Text file: 4534.txt
author: reha48
downvotes: 1
end consideration date: 2013-05-21
id: '4534'
number comments: 3
number views: 2083
proposal type: Competent authority response
response: "Response by the Ministry of the Interior (Police)\nThe police are only\
  \ one of the supervisory authorities that control road transport. It focuses its\
  \ actions primarily on ensuring road safety and tailors its control of the various\
  \ road users accordingly.\nIn 2012, the police dealt with 22,037 road accidents.\
  \ In 2,821 accidents, drivers of goods vehicles were involved in 1,703 cases as\
  \ the causative parties. Slovenian hauliers predominated among the perpetrators\
  \ (1,060 perpetrators), while foreign hauliers were responsible for 643 accidents.\
  \ According to the above-mentioned data, in 2012 the police also carried out controls\
  \ on domestic and foreign hauliers in accordance with the above-mentioned ratio,\
  \ which is further reflected in the number of infringements detected. In 2012, the\
  \ police detected 24,409 infringements by lorry drivers, 13,767 or 56% for domestic\
  \ hauliers and 10,642 or 44% for foreign hauliers.\nThe data presented refer to\
  \ the entire road network in the RS. Slovenian hauliers dominate on all roads except\
  \ motorways, and we therefore consider the above ratio to be appropriate.\nSlovenia\
  \ is a transit country and foreign hauliers dominate on motorways, so the police\
  \ control them in proportion to their presence. Comparatively to the surveillance,\
  \ the majority of infringements on motorways were detected with foreign hauliers\
  \ (6,290), while in 2012 the police dealt with 1,634 infringements on motorways\
  \ committed by drivers of domestic hauliers.\nAccording to Directive 2006/22/EC\
  \ of the European Parliament and of the Council, Member States are required to carry\
  \ out roadside checks without discrimination, so information on the country of registration\
  \ of the vehicle or the nationality of the driver should not be the basis on which\
  \ police officers decide to carry out checks.\nA decision to focus police officers\
  \ primarily on foreign hauliers would therefore be wrong both from a professional\
  \ point of view and from the point of view of biased treatment of individual road\
  \ users.\n \nResponse from the Ministry of Finance (Customs Administration of the\
  \ Republic of Slovenia)\nThe Customs authorities carry out controls on the entire\
  \ motorway network of the Republic of Slovenia in the exercise of their traditional\
  \ (customs-customs) fields of activity. Supervision on the motorway network is carried\
  \ out by mobile units, which are equipped and trained units authorised to carry\
  \ out controls and inspections and other activities in accordance with customs,\
  \ excise, environmental and tax legislation. The mobile units carried out a total\
  \ of 885 different operational activities on the motorway network of the Republic\
  \ of Slovenia in 2012 and 250 different operational activities in the first quarter\
  \ of 2013.\nThe Customs Service carries out the following tasks in the control of\
  \ the motorway network:\n detecting infringements related to illegal entry of goods\
  \ into the EU and illegal entry of excise goods into the territory of the Republic\
  \ of Slovenia, checking whether carriers meet the conditions for carrying out road\
  \ transport activities, access to the EU and Slovenian transport markets, detecting\
  \ illegal employment and illegal work, controlling the charging and payment of VAT\
  \ on passenger transport services in international road transport.\nIn addition\
  \ to the Police and the Inspectorate of Transport, Energy and Spatial Planning of\
  \ the Republic of Slovenia (IRSPEP), the Customs Service is also a supervisory authority\
  \ under the Road Transport Act (ZPCP). The Customs authorities pay particular attention\
  \ to the field of road transport in all its forms, both in the international carriage\
  \ of goods, international passenger transport and the provision of taxi services.\
  \ Supervision and control are carried out in the form of selective and targeted\
  \ controls, which are coordinated with the implementation and action plans of the\
  \ Customs Administration of the Republic of Slovenia (CURS) and with the Community\
  \ strategy and implementation plan. Particular mention should be made of joint international\
  \ activities in the field of international customs operations and joint actions\
  \ with other authorities at national and international level, which are organised\
  \ according to current trends and orientations.\nIn the field of road transport,\
  \ the customs authorities are obliged to verify the authorisations, licences and\
  \ other documents and documents required by the law governing road transport, EU\
  \ rules and international agreements, which foreign and Community carriers need\
  \ in order to carry out the international transport of persons and goods. The customs\
  \ authorities carry out controls on carriers at border crossing points, on the road\
  \ network and, in the context of controls, at the registered offices of legal persons\
  \ and other business premises where goods are loaded or unloaded.\nIn 2012, in addition\
  \ to permanent controls at border crossing points, the customs authorities carried\
  \ out a total of 607 operational activities in the field of road transport controls.\
  \ In the context of all these activities, the customs authorities carried out 8450\
  \ individual controls in the area of the FTZP. In the first quarter of 2013, mobile\
  \ units carried out a total of 159 road transport activities. Another point to note\
  \ is the regular monthly joint inspections with the IRSPEP. 45 joint inspections\
  \ were carried out with the IRSPEP in 2012 and 11 joint inspections in the first\
  \ quarter of 2013.\nIn 2012, the customs authorities detected 999 infringements\
  \ under the PCCP, for which fines were imposed by issuing payment orders (992 cases)\
  \ and in seven cases by issuing decisions in summary proceedings on the offence.\
  \ Of the 999 infringements detected, 788 infringements were detected on the motorway\
  \ and road network and in the context of monitoring at the registered offices of\
  \ legal entities. Infringements were detected for 240 domestic hauliers, 412 EU\
  \ hauliers and 347 foreign hauliers. The proportion of hauliers inspected was also\
  \ the same, with approximately 25% of the total number of hauliers inspected being\
  \ domestic hauliers (source: CURS Annual Report 2012), so that there is no discrimination\
  \ or more frequent treatment of any of these groups of hauliers.\nIn the context\
  \ of the infringements examined, the infringements committed by foreign carriers\
  \ in international road transport, which carry out passenger and goods transport\
  \ operations in the territory of the Republic of Slovenia without or with inadequate\
  \ documentation, which is otherwise required for the performance of such operations,\
  \ stand out in particular. In October 2012, the MoJ started activities on the road\
  \ network of the Republic of Slovenia to control the payment of VAT in international\
  \ road passenger transport.\nCommunication between officials and foreign hauliers\
  \ is carried out with the help of pre-prepared translations of the most frequently\
  \ infringed articles of the regulations and descriptions of the procedures to be\
  \ followed for non-compliance with the legislation, teams are composed in such a\
  \ way that they include officials who speak different foreign languages, and it\
  \ is also possible to invite an interpreter to the procedure when it is not possible\
  \ to explain the procedure in any other way. The customs authorities are conducting\
  \ the procedure with all hauliers, irrespective of their nationality or knowledge\
  \ of the languages, and at present they do not detect any major problems with communication.\n\
  The offences detected are dealt with in accordance with the provisions of the Offences\
  \ Act ZP-1. Offenders residing in the Republic of Slovenia may pay the fine within\
  \ 8 days of the final decision. Offenders who do not reside in the RS are obliged\
  \ to pay the fine immediately at the place of the offence. Otherwise, the execution\
  \ of the payment order (the fine imposed) is secured by the temporary confiscation\
  \ of objects or documents pursuant to Article 201 of the Law on Administrative Offences.\
  \ However, if the fine is not imposed at the place of the offence, the payment of\
  \ the fine and the costs of the proceedings shall be secured by means of a bail\
  \ bond pursuant to Article 113 of the CCL-1.\n Proposed amendments to the legislation:\n\
  The Customs Service has already twice proposed to the Ministry of Finance to amend\
  \ the VAT Act and the Rules on the implementation of the VAT Act with regard to\
  \ simplification of the charging and payment of VAT on international road passenger\
  \ transport services (proposals in annex: 007-51/2012-9 of 25 October 2012 and 423-217/2013-2\
  \ of 21 May 2013).\nA proposal has already been made by the MHIP to make the customs\
  \ authorities a supervisory authority also under the Law on Working Hours and Compulsory\
  \ Rest Periods of Mobile Workers and on Recording Equipment in Road Transport (ZDCOPMD),\
  \ where the amendments also designate the customs authority as a supervisory authority.\n\
  A proposal for amendments to the ZPCP with the aim of reducing the grey economy\
  \ and making the management of procedures more economical has also been submitted\
  \ to the MoLIP, but has not yet been implemented. The text of the proposed amendments\
  \ is attached.\nIn addition, we would propose an amendment to the Motor Vehicles\
  \ Act (MV Act), where the implementation of Article 77 needs to be defined - we\
  \ propose to add a 3rd paragraph to Article 77, which would read as follows:\n\"\
  (3) The disqualification of a vehicle or the prohibition on the use of a vehicle\
  \ shall continue until the reasons for which it was ordered have been removed. The\
  \ customs authority which removes the vehicle from circulation may withdraw the\
  \ registration or test plates and the traffic licence. If the driver fails to remove\
  \ the registration or test plates from the vehicle, they shall be removed by direct\
  \ physical coercion at the driver's expense. The customs authority shall issue a\
  \ certificate of the withdrawal of the licence and the number plates.\"\n "
response date: 2013-06-17
response due date: null
sent date: 2013-04-22
title: Cash flowing into the Treasury
upvotes: 22
url: https://predlagam.vladi.si/predlog/4534
