Title: Bratislava
Author: Vladenka Blagojević
Last saved by: Martinkovicova
Company: MKT

DRAFT
AGREEMENT
between the Slovak Republic
and
Bosnia and Herzegovina
on International Transport of Passengers and Goods by Road

The Slovak Republic and Bosnia and Herzegovina (hereinafter referred to as the „Contracting Parties“),
Desiring to promote, in the interest of their economic relations, the development of the transport of passengers and goods by road between both Contracting Parties,
Have agreed as follows:
Article 1
Scope
	1. 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 their territories. The provisions of this Agreement also apply to the carriage of passengers and goods between the territory of one of the Contracting Parties and a third country with vehicles registered in the other Contracting Party.
	2. The present Agreement does not affect the rights and obligations arising from the other international commitments, nor does it affect the national legislation of both of the Contracting Parties.

Article 2
Definitions
For the purpose of this Agreement the term:
	a) „transport operator“ means any natural or legal person, who is established in either of the Contracting Party’s territory and legally admitted in its 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 legislation in force in that territory,
	b) „vehicle“ means a motor vehicle or a coupled combination of vehicles, of which at least the motor vehicle is registered in either Contracting Party’s territory and is used exclusively for the carriage of passengers and/or goods by road,
	c) „bus“ and „coach“ means vehicles which are built and designed for the carriage of persons which have, in addition to the driver’s seat, more than eight sitting places,
	d) „regular passenger service“ means a service by bus or coach which carries passengers over a specified route according to a timetable and for which set fares are charged; passengers are picked up or set down at predetermined stopping points and the service is accessible to everyone notwithstanding, in some cases, the need to book,
	e) „shuttle service“ means a service by bus or coach 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 place of destination; each group, consisting of the passengers who made the outward journey, is carried back to the place of departure on a later journey; place of departure and destination, respectively, mean the place where the journey begins and the place where the journey ends, together with, in each case, the surrounding locality within a 50 km radius.
The first return journey and the last outward journey in a series of shuttles are made unladen.
The service as a shuttle service is not affected by the fact that some passengers make the return journey with another group, nor by the fact that first outward journey and the last return journey are made unladen. This type of shuttle service is called „reversed shuttle“.
	f) „occasional service“ means a service between the territories of at least two Contracting Parties falling neither within the definition of regular passenger service nor the definition of a shuttle service. Such services may be operated with some degree of frequency without thereby ceasing to be occasional services.

PASSENGER TRANSPORT
Article 3
Regular passenger service
	1. Regular passenger service 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 authorization for the portion of the itinerary which is performed in the territory of its state.
	3. The competent authorities shall jointly determine the conditions of the authorization, namely its duration, the frequency of the transport operations, the timetables and the scale of tariffs to be applied, as well as any other details necessary for the smooth and efficient operation of the regular passenger service.
	4. The application for an authorization 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 timetables, 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 deem appropriate.
	6. Authorizations shall be issued in the name of the transport operator; they may not be transferred by the latter to third parties. However, the transport operator who has received the authorization may, with the consent of the competent authority, operate the service through a sub-contractor. In this case, the name of the latter transport operator and its role as sub-contractor shall be indicated in the authorization.
	7. In the case of transport operators associated for the purpose of operating a regular service, the authorization shall be issued in the names of all the transport operators. It shall be given to the operator that manages the operation and copies shall be given to the others. The authorization shall state the names of all the transport operators.
	8. The period of validity of an authorization shall not exceed five years.
Article 4
Shuttle service 
	1. Transport operators of one Contracting Party having the right to perform international shuttle service, may perform such transport between the territories of the two Contracting Parties and in transit across these territories without any authorization.
	2. The provision of services referred to in this article shall be carried out under cover of a control document issued by the competent authorities or by any duly authorized agency of the Contracting Party in which the transport operator is established.
Article 5
Control document
1.	The control document shall consist of detachable passenger waybills in duplicate in books of 25.
2.	Each book and its component passenger waybills shall bear a number. The passenger waybills shall also be numbered consecutively, running from 1 to 25.
3.	The wording on the cover of the book and that on the passenger waybills shall be printed in the official language of the Contracting Party in which the transport operator is established.
4.	The book shall be made out in the name of the transport operator; it shall not be transferable.
5.	The top copy of the passenger waybill shall be kept on the bus or coach throughout the journey to which it refers.
6.	The transport operator shall be responsible for seeing that passenger’s waybills are duly and correctly completed.
7.	The passenger waybill shall be completed in duplicate by the transport operator for each journey before the start of the journey.
8.	For the purpose of providing the names of passengers, the transport operator may use a previous completed list on a separate sheet, which shall be annexed to the passenger waybill. The transport operator′s stamp or, where appropriate, the transport operator′s signature or that of the driver of the bus or coach shall be placed both on the list and on the passenger waybill.

GOODS TRANSPORT
Article 6
Goods transport and permit system
	1. Transport operators of one Contracting Party may perform goods transport between the territories of the two Contracting Parties and in transit across these territories without any permits.

	2. Transport operators of one Contracting Party may, under the system of permit, perform goods transport between the territory of the other Contracting Party and the territory of any third country. This restriction does not apply to unladed runs.

GENERAL PROVISIONS
Article 7
Cabotage
		1. A transport operator established in the territory of a Contracting Party shall not undertake transport between two points in the territory of the other Contracting Party, unless a special permit for that purpose is granted by the competent authority of this Contracting Party.
	2.  The Joint Committee could, when it is deemed appropriate, establish the possibility of issuing such special permit, and the conditions that applicant must fulfill.
Article 8
Weights and dimensions of vehicles
1. Insofar as weights and dimensions of the vehicles are concerned, each Contracting Party undertakes not to impose on vehicles registered in the territory of the other Contracting Party terms that are more restrictive than those imposed on vehicles registered in its own territory.

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

	3. Transport operators of both Contracting Parties shall comply with the laws and regulations of the other Contracting Parties concerning the weight and dimensions of the vehicles on entering the territory of that Contracting Party.

	4. A special permit shall be required if the weight and/or dimensions of a vehicle registered in either Contracting Party exceed the permissible maximum weight and/or the dimensions in force in the territory of the other Contracting Party. The transport operator must apply for such a permit from the competent authority of that Contracting Party before entering its territory.
Article 9
Taxes, fees and other payments
	1.   Transport operators of the Contracting Parties performing carriage of passengers and goods under the terms of this Agreement shall be on the principle of reciprocity exempt from taxes, fees and other payments related to the ownership and running of the vehicle as well as from fees for transit of the vehicle on the roads of the other Contracting Party.

	2.   Exemption under the paragraph 1 of this Article shall not relate to the fees levied on the principle of non-discrimination for the use of roads, motorways, bridges and tunnels which are subject to payments.
Article 10
Violation of provisions
	1. In the event of any violation of the provisions of this Agreement by a vehicle or driver of one Contracting Party when in the territory of the other Contracting Party, the competent authority of the Contracting Party in whose territory the violence occurred may (without prejudice to any lawful sanctions which the courts or enforcement authorities of that Contracting Party may apply) request the competent authority of the other Contracting Party to:
a)	issue a warning to the transport operator in question;
b)	issue such a warning together with a notification that subsequent violence will lead to a temporary or permanent prohibition of access to the territory of the Contracting Party where the violence was committed; 
c)	issue a notice of such prohibition.

	2. The competent authority receiving any such request shall comply therewith and shall as soon as possible inform the competent authority of the other Contracting Party of the action taken.
Article 11
Joint Committee
	1. Contracting Parties shall appoint their competent authorities responsible for implementing the provisions of this Agreement within its territory and shall notify each other about it.

	2. A Joint Committee is hereby established for implementing the provisions of this Agreement.

	3. The Joint Committee shall meet on request of either Contracting Party and shall comprise representatives of the competent authorities of both Contracting Parties.

Article 12
Amendments
	Any amendments of the present Agreement shall be agreed between both Contracting Parties in writing. The amendments shall enter into force in accordance with Article 13.

Article 13
Entry into force
	1.   This Agreement is subject to approval in accordance with the national legislation of the Contracting Parties and shall enter into force on sixtieth (60) day after the date on which the Contracting Parties have mutually notified each other in writing, through diplomatic channels, of their compliance with the conditions required by national legislation of the Contracting Parties.

	2.  The Agreement shall remain in force unless one of the Contracting Parties gives written notice to the other Contracting Party of its intention to terminate it. This shall become effective six (6) months as of the date of the receipt of notification by the other Contracting Party.
	3.   By the entry into force of this Agreement, as regards the relations between the Slovak Republic and Bosnia and Herzegovina, the Agreement between the Government of the of the Czechoslovak Socialist Republic and the Government of the Federative People's Republic of Yugoslavia on international road transport as amended by the Agreement between the Government of the of the Czechoslovak Socialist Republic and the Government of the Socialist Federal Republic of Yugoslavia on the amendments of the Agreement between the Government of the of the Czechoslovak Socialist Republic and the Government of the Federative People's Republic of Yugoslavia on international road transport, concluded in Prague on 22 October 1962 will no longer be valid.

DONE in ………………………………  on …………………………………. in duplicate, each in Slovak language and the official languages of Bosnia and Herzegovina (Bosnian, Croatian and Serbian) English language, all texts being equally authentic. In case 
of divergence of interpretation, the English version shall prevail.

For the Slovak Republic                             For Bosnia and Herzegovina