AGREEMENT between the European Economic Community and the Republic of Slovenia in the field of transport

THE COUNCIL OF THE EUROPEAN COMMUNITIES, hereinafter called 'the Community`,

of the one part,

and THE REPUBLIC OF SLOVENIA, hereinafter called 'Slovenia`,

of the other part,

hereinafter called 'the Contracting Parties`,

HAVING REGARD to the Cooperation Agreement between the European Economic Community and the Republic of Slovenia, signed in Luxembourg on 5 April 1993, and in particular Article 7 thereof,

CONSIDERING that it is essential for the Community, in the context of the completion of the internal market and the implementation of the common transport policy, to ensure that Community goods in transit through certain third countries, and in particular Slovenia, can flow as quickly and efficiently as possible without hindrance or discrimination;

CONSIDERING that Slovenia is willing to continue in its role as a transit country on the basis of the existing mutual rights and obligations regarding access to the market and transit, which must be further developed;

CONSIDERING that the Contracting Parties recognize that an essential part of an agreement must be the creation of transport infrastructure suited to their mutual requirements and equitable rules governing market access for their carriers;

CONSIDERING that an overall solution to the problems in question may be provided by close cooperation between the Contracting Parties, in particular in introducing and developing a package of coordinated measures on transport so as to ensure reciprocal access to the Community and Slovenian markets and to facilitate road and rail traffic by appropriate means on a competitive basis;

CONSIDERING that this package of measures must also aim to protect the environment;

CONSIDERING that an appropriate transitional period will allow time for adjustment to any new provisions which may prove necessary,

HAVE AGREED AS FOLLOWS:

TITLE I AIM, SCOPE AND DEFINITIONS

Article 1

Aim

The aim of this Agreement is to promote cooperation between the Contracting Parties on transport, and, in particular, transit traffic, and to ensure for this purpose that transport between and through the territories of the Contracting Parties is developed in a coordinated manner by means of the complete and interdependent application of all the provisions of this Agreement.

Article 2

Scope

1. Cooperation shall cover transport, and in particular road, rail and combined transport, and shall include the relevant infrastructure.

2. In this connection, the scope of this Agreement shall cover in particular:

- transport infrastructure in the territory of one or other Contracting Party to the extent necessary to achieve the objective of this Agreement,

- market access, on a reciprocal basis, in the field of road transport,

- essential legal and administrative supporting measures including commercial, taxation, social and technical measures,

- cooperation in developing a transport system which meets environmental needs,

- a regular exchange of information on the development of the transport policies of both Contracting Parties, with particular regard to transport infrastructure.

3. Sea and air transport are governed by the particular provisions of the declaration in Annex V.

Article 3

Definitions

For the purposes of this Agreement, the following definitions shall apply:

(a) Community transit traffic: the carriage, by a carrier established in the Community, of goods in transit through Slovenian territory en route to or from a Member State of the Community;

(b) Slovenian transit traffic: the carriage, by a carrier established in Slovenia, of goods in transit from Slovenia through Community territory and destined for a third country or of goods from a third country destined for Slovenia;

(c) combined transport: the carriage of goods by road vehicles or loading units which, without unloading of the goods, travel by road for part of the journey between the point of departure and the point of arrival and by rail for another part of that journey.

TITLE II INFRASTRUCTURE

Article 4

General provision

The Contracting Parties hereby agree to adopt mutually coordinated measures to develop transport infrastructure as a vital means of solving the problems affecting the carriage of goods through Slovenia, in particular on the south-west/north-east route and on the north-west/south-east route.

Article 5

Planning

1. The development of the following main road and rail routes is of particular interest to the Community and/or Slovenia. The respective priorities shall determine the application of Slovenia's own resources and co-financing from the Community to projects on these routes:

- the south-west/north-east motorway which runs from the Italian border to Sentilj (at the Austrian border) passing via Postojna, Ljubljana, Celje and Maribor and to Lendava (at the Hungarian border) passing via Slovenska Bistrica, Ptuj, Ormoz and Ljutmer,

- the north-west/south-east railway line which runs from Jesenice (at the Austrian border) to Dobova with a branch to Sozana (at the Italian border). The modernization of this railway line shall be such as to make it suitable for the introduction of combined transport technology,

- the railway line from Ljubijana to Maribor via Zidani Most and Celje,

- the north-west/south-east motorway which runs from the Karawanken tunnel (at the Austrian border) to Bregana (at the Slovenian-Croatian border) passing via Ljubljana and Novo Mesto,

- the motorway from Maribor to Ptuj and Macelj.

2. The Contracting Parties have agreed that their common aim shall be to complete construction of the major transport routes referred to in paragraph 1 as soon as possible.

Article 6

Financial aspects

1. The Community shall contribute financially to the necessary infrastructure work referred to in Article 5. This financial contribution shall take the form of credit from the European Investment Bank and any other form of financing which can provide further resources.

2. In order to speed up the work, the Commission of the European Communities will endeavour, as far as possible, to encourage the use of additional resources such as investment by certain Member States of the Community on a bilateral basis or from public or private funds.

Article 7

In order to achieve the objectives set out in Article 5, the Community shall make finances available to Slovenia under the Protocol on financial cooperation between the Community and Slovenia for the period 1 January 1993 to 31 December 1997.

TITLE III RAIL AND COMBINED TRANSPORT

Article 8

General provision

The Contracting Parties shall adopt the mutually coordinated measures necessary for the development and promotion of rail and combined transport as a future means of ensuring a large proportion of their bilateral and transit transport through Slovenia is performed under more environment-friendly conditions.

Article 9

Particular aspects relating to infrastructure

As part of the modernization of the Slovenian railways, the necessary steps shall be taken to adapt the system for combined transport, with particular regard to the development or building of terminals, and to tunnel gauges and to capacity, which require substantial investment.

Article 10

Supporting measures

Both Contracting Parties shall take all the steps necessary to encourage the development of combined transport.

The purpose of such measures shall be:

- to encourage users and consignors to use combined transport,

- to make combined transport competitive with road transport, in particular by financial support by the Community or Slovenia in the context of their respective legislations,

- to encourage the use of combined transport over long distances and to promote, in particular, the use of swap bodies, containers and unaccompanied transport in general,

- to improve the speed and reliability of combined transport and in particular:

- to increase the frequency of convoys in accordance with the needs of consignors and users,

- to reduce the waiting time at terminals and increase their productivity,

- to remove all obstacles from the approach routes so as to improve access to combined transport,

- to harmonize, where necessary, the weights, dimensions and technical characteristics of specialized equipment, in particular so as to ensure the necessary compatibility of gauges, and to take coordinated action to order and to put into service such equipment as is required by the level of traffic,

and

- in general, to take any other appropriate action.

Article 11

The role of the railways

In connection with the respective powers of the State and the railways, the Contracting Parties shall, in respect of both passenger and goods transport, recommend that their railways:

- step up cooperation, whether bilateral, multilateral or within international railway organizations, in all fields, with particular regard to the improvement of the quality of transport services,

- try to establish in common a system of organizing the railways so as to encourage consignors to send freight by rail rather than road, in particular for transit purposes, within the framework of healthy competition and while leaving the user freedom of choice in the matter,

- agree on measures to integrate the Slovenian railways in traffic management by using the Docimel electronic consignment note system and the Hermes computerized system for passenger reservations as well as other purposes,

- harmonize their arrangements for railway staff training.

TITLE IV ROAD TRANSPORT

Article 12

General provisions

1. With regard to mutual access to transport markets, both Contracting Parties agree, initially and without prejudice to paragraph 2, to maintain all the existing rights arising from bilateral agreements or other existing international bilateral instruments concluded between each Member State of the Community and Slovenia or, where there are no such agreements or instruments, arising from the de facto situation in 1991.

However, whilst awaiting the conclusion of an agreement between the Community and Slovenia on access to the road transport market, as foreseen in Article 13, the Member States of the Community and Slovenia shall incorporate into these bilateral agreements such amendments as may possibly be necessary to adapt them to this Agreement.

2. The Contracting Parties hereby agree to grant unrestricted access to Community transit traffic through the Community with effect from the date on which this Agreement enters into force.

3. If, as a result of the rights granted under paragraph 2, transit traffic by Community hauliers increases to such a degree as to cause, or threaten to cause, serious harm to road infrastructure and/or traffic fluidity on the axes mentioned in Article 5, Slovenia may call an emergency meeting of the Joint Committee established by Article 22 at which it may propose such temporary measures as are necessary to limit or mitigate such harm. The Joint Committee shall meet within thirty days in order to assess the situation and recommend without delay appropriate remedial action. If no agreement is reached within sixty days of the day of the call to an emergency meeting, Slovenia may introduce temporary measures for a duration of up to three months. Under the same circumstances, if problems arise on the Community territory next to the Slovenian border, the competent authorities, including those of the border region, may adopt the appropriate necessary measures. At the same time, the matter shall be submitted to the Cooperation Council provided for in Article 38 of the Cooperation Agreement which shall take a final decision. Any measure to be taken shall be implemented immediately, shall be proportional and of non-discriminatory nature. This clause ceases to apply once the aims set out in Article 5 are achieved and, at the latest, at the end of 1999.

4. The Contracting Parties shall refrain from taking any unilateral action which might lead to discrimination between Community and Slovenian carriers or vehicles. Each Contracting Party shall take all steps necessary to facilitate road transport to or through the territory of the other Contracting Party.

Article 13

Access to the market

Both Contracting Parties shall, as a matter of priority, undertake to work together to seek, each of them subject to their internal rules,

- courses of action likely to favour the development of a transport system which meets the needs of both Contracting Parties, which is compatible, on the one hand, with the completion of the internal Community market and the implementation of the common transport policy and, on the other hand, with Slovenia's economic and transport policy,

- a definitive system for regulating future road transport market access between the two Contracting Parties on the basis of reciprocity.

Article 14

Taxation, tolls and other charges

1. The Contracting Parties accept that the taxation of road vehicles, tolls and other charges on either side must be non-discriminatory.

2. The Contracting Parties shall enter into negotiations with a view to reaching an agreement on road taxation as soon as rules on this matter have been adopted by the Community. The purpose of this agreement shall be, in particular, to ensure the free flow of trans-frontier traffic, to reduce differences between the road taxation systems applied by the two Contracting Parties and to eliminate distortions of competition arising from such differences.

3. Pending the conclusion of the negotiations mentioned in paragraph 2 and Article 13, Slovenia will negotiate bilateral agreements with individual Member States of the Community on a mutual exemption from taxes and charges levied on the circulation and/or possession of heavy goods vehicles as well as from all special taxes or charges levied on transport operations in the territory of the Contracting Parties on a reciprocal basis. This provision does not necessarily include taxes and similar charges on motor fuel, VAT on transport services and tolls or similar charges levied on the use of parts of the respective transport network.

4. Until the conclusion of the agreements mentioned in paragraph 2 and in Article 13, any change proposed after the entry into force of this Agreement to fiscal charges, tolls or other charges which may be applied to Community traffic in transit through Slovenia will be subject to a prior consultation procedure in the Joint Committee.

Article 15

Weights and dimensions

Slovenia accepts that road vehicles complying with Community standards on weights and dimensions may circulate freely and without hindrance in this respect on the routes mentioned in Article 5. Until 31 December 1999 at the latest, road vehicles which do not comply with existing Slovenian standards shall be subject to a special non-discriminatory charge which reflects the damage caused by additional axle weight. Six months after the entry into force of this Agreement, vehicles equipped with air suspension or equivalent suspension systems as defined in Council Directive 92/7/EEC shall be subject to a reduced rate of these special charges.

Article 16

The environment

1. In order to protect the environment, the Contracting Parties shall endeavour to introduce standards on gaseous and particulate emissions and noise levels for heavy goods vehicles which ensure a high level of protection.

2. In order to provide industry with clear information and to encourage coordinated research, programming and production, exceptional national standards in this field shall be avoided.

Vehicles which comply with standards laid down by international agreements also relating to the environment may operate without further restrictions in the territory of the Contracting Parties.

3. For the purpose of introducing new standards, the Contracting Parties shall work together to achieve the abovementioned objectives.

Article 17

Social aspects

1. The Contracting Parties shall harmonize their legislation on the training of road haulage personnel, particularly with respect to the carriage of dangerous goods.

2. Slovenia undertakes to seek to become a signatory to the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR). Until such time as the effects of such admission are felt, the Contracting Parties shall endeavour to harmonize their legislation on driving time and drivers' rest periods and crew composition.

3. Pending harmonization in this field, the Contracting Parties shall recognize each other's recording methods used to monitor implementation of their respective social legislation in the field of road transport.

4. The Contracting Parties shall ensure the equivalence of their respective laws on the admission to the occupation of road haulage operator, with a view to their mutual recognition.

Article 18

Provisions relating to traffic

1. The Contracting Parties shall pool their experience and endeavour to harmonize their legislation so as to improve the flow of traffic during peak periods (weekends, public holidays, the tourist season).

2. In general, the Contracting Parties shall encourage the introduction, development and coordination of a road traffic information system.

3. They shall endeavour to harmonize their legislation on the carriage of perishable goods, live animals and dangerous substances.

4. The Contracting Parties shall also endeavour to harmonize the technical assistance to be provided to drivers, the dissemination of essential information on traffic and other matters of concern to tourists, and emergency services including ambulance services.

TITLE V SIMPLIFICATION OF FORMALITIES

Article 19

Simplification of formalities

1. The Contracting Parties agree to simplify the flow of goods by rail and road, whether bilateral or in transit.

2. The Contracting Parties agree to begin negotiations with a view to concluding an agreement on the facilitation of controls and formalities relating to the carriage of goods.

3. The Contracting Parties agree, to the extent necessary, to take joint action on, and to encourage, the adoption of further simplification measures.

Article 20

Customs cooperation

1. The Contracting Parties shall cooperate so as to bring Slovenian customs legislation into line with that of the Community.

2. Cooperation shall, in particular, include the following:

- the exchange of information,

- the introduction of a single administrative document,

- the interconnection between Community and Slovenian transit systems,

- the organization of seminars and training courses.

The Community shall supply such technical assistance as is necessary.

TITLE VI FINAL PROVISIONS

Article 21

Widening of the scope

If one of the Contracting Parties concludes, on the basis of experience in the application of this Agreement, that other measures which do not fall within the scope of this Agreement are in the interest of a coordinated European transport policy and, in particular, may help to solve the problem of transit traffic, it shall make suggestions in this respect to the other Contracting Party.

Article 22

Joint Committee

The body responsible for cooperation shall be a Joint Committee to be known as the 'Community/Slovenia Transport Committee`. The Committee:

- shall be made up of representatives appointed by the Community and Slovenia,

- shall meet alternately in the Community or in Slovenia at least once a year and more frequently where necessary at the request of one of the Contracting Parties,

- shall establish its own rules of procedure,

- shall ensure the proper implementation of this Agreement and, in particular:

(a) shall draw up plans for cooperation on rail and combined transport, transport research and the environment;

(b) shall analyse the application of the decisions provided for in this Agreement and shall recommend appropriate measures for any possible problems, in particular in accordance with Article 12 (3);

(c) shall, in 1995, undertake an assessment of the situation as regards infrastructure improvement and the implications of free transit;

(d) shall organize work on transport infrastructure, including the planning and implementation of investments and, where appropriate, their development, if necessary by setting up an ad hoc group of experts specifically responsible for this task;

(e) shall resolve any disputes which may arise over the application and interpretation of this Agreement;

(f) shall coordinate the monitoring, forecasting and other statistical work relating to international transport and in particular transit traffic;

(g) shall coordinate transport research activities.

Article 23

Termination

This Agreement is concluded for a period of 10 years. If neither of the Contracting Parties denounces it, with 12 month's notice effective from the end of the following year, then the Agreement is automatically renewed for a period of one year.

Article 24

Annexes

The Annexes shall form an integral part of this Agreement.

Article 25

Languages

This Agreement is drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Slovenian languages, each text being equally authentic.

Article 26

Entry into force

This Agreement shall be concluded in accordance with the Contracting Parties' own procedures. It shall enter into force as soon as the Contracting Parties have notified one another of the completion of the procedures necessary for that purpose.

Hecho en Luxemburgo, el cinco de abril de mil novecientos noventa y tres.

Udfærdiget i Luxembourg, den femte april nitten hundrede og treoghalvfems.

Geschehen zu Luxemburg am fünften April neunzehnhundertdreiundneunzig.

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Done at Luxembourg on the fifth day of April in the year one thousand nine hundred and ninety-three.

Fait à Luxembourg, le cinq avril mil neuf cent quatre-vingt-treize.

Fatto a Lussemburgo, addì cinque aprile millenovecentonovantatré.

Gedaan te Luxemburg, de vijfde april negentienhonderd drieënnegentig.

Feito em Luxemburgo, em cinco de Abril de mil novecentos e noventa e três.

V Luksemburgu, petega aprila tiso Ocdevetstotriindevetdeset.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Za Svet Evropskih skupnosti

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Por la República de Eslovenia

For Republikken Slovenien

Für die Republik Slowenien

Ãéá ôç Äçìïêñáôßá ôçò Óëïâåíßáò

For the Republic of Slovenia

Pour la République de Slovénie

Per la Repubblica di Slovenia

Voor de Republiek Slovenië

Pela República da Eslovénia

Za Republiko Slovenijo

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ANNEX I

DECLARATION BY SLOVENIA ON THE RESOURCES NEEDED FOR INFRASTRUCTURE OF COMMON INTEREST

During negotiations on the Agreement between the European Community and the Republic of Slovenia in the field of transport, Slovenia expressed the opinion that, in order to complete the construction of the transport infrastructure referred to in Article 5 (1), an estimated sum of US$ 3,9 billion would have to be provided.

Slovenia intends to put up 50 % of the abovementioned sum and expects that the remaining part will be provided by international financial institutions, private investors and the Community.

ANNEX II

DECLARATION BY SLOVENIA CONCERNING ARTICLE 15

Slovenia will endeavour to harmonize its existing norms and standards for road construction with the legislation prevailing in the Community before the end of 1993 and shall undertake its best efforts to upgrade existing routes mentioned in Article 5 to these new norms and standards in time foreseeable in accordance with its financial possibilities.

When such upgrading is in place, the special charge mentioned in Article 15 will be abolished.

ANNEX III

JOINT DECLARATION

1. The Community and Slovenia take note that the levels of gaseous emissions and noise currently accepted in the Community for the purposes of heavy goods vehicle type approval are as follows:

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2. Council Directive 91/542/EEC sets the following levels, with effect from 1 October 1996, within the Community:

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3. The Community and Slovenia shall endeavour to reduce the COP values of emissions in future relying in doing so on the latest state of the art in environment-friendly motor vehicle and fuel composition technology.

ANNEX IV Concerning Article 20

Slovenia has expressed its wish to enter as soon as possible into discussions in the framework of Article 20 on the situation of the Port of Koper.

The Community took careful note of the interest expressed by Slovenia.

ANNEX V

Slovenia expressed its interest to start as soon as possible negotiations on future cooperation in the fields of air and maritime transport.

The Community delegation took careful note of the interest expressed by Slovenia.