Law No. 48 Of 31 March 1999

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

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Law No. 48 of 31 March 1999 on the ratification of the cooperation agreement between the Romanian Government and the Government of the Republic of Hungary in the field of transport, signed on 20 December 1997, Oradea ISSUER PARLIAMENT Published in MONITORUL OFICIAL nr. 145 of 8 April 1999 the Parliament of Romania adopts this law.


The sole article Shall ratify the cooperation agreement between the Romanian Government and the Government of the Republic of Hungary in the field of transport, signed on 20 December 1997, Oradea.
This law was adopted by the Senate at its meeting on 14 December 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. ULM SADR this law was adopted by the Chamber of deputies at its meeting on 1 March 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU cooperation agreement between the Romanian Government and the Government of the Republic of Hungary in the field of the military Government and the Government of the Republic of Hungary, hereinafter referred to as the Contracting Parties, in order to develop bilateral relations between the armies of the two countries in the field of transport, in spirit and on the basis of the Treaty of understanding, cooperation and good neighbourly relations between Romania and Hungary signed in Timişoara on September 16, 1996, have agreed as follows: Article 1 (1) this Agreement shall relate to matters relating to transport troops and military materials, hereinafter referred to as military transports, railways and/or road and execution between the two Contracting Parties, as well as in transit under customs supervision within their territory.
  

(2) Are responsible for enforcing the provisions of this agreement, the defence ministries of the two Contracting Parties, which will ensure the planning, organisation and realisation of cooperation through their specialized institutions mentioned in paragraph 1. (6) and (7).
  

(3) for the purposes of the provisions in this agreement, defence ministries may conclude supplementary agreements at the level of the authorities of subordinates, respecting legal procedures relating to the entry into force of international agreements.
  

(4) military shipments into the territory of the two States is executed in compliance with international conventions and national regulations of each of the Contracting Parties in this area.
  

(5) military shipments will be run in the following directions:-from Hungary or Romania in the form of transit;
-from Hungary in Romania or in the form of transit.
The Contracting Parties shall cooperate in order to ensure military transport tranzitarii belonging to other countries.

(6) institutions which resolves issues related to the necessary military transports for the army are as follows:-on the part of Romanian Military Transport unit from the army's General Headquarters in Romania;
from the Hungarian-Transport service of the Hungarian Army.

(7) coordination of shipments of weaponry, military technique, spare parts and other material goods arising from import-export contracts will be achieved by:-the part of the Romanian Autonomous self-directed "Romtehnica";
-on behalf of the Hungarian Office of procurement-Ministry of Defense of the Republic of Hungary.

(8) the Contracting Parties empower their military institutions referred to in paragraph 1. (6) and (7) to cooperate with law enforcement agencies in the country by road and rail for organizing, scheduling and execution of military transport operations. It also authorizes them to maintain a permanent link between them, using the existing means for solving efficiency.
  


Article 2 the Organization of military transportation to be executed in the interests of the Contracting Parties shall be carried out on the basis of bilateral legal instruments in force, with the exception of the issues will be solved on the basis of this agreement.


Article 3 (1) planning, organizing and directing the execution of military transport will be carried out by the institutions referred to in article 1. 1 (1). (6) and (7).
  

(2) the institutions referred to in article 1. 1 (1). (7) will submit requests for specific military transport planning by the authorities responsible for their execution only after it was discussed and it was agreed on all issues concerning the Organization of the transport in question in the territory of the neighboring state.
  

(3) planning of transport intended to be one of the military's contracting parties or in transit, as well as applications for their insurance needs (and accompanying route permit, etc.) shall be submitted in writing (fax, telex), referred to in art. 1 (1). (6) at least 10 days before the date scheduled for sending.
  

(4) upon application for Waiver relating to transport and guard escorting military or modifying its content can be done in writing (fax, telex) by the institutions referred to in article 1. 1 (1). (7) at least 72 hours prior to the planned date for the dispatch of the shipment.
  

(5) confirmation of the plan by the carrier to whom the Contracting Party shall be made in writing with at least 48 hours before dispatch of the shipment. It will contain data on guard and escorting transports, the order of execution of requests, route permits for shipments with oversized or supratonaj, and any other necessary information.
  

(6) the institutions referred to in article predatoare. 1 (1). (7) will communicate in writing (fax, telex), both the Contracting Party, and railway and road organs of the two countries, transport data with near 24 hours before their arrival in the stations (paragraphs) of the border.
  

(7) the form, content and manner of use of documents used, and requirements relating to the contents and form of the information to be transmitted, shall be determined by the defence ministries of the Contracting Parties, which shall establish measures for the protection of secrecy.
  

(8) for the transmission of information the contracting parties ensure their free, on a reciprocal basis, by military means and public, as well as by telephone, Telegraph and telefax rail.
  


Article 4 (1) joint military activities carried out within the territory of the two States for the transport of to and from the place of deployment, as well as for the movement of troops in the rayon of the host Contracting Party exercises, in conjunction with the management of the activity, shall draw up the plan of that activity.
  

(2) the requirements for the content and form of the transport plan, the method of granting and mutual support are established by mutual agreement between the Contracting Parties at the time of the preparation of the activity.
  

(3) For military shipments resulting from international obligations on Contracting Parties to provide each other, on their own territory, military surveillance, and upon request, escorting and guarding them.
  


Article 5 (1) to regulate the movement of railway and/or road is made on the basis of bilateral agreements between Contracting Parties, as well as the provisions of international conventions to which the contracting parties participate.
  

(2) For the enforcement of military transportation across the State border of Romania and the Republic of Hungary will be used:-railway stations of the diocese border-Curtici-Lokoshaza Biharkeresztes and for shipments of military railways;
-control points of crossing of Nadlac and Bors Artand-Nagylak for military shipments by road.

(3) control for crossing the border and customs control shall be executed by the competent authorities, in compliance with the laws in force in the two countries.
  

(4) before the entry into the territory of one of the Contracting Parties shall obtain an opinion on the part of the network administrator's relating to weight limits for road and/or maximum permissible gauge route to be valid and the condition, for the territory of each Contracting Party.
  


Article 6 (1) for delivery of military transport is executed by the armed guard, as follows:-the Contracting Party, in railway stations or Lokoshaza border Biharkeresztes, railway transport, and military checkpoints for crossing the border in Nagylak Artand or, for shipments of military road, when intended to guard the shipments on Romanian territory;
-the Contracting Party in Hungary, in railway stations border Diocese of Bihor County or New York, for military shipments by rail, and checkpoints for crossing the border in Bors or Bloomington, for transport by road, when the military to guard the shipments into the territory of the Republic of Hungary.

(2) Through the guard means subunit (herd attendant), armed by each Contracting Party with guarding and defending military transport from taking over the station (point) of the border up to their teaching. Setting flock guard is made by each Contracting Party in accordance with its own rules. The documents required are provided in annexes guard nr. 1 to 4 to this agreement (models of State border crossings, Guard Commander for empowerment, table comprising soldiers from the guard and the Act of composition teaching to accommodate transport) and forming an integral part thereof. Material ensuring clearance is made by military units that provide, in collaboration with the military transport of each Contracting Party.
  


(3) pass the State Border Guard on the basis of the provisions of the Convention on crossing the border in force between the two countries. Contracting Parties ensure, on a reciprocal basis, the return over the border shifts;.
  

(4) staff rules mission guard run into legal force in the country in which it participates. During the execution of the Mission in the territory of the neighboring state, the staff of the guard is obligated to comply with the legislation of the Contracting Party.
  

(5) the staff of the guard accompanying the gate full responsibility for the integrity and security of cargo from receipt until the surrender of the transport.
  


Article 7 the Contracting Parties assumes the obligation to transmit to each other the information necessary for the settlement of possible damage caused during the execution of military transport. Damages will be assessed according to the provisions of the laws of the country in whose territory it was produced, and their recovery is done in accordance with existing agreements between the Contracting Parties.


Article 8 (1) the carriage of weapons, ammunition, explosives, nuclear materials and hazardous chemicals will be done with due regard for the provisions of international agreements to which the two contracting parties participate. State or territory each Contracting Party shall comply with the provisions of the national legislation and their own rules relating to the handling and transport.
  

(2) Technical imbarcata's military wagons or into motor vehicle shall carry a minimum stock of petrol.
  


Article 9 (1) where during transportation on the railway or road network of the two Contracting Parties arise situations which require rearranging cargo on wagons or in vehicles, wagons or repair of motor vehicles, transit goods by other modes of transportation or other operations, from which it can no longer continue to move, the entire transportation will be withheld until the necessary operations.
  

(2) the operations of the rearrangement of the load, the repair of means of transport, transshipment of goods or other operations which were impelled by stopping military transport is carried out on the basis of the Convention concluded between the bodies referred to in article 1. 1 (1). (6) or (7), where applicable, the road or railway administrations and in which it is established and the time required for the execution of fixups.
  

(3) payment of the rent for the transportation of these causes are stationed will be made according to existing agreements between railway administrations or road of the two Contracting Parties.
  

(4) in case of special events during the execution of military transport, the contracting parties ensure that the Guard (of funds) and, on request, to participate in the liquidation of their consequences.
  


Article 10 (1) how to prepare the military transport, the payment of the cost thereof, of expenditure relating to transport and guard escorting military territory of each State, as well as other possible expenses will be highlighted in transport contracts concluded between the institutions referred to in article 1. 1 (1). (6) and (7) and railway administrations of the States concerned or on the road.
  

(2) Request other services and payment of expenses occasioned by them shall regulate by the Contracting Parties through specific contracts.
  

(3) the parties are asking each other, upon request, technical and military materials transshipment 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 according to their respective domestic laws and international conventions to which they attend.


Article 12 Any disputes concerning the interpretation or application of this Agreement shall be settled amicably between the parties, without being subject to international courts or of third parties.


Article 13 (1) this agreement is concluded for a period of 5 years, with the possibility of an extension on the new 5-year periods, if any one of the Contracting Parties shall inform, in writing, at least 6 months prior to the expiry of the period of validity of the respective other Contracting Party upon its intent regarding the ceasing of the agreement. The Agreement invalid after six months from the termination of one of the Contracting Parties.
  

(2) this Agreement shall enter into force on the date of the last notification by the Contracting Parties shall communicate to each other the internal legal requirements for the entry into force.
  

(3) the amendment or supplementing it can be done as a result of common understanding between the parties. Such changes or additions will form part of this agreement and will enter into force in accordance with paragraph 1. (2) of this article.
  

Signed in Oradea on 20 December 1997, in two originals, each in the Romanian language and in Hungarian language, both texts being equally authentic.
For Government, Defense Minister Victor Babiuc, the national Government of the Republic of Hungary, Defence Minister Gyorgy Keleti, Annex 1 border crossing PERMIT No. document is personal and non-transmissible. Any correction, addition or wiping is strictly prohibited and produces aniilarea.

 


 


 


 

Place for photography This authorization is valid from until.  A frontier State. .. arms series. Nr. and with. cartridges.

 

..
The border police Directorate Director, (rank, name and first name) date of birth. has the right to cross the State border in both parties through the checkpoints for crossing the border. .. .. for receiving military shipments teaching tools you can use.
.

 

(signature and stamp)

 


 


 


 


 


 


 

(stamp of the control point for crossing the border)


Annex 2 POWER of ATTORNEY is hereby empowers the Lord. .. (rank, name and surname) to receive the military cross-border transportation station nr. , consisting of: .. and for guard and accompany the military transport during transit through the territory of Romania until the landing station.. .

 


 


 

The Commander, a. ..

 


 


 


 

(signature and stamp)
(stamp border point)

 


 


 

The document is personal and non-transmissible. Any correction, addition or wiping is strictly prohibited and produce cancellation document.


Annex 3 TABLE ROLL comprising soldiers from the composition of the security guard and the accompanying military transport nr. from the station. the stop in. .. and back no. crt.
Numele şi prenumele militarului
Gradul
Numărul şi seria documentului de identitate
Observaţii

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Comandantul U.M.,

 


 

.

 


 

(signature and stamp)

 


 

Concerned, the head of the border station border station boss, boarding (input), and. ..

 


(signature and stamp)

 

(signature and stamp)


Annex 4 to the Act of surrender of military transport and port-receipt no. .

 


 


 

Done at date. at the reception you can use to teaching. .. (be sure to sign up for border station name)

 

The Commander of the armed guard. (rank, name and surname) teaches, and Commander of the armed guard and. .. (rank, name and surname) receives military transport nr. , composed of The military transport nr. . taught the following means of transport: No. crt.
The number of means of transport Kinds of means of transport number of axles Number plumburilor and their Remarks at the handover ─ to receive also found the following:

 


 


 


 

I taught military transport got military transport nr. ..
Nr. .

 

The Commander of the guard, the Guard Commander, and. ..
.

 

(signature)
(signature) — — — — — — — — — — —