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Law No. 48 Of 31 March 1999

Original Language Title:  LEGE nr. 48 din 31 martie 1999

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LEGE no. 48 48 of 31 March 1999 for the ratification of the Cooperation Agreement between the Government of Romania and the Government of the Republic of Hungary in the field of military transport, signed in Oradea on
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 145 145 of 8 April 1999



The Romanian Parliament adopts this law + Article UNIC The Cooperation Agreement between the Government of Romania and the Government of the Republic of Hungary in the field of military transport, signed in Oradea on December 20, 1997, This law was adopted by the Senate at the meeting of December 14, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM SPINEANU This law was adopted by the Chamber of Deputies at its meeting on March 1, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, PAULA IVANESCU + AGREEMENT cooperation between the Romanian Government and the Government of the Republic of Hungary in the field The Government of Romania and the Government of the Republic of Hungary, hereinafter referred to as in order to develop bilateral relations between the armies of the two States in the field of military transport in the spirit and on the basis of the Treaty of Understanding, Cooperation and Good Neighbourhood between Romania and the Republic of Hungary, signed in Timisoara on 16 September 1996, agreed the following: + Article 1 ((1) This Agreement concerns the problems concerning the transport of troops and military materials, hereinafter referred to as military transport, on the railways and/or on the roads and their execution between the two Contracting Parties, and in transit under customs supervision on their territory. (2) They are responsible for the execution of the provisions of this agreement the ministries of defense of the two contracting parties, which will ensure the planning, organization and realization of the collaboration through their specialized institutions mentioned in par. ((6) and (7). (3) In order to achieve in good conditions the provisions of this Agreement, the Ministries of Defence may conclude complementary agreements at the level of the subordinate competent bodies, in compliance with the internal legal procedures regarding the entry into force international agreements. (4) Military transports within the territory of the two States shall be carried out in compliance with international conventions and internal regulations of each Contracting Party in this field. (5) Military transports shall be carried out in the following directions: -from Romania to the Hungarian Republic or in the form of transit; -of the Hungarian Republic in Romania or in the form of transit. The Contracting Parties shall work together to ensure the transit of military transport belonging to (6) The institutions that address the military transport problems required for the military are: -from the Romanian side-Military Transport Section of the General Staff of the Romanian Army; -from the Hungarian side-Transport Service of the Army of the Republic of Hungary. (7) The coordination of arms shipments, military technique, spare parts and other material goods resulting from the import-export contracts shall be carried out by: -from the Romanian side-"Romtechnical" Autonomous Regia; -from the Hungarian side-Procurement Office of the Ministry of Defense of the Republic of Hungary. (8) The contracting parties shall empower the military institutions referred to in paragraph ((6) and (7) to collaborate with the railway and road bodies in their own country for the organization, programming and operative execution of military transport. It also authorizes them to maintain a permanent link between them, using existing means, to effectively solve problems. + Article 2 The organization of military transport to be executed in the interest of the contracting parties shall be carried out on the basis of the bilateral legal instruments in force, except for the problems that will be solved on the basis + Article 3 (1) The planning, organization and management of the execution of military transport will be carried out by the institutions referred to in art. 1 1 para. ((6) and (7). ((. The institutions referred to in art. 1 1 para. (7) will submit the requests for the planning of specific military transports to the authorities responsible for their execution only after all the problems of organizing the respective transports have been discussed and agreed Neighboring state ((3) The planning of military transports intended for one of the contracting parties or in transit, as well as the requests for their insurance needs (security and accompanying, route permit, etc.) will be submitted, in writing (fax, telex), to the institutions provided in art. 1 1 para. ((6) at least 10 days before the scheduled date for dispatch of the consignment. (4) The waiver of the request for security and the accompanying of military transport or the modification of its content can be made, in writing (fax, telex), by the institutions provided in art. 1 1 para. ((7), at least 72 hours before the planned date for dispatch of the consignment. ((5) The confirmation of the transport plan by the receiving contracting party shall be made, in writing, at least 48 hours before the consignment of the consignment. This will contain data on security and accompanying consignments, order of execution of applications, route permits for shipments with override or agabarithics, as well as any other necessary information. (6) Teaching institutions referred to in art. 1 1 para. (7) will communicate, in writing (fax, telex), both to the welcoming contracting party and to the railway and road bodies of the two countries given about the proximity of transport 24 hours before their arrival at the border stations (points). (7) The form, content and manner of use of the documents used, as well as the requirements relating to the content and form of the information to be transmitted shall be determined by the Ministries of Defence of the Contracting Parties, which shall establish and measures for the defence of secrecy. (8) For the transmission of information, the Contracting Parties shall provide for free, on the basis of reciprocity, links by military and public means, as well as by telephone, telephax and telegraph. + Article 4 (1) To the joint military activities carried out on the territory of the two states for the transport of formations to and from the place of dislocation, as well as for the movement of troops in the conducting district of the host contracting party, in collaboration with the joint management of the activity, draw up the transport plan of the respective activity. (2) The content and form requirements of the transport plan, the method of granting and the manner of mutual support shall be agreed between the contracting parties during the preparation of the activity. (3) For military transport resulting from international obligations the contracting parties shall provide each other, on the territory of their own state, military supervision, and on request, accompanying and guarding them. + Article 5 (1) The regulation of railway and/or road traffic shall be based on bilateral agreements between the Contracting Parties and the provisions of the international conventions to which the Contracting Parties participate. (2) For the execution of military transport over the state border of Romania and the Republic of Hungary shall be used: -the border railway stations Episcopia Bihor-Biharkeresztes and Curtici-Lokoshaza for railway military transport; -checkpoints for crossing the Bors-Artand and Nadlac-Nagylak border for military road transport. ((3) The control for border crossing and customs control shall be carried out by the competent authorities, in compliance with the legislation in force in the two states. ((4) An opinion shall be obtained before the entry into the territory of one of the Contracting Parties on the part of the road network manager concerning the maximum permissible mass and/or gauge limits on the route to be completed, condition valid and for territory of each Contracting Party. + Article 6 (1) The taking of military transports shall be carried out by the armed guard, as follows: -the guard of the Romanian contracting party, in the Biharkeresztes or Lokoshaza border railway stations, for railway military transport, and in the control points for the crossing of the Artand or Nagylak border, for military transport road, when it is to guard transport on the territory of Romania; -the guard of the Hungarian contracting party, in the border railway stations Episcopia Bihor or Curtici, for railway military transport, and in the control points for the crossing of the Bors or Nadlac border, for military transport road, when it is to guard shipments on the territory of the Republic of Hungary. (2) The guard shall mean the subunit (the accompanying staff) armed, charged by each contracting party with security and defence of military transport from the taking in the border station (point) until their surrender. The establishment of the guard flock shall be made by each contracting party according to its own regulations. The necessary documents are provided in Annexes no. 1-4 to this Agreement (the models of the state border crossing authorization, the empowerment for the commander of the guard, the table comprising the soldiers from the composition of the guard and the act of delivery-receipt of the transport) and are an integral part of this one. The material insurance of the guard is made by the military units that provide them, in collaboration with the military transport bodies of each contracting party. (3) The guard passes the state border on the basis of the provisions of the border crossing convention, in force between the two states. The Contracting Parties shall ensure, on the basis of reciprocity, the return of the guards. (4) The personnel of the guard execute the mission according to the legal regulations in force in the army of their country. During the execution of the mission in the territory of the neighboring state, the staff of the guard are obliged to comply with the (5) The staff of the accompanying guard shall bear the full responsibility for the integrity and security of the cargo from the receipt until delivery of the shipment + Article 7 The Contracting Parties shall assume the obligation to transmit to each other the information necessary for the regulation of any damage caused during the execution of military transport. The damage will be assessed according to the provisions of the country's legislative norms on the territory of which they occurred, and their recovery is made according to the existing agreements between the contracting parties. + Article 8 ((1) The transport of weapons, ammunition, explosive, nuclear and chemical hazardous materials will be carried out in compliance with the provisions of the international agreements to which the two contracting parties participate. On the territory of the state or each contracting party will comply with the provisions of the national legislation and its own rules on handling and transport. (2) Military technique combined on wagons or in motor vehicles shall be carried with a minimum fuel stock. + Article 9 ((1) Where during transport on the rail or road network of the two Contracting Parties situations arise which require rearrangement of cargo on wagons or motor vehicles, repair of carriages or motor vehicles, transhipment goods on other means of transport or other operations, due to which the movement can no longer continue, the entire transport will be retained until the necessary operations are carried out. (2) The conduct of rearrangement of cargo, the repair of means of transport, the transhipment of goods or other operations that have imposed the stop of military transport shall be carried out on the basis of a convention concluded between the organs referred to in Article 1 1 para. ((6) or (7), as appropriate, and the respective railway or road administrations, in which the time necessary for the execution of the remedies will also be determined. (3) The payment of the rent for the means of transport stationed from these cases will be made according to the existing agreements between the railway or road administrations of the two contracting parties. (4) In case of special events during the execution of military transport, the contracting parties shall ensure the security of the materials (means) and, upon request, participate in the liquidation of their consequences. + Article 10 (1) The method of payment of military transport, the payment of their cost, the expenses on security and the accompanying of military transport on the territory of each state, as well as other possible expenses will be highlighted in the transport concluded between the institutions provided in art. 1 1 para. ((6) and (7) and the railway or road administrations of those States. ((2) The request of other services and the payment of the expenses occasioned by them shall be regulated by the contracting parties by specific contracts. (3) The contracting parties shall make available to each other, on request, the technical transshipment bases and military materials from Constanta and Zahony. + Article 11 The provisions of this Agreement shall not be construed as affecting the rights and obligations of the Contracting Parties under the domestic law of each international agreement and conventions to which they participate. + Article 12 Any dispute concerning the interpretation or application of this Agreement shall be settled amicably between the Contracting Parties without being subject to international courts or third parties. + Article 13 ((. This Agreement shall be concluded for a period of 5 years, with the possibility of extending for new periods of 5 years, if none of the Contracting Parties shall inform, in writing, at least 6 months before the expiry of the period of validity in question, the other Contracting Party to its intention to terminate the validity of the Agreement. The Agreement shall lose its validity 6 months after its denunciation by one of the Contracting Parties. ((. This Agreement shall enter into force on the date of the last notification by which the Contracting Parties shall communicate to each other the fulfilment of the internal legal requirements for its entry ((3) The amendment or its completion may be made following joint arrangements between the Contracting Parties. These amendments or additions will be part of this agreement and will enter into force according to the provisions of par. ((2) of this article. Signed in Oradea on December 20, 1997, in two original copies, each in Romanian and Hungarian, both texts being equally authentic. For the Romanian Government, Victor Babiuc, national defence minister For the Government of Hungary, György Keleti, Defence Minister + Annex 1 BORDER CROSSING AUTHORIZATION NO. ...... of .................. The document is personal and untransmissible. Any correction, addition or stersaturation is strictly prohibited and produces the annihilation of the document. Place for photo The present authorization is valid from ...... until ................... The military passes the state border ............. ............................................... with the armaments of the series ....... no. ............... and with ................ cartridges. ................................... The Director of the Border Police Directorate, (rank, surname and surname) born at ......................... has the right to cross the state border ........................... in both parties by border crossing checkpoints ................................... ................................... for the surrender-receipt of military transports ................................ (signature and stamp) (stamp of the border crossing check) + Annex 2 ..................................... ..................., composed of: ....................... ................................................................................ and to ensure security and accompanying military transport during transit on the territory of Romania until the destination station ........................... The master, .......................... (signature and stamp) (stamp of the border police station) The document is personal and non-transferable. Any correction, addition or stersaturation is strictly prohibited and produces the cancellation of the document. + Annex 3 NOMINAL TABLE comprising the soldiers from the composition of the guard guard and accompanying military transport no. ...... from the station ............. to the station .............. and return No. crt. The name and surname of the military GradulNumber and series of identity document Observations Commander U.M., ......................... (signature and stamp) Vized, Vized, Head of border station deHead of the border station of exit, boarding (entry), ................................ (signature and stamp) (signature and stamp) + Annex 4 ACTE of delivery-receipt of military transport no. ....... Drawn up on the date of ............................ in the reception-reception station ................................................................................ (the name of the border station will be entered) ................................................. (rank, surname and surname) teaches, and the commander of the armed guard ......................................... (rank, surname and surname) receives military transport no. ................ ................, composed of .................. As part of military transport no. .......... the following means of transport are taught: No. crt. Number of the means of transports of the means of transportThe number of osisNumber of lead and state of lorObservations At the reception-reception the following were found: .............................. ................................................................................ We handed over the military transport received military transport no. ........... ........... No. .......... Guard Commander, Guard Commander, ............................................. (signature) (signature) -----------