to discuss any other customs matters which may arise out of the relationship between them, upon the request of one of the Customs Authorities or at the end of five years from the date of its entry into force, unless they notify one another in writing that no such review is necessary.
    IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed this Agreement.
    Done at Ljubljana on the 8th day of July 2005 in two originals in the English language.

ANNEX

BASIC PRINCIPLES OF DATA PROTECTION

1. Personal data undergoing automatic processing shall be:
    a) obtained and processed fairly and lawfully;
    b) stored for specified and legitimate purposes and not used in a way incompatible with those purposes;
    c) adequate, relevant and not excessive in relation to the purposes for which they are stored;
    d) accurate and, where necessary, kept up to date;
    e) preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored.
    2. Personal data concerning health or sexual life, may not be processed automatically unless national law provides appropriate safeguards. The same shall apply to personal data relating to criminal convictions.
    3. Appropriate security measures shall be taken for the protection of personal data stored in automated data files against unauthorised destruction or accidental loss as well as against unauthorised access, alteration or dissemination.
    4. Any individual shall be enabled:
    a) to establish the existence of an automated personal data file, its main purposes, as well as the identity and habitual residence or principal place of business of the controller of the file;
    b) to obtain at reasonable intervals and without excessive delay or expense confirmation of whether personal data relating to him are stored in the automated data file as well as communication to him of such data in an intelligible form;
    c) to obtain, as the case may be, rectification or erasure of such data if they have been processed contrary to the provisions of national law giving effect to the basic principles set out under paragraphs 1 and 2 of this Annex;
    d) to have remedy if a request for communication or, as the case may be, communication, rectification or erasure as referred to in subparagraphs b and c of this paragraph is not complied with.
    5.1 No exception to the provisions under paragraphs 1, 2 and 4 of this Annex shall be allowed except within the limits defined in this paragraph.
    5.2 Derogation from the provisions under paragraphs 1, 2 and 4 of this Annex shall be allowed when such derogation is provided for by the law of the Contracting Party and constitutes a necessary measure in a democratic society in the interest of:
    a) protecting State security, public safety, the monetary interests of the State or the suppression of criminal offences;
    b) protecting the data subject or the rights and freedoms of others.
    5.3 Restrictions on the exercise of the rights specified in paragraph 4, subparagraphs b, c and d of this Annex, may be provided by law with respect to automated personal data files used for statistics or for scientific research purposes where there is obviously no risk of an infringement of the privacy of the data subjects.
    6. None of the provisions of this Annex shall be interpreted as limiting or otherwise affecting the possibility for a Contracting Party to grant data subjects a wider measure of protection than that stipulated in this Annex.