Príloha

A G R E E M E N T
between the Government of the Slovak Republic
and
the Government of Montenegro
on International Transport of Passengers and Goods by Road

The Government of the Slovak Republic and the Government of Montenegro (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: 
SCOPE 
Article 1 

	1. The provisions of this Agreement shall apply to the international carriage of passengers and goods by road for hire or reward between the territories of the Contracting Parties and in transit through their territories. The provisions also apply to the carriage of passengers and goods between 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.

DEFINITIONS 
Article 2 

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 laws and regulations 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" mean vehicles which are built and designed for the transport 
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 of 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 place of 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 territory of at least two Contracting Parties falling neither within the definition of regular 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;

	g) “control document” means the waybill for buses, made in conformity with INTERBUS agreement. 

PASSENGER TRANSPORT 

Article 3
Regular passenger services

	1. Regular passenger services 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 its territory.

	3. The competent authorities shall jointly determine the conditions of the authorization, namely its duration, the frequency of the transport operations, the time tables 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 services.

	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 time tables, 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 undertaking; 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 undertaking and its role as sub-contractor shall be indicated in the authorization.

	7. In the case of undertakings associated for the purpose of operating a regular service, the authorization shall be issued in the names of all the undertakings. It shall be given to the undertaking that manages the operation and copies shall be given to the others. The authorization shall state the names of all the operators.

	8. The period of validity of an authorization shall not exceed five years.

Article 4
Shuttle services and occassional services

	1. Transport operators of one Contracting Party having the right to perform international shuttle services and occasional services, 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.

GOODS TRANSPORT 
Article 5

	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 prior authorization by permit, undertake on the state territory of the other Contracting Party transport between the territory of the other Contracting Party and the territory of any third country. This restriction does not apply to unladen runs.

GENERAL PROVISIONS 
Article 6

1. A transport operator domiciled in the territory of a Contracting Party shall not undertake transports 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 may, when it is deemed appropriate, establish the possibility of issuing such special permits, and the conditions that applicants must fulfil.

Article 7 
	
	1. Insofar weight 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 be have to comply with the laws and regulations of the other Contracting Party 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 carrier must apply for such a permit from the competent authority of that Contracting Party before entering its territory.

Article 8

	Vehicles carrying dangerous goods or perishable goods must be fitted out and designated in accordance with the European Agreement Concerning the International Carriage of Dangerous Goods by road signed in Geneva on 30 September 1957 (ADR), as well as the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage signed in Geneva on 1 September 1970 (ATP).

Article 9
 
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, charges and fees 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 

Transport operators and their vehicle crews have a duty, when operating in the territory of the other Contracting Party, to comply with the laws and regulations in force in that territory.

Article 11

	1. In the event of any infringement 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 infringement 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 infringement will lead to a temporary or permanent exclusion of that transport operator from the territory of the Contracting Party in which the infringement occurred; or
c)	issue a notice of such exclusion.

	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 12 

	1. Contracting Parties shall appoint its 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 13 

Any modification of the present Agreement approved by both Contracting Parties shall enter into force on sixtieth (60) day after the date on which the Contracting Parties have informed each other in writing, through diplomatic channels, of the completion of their respective constitutional requirements for its entry into force. 
Article 14 

	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 their respective constitutional requirements for the entry into force of this Agreement. 

	2. The Agreement is concluded for unlimited period. Each Contracting Party may give 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 notification delivery to the other Contracting Party. 

	3. By the entry into force of this Agreement, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Socialist Federal Republic of Yugoslavia on International Road Transport, signed in Prague on October 22, 1962, will no longer be valid as regards the relations between the Slovak Republic and Montenegro.

DONE in duplicate in    ..........................  on  ...............................   in the Slovak, Montenegrin and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail. 

For the Government                                           For the  Government      
of the Slovak Republic                                       of Montenegro