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Artigo 15.º — Registo

Vigente desde: 26/05/2023

A Parte em cujo território o presente Acordo é assinado, deverá submetê-lo para registo, junto do Secretariado das Nações Unidas imediatamente após a sua entrada em vigor, nos termos previstos no artigo 102.º da Carta das Nações Unidas. Deverá ainda notificar a outra Parte da conclusão deste procedimento e indicar o número de registo atribuído.

Feito em Lisboa a 10 de janeiro de 2023, em dois originais, cada um em língua portuguesa, grega e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação do presente Acordo, prevalecerá o texto em língua inglesa.

Pela República Portuguesa:

José Luís Carneiro, Ministro da Administração Interna.

Pela República Helénica:

Christos Stylianides, Ministro para as Crises Climáticas e Proteção Civil.

(ver documento original)

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE HELLENIC REPUBLIC ON ASSISTANCE AND CO-OPERATION IN THE FIELD OF CIVIL PROTECTION

The Hellenic Republic and the Portuguese Republic, hereinafter referred to as the "Parties":

Aware of the dangers that natural and technological disasters pose to them;

Recognizing that cooperation and mutual assistance in the field of civil protection, including the prevention and management of emergencies, contribute to the protection and security of persons and material goods;

Committed to strengthening cooperation between their competent authorities in the field of civil protection:

have agreed as follows:

Article 1

Subject

The present Agreement establishes the legal framework applicable between the Parties, in terms of cooperation and mutual assistance in the field of civil protection, in accordance with the legislation in force in each State.

Article 2

Scope of application of the Agreement

The present Agreement sets out the conditions for cooperation with regard to the exchange of information, and the exchange and training of experts in civil protection and the provision of mutual assistance in the event of a major accident or disaster, current or imminent, following a request from the Authorities Competent authorities identified in article 5 and in accordance with article 7(1) of the present Agreement.

Article 3

Definitions

For the purposes of the present Agreement:

  1. a)"Major accident" refers to an unusual event with relatively limited effects in time and space, which may affect people, animals, property or the environment;
  2. b)"Disaster" refers to a major accident or series of major accidents, likely to cause substantial material damage and possibly human loss, which seriously affect living conditions, the economy, and society, in part or in the entire national territory;
  3. c)"Requesting Party" means the Party requesting assistance in the form of dispatch of experts, assistance teams or in-kind assistance;
  4. d)"Requested Party" means the Party to which a request for assistance is addressed;
  5. e)"Assistance team" means the group of experts sent by the Requested Party for the provision of assistance and that carries all the necessary equipment;
  6. f)"Equipment" refers to technical and technological means, means of transport, protection and rescue equipment, as well as essential goods for the persons who are part of the assistance team of the Requested Party.

    Article 4

    Modalities of Co-operation

  7. 1 -The Parties agree to develop co-operation in the field of civil protection, including through:
    1. a)Exchange of experts, as well as the exchange of information in all matters concerning civil protection;
    2. b)Implementation of training activities for civil protection experts;
    3. c)Study of issues in areas of common interest and exchange of information on legislation and regulations in terms of forecasting, prevention, assessment and response;
    4. d)Participation in joint exercises; and
    5. e)Provision of mutual assistance in the event of a major accident or disaster, current or imminent.
  8. 2 -The content of these cooperation arrangements is defined by the Joint Committee, in accordance with article 6 of the present Agreement.

    Article 5

    Competent Authorities

  9. 1 -The Competent Authorities for the implementation of the present Agreement are:
    1. a)For the Portuguese Republic, the National Authority for Emergency and Civil Protection of the Ministry of Home Affairs.
    2. b)For the Hellenic Republic, the General Secretariat for Civil Protection of the Ministry for Climate Crisis and Civil Protection.
  10. 2 -The Parties shall notify each other, in writing and through diplomatic channels, of any changes concerning the designation of Competent Authorities.

    Article 6

    Joint Committee

  11. 1 -In order to ensure effective compliance with the present Agreement, a Joint Committee is established, composed of representatives of the competent authorities of the Parties, who shall, within the framework of the present Agreement, coordinate their cooperation and their mutual activities, as well as monitor their implementation and evaluate the activities carried out.
  12. 2 -Each Party shall inform the other Party of the composition of its delegation.
  13. 3 -The competent authorities of the Parties are responsible for defining the composition, functions and working procedures of the Joint Committee, which will meet, alternately, in the territory of each of the Parties, once a year, or when necessary, following a request of one of the competent authorities of the Parties.

    Article 7

    General Request Procedures and Assistance Procedures

  14. 1 -The competent authorities of the Parties may request assistance in the event of a major accident or disaster, current or imminent.
  15. 2 -The assistance shall cover the whole or part of the territory of the Parties.
  16. 3 -Assistance shall be provided upon request, in which the Requesting Party shall provide information on the location, timing, nature, scope and parameters of emergencies or on the measures to be taken, as well as on the nature of assistance required and the corresponding priorities. The competent authority of the Requested Party shall decide on the provision of assistance as soon as possible and shall inform the Requesting Party of the possibilities, conditions and scope of assistance to be provided.
  17. 4 -During border crossing procedures, each member of the assistance team of the Requested Party must carry a valid identification document.
  18. 5 -Personnel, vehicles and equipment moving from the Requested Party to the Requesting Party shall be released as soon as the assistance operations carried out in accordance with the request of paragraph 1 of this article are completed.
  19. 6 -In the territory of the Requesting Party, assistance activities shall be coordinated, by its competent authorities and its authorized personnel, in accordance with its legislation.
  20. 7 -The head of mission of the Requested Party shall carry a list of personnel and equipment transported, issued by the competent authority to which this assistance team is subordinated, in the event of a major accident or catastrophe, current or imminent.
  21. 8 -The Parties agree to regularly share information through their competent authorities on the type of assistance that can be provided in case of need.

    Article 8

    Expenses inherent in co-operation

  22. 1 -In cases unrelated to the provision of assistance, all expenses for the accommodation of the personnel of each Party, including within the scope of previously agreed meetings of the Joint Committee, shall be borne by the host Party, including local costs of transport within its territory, unless the Parties decide otherwise. The other travel expenses must be borne by the other Party.
  23. 2 -Cooperation and the provision of assistance under the present Agreement shall take place within the limits of the respective relevant budgets of the competent authorities of each Party.
  24. 3 -The costs of resupplying assistance teams and material goods necessary for the operation of the equipment must be borne by the Requesting Party.
  25. 4 -All other expenses shall be borne by the Requested Party.

    Article 9

    Liability

  26. 1 -The Parties waive any claim for compensation for material damage, including environmental damage, caused by members of their assistance teams while performing the duties assigned to them by the present Agreement. The Parties also waive any claim for compensation relating to the injury or death of their team members if that occurred during or because of the performance of the functions under the present Agreement.
  27. 2 -In the event that a member of the assistance team of the Requested Party causes damage to third parties, within the territory of the Requesting Party, while performing the functions under the present Agreement, the Requesting Party shall assume responsibility, in accordance with national legislation for damage caused by its own service team.
  28. 3 -The provisions of paragraphs 1 and 2 of the present article do not apply to damage caused by the assistance teams of the Requested Party, intentionally or through gross negligence.
  29. 4 -The duty of compensation contemplated in the present article shall apply to damage caused by assistance teams of the Requested Party from the moment they enter the territory of the Requesting Party until their departure.

    Article 10

    Relation with other International Conventions

    The provisions of the present Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which they are a party.

    Article 11

    Settlement of disputes

    Any dispute concerning the application or interpretation of the present Agreement will be resolved amicably, through negotiation between the Parties, through diplomatic channels.

    Article 12

    Entry into force

    The present Agreement will enter into force on the thirtieth (30th day following the date of receipt of the last notification, in writing and through diplomatic channels, conveying that the requirements of the Parties domestic law necessary for this purpose have been met.

    Article 13

    Amendments

  30. 1 -The present Agreement may be amended by mutual consent of the Parties, in writing and through diplomatic channels.
  31. 2 -Such amendments shall enter into force in accordance with article 12 of the present Agreement.

    Article 14

    Duration and termination

  32. 1 -The present Agreement shall remain in force for an unlimited period.
  33. 2 -Each Party may, at any time, terminate the present Agreement by sending a notification to the other Party, in writing and through diplomatic channels.
  34. 3 -In the event of termination, the present Agreement expires six months after the date of receipt of the notification referred to in previous paragraph.
  35. 4 -The termination of the present Agreement shall not affect the implementation of ongoing actions, which shall remain in force until their conclusion, unless otherwise agreed by the Parties, in writing and through diplomatic channels.

    Article 15

    Registration

    The Party in whose territory the present Agreement is signed shall submit it for registration to the United Nations Secretariat immediately upon its entry into force in accordance with article 102 of the United Nations Charter. It shall also notify the other Party of the conclusion of this procedure and inform the registration number assigned.

    Done in Lisbon on 10/1/2023 in two originals, each in the Portuguese, Greek and English languages, all texts being equally authentic. In case of any divergence in the interpretation of the present Agreement, the English text shall prevail.

    For the Portuguese Republic:

    José Luís Carneiro. Minister of Home Affairs.

    For the Hellenic Republic:

    Christos Stylianides, Minister for Climate Crisis and Civil Protection.

    116498335

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