O presente Acordo entrará em vigor quando as duas Partes se notificarem mutuamente, por via diplomática, do cumprimento das formalidades exigidas para o efeito pela ordem jurídica de cada uma das Partes.
Feito em Budapeste, em 7 de Outubro de 1996, em três versões autênticas, nas línguas portuguesa, húngara e inglesa, fazendo todas igualmente fé.
Em caso de divergências de interpretação, prevalecerá a versão inglesa.
O Ministro da Defesa Nacional da República Portuguesa:
António Manuel de Carvalho Ferreira Vitorino.
O Ministro da Defesa da República da Hungria:
Keleti György.
AGREEMENT OF CO-OPERATION ON DEFENCE MATTERS BETWEEN THE MINISTRY OF NATIONAL DEFENCE OF THE PORTUGUESE REPUBLIC AND THE MINISTRY OF DEFENCE OF THE REPUBLIC OF HUNGARY.
The Ministry of National Defence of The Portuguese Republic and The Ministry of Defence of The Republic of Hungary, henceforth called Parties:
Engaged in the development and deepening of the existing friendship relations between both countries;
Guided by common principles resulting from The United Nations Charter, the Helsinki Final Act and The Paris Charter for a New Europe of the OSCE;
Aware that as European countries favouring peace and security in the region by establishing bilateral relations in the defence sphere;
Encouraged by the spirit of creation of a new order of security and co-operation in Europe and seeing with satisfaction the Hungarian intention of joining European and Euroatlantic institutions;
Expressing the intention to promote each other relations within the framework of the Joint Declaration of the Defence Ministers of both countries, signed in Budapest, in the 24th November of 1992;
agree upon the following:
Article 1
Purpose
This Agreement has the purpose of promoting the co-operation on defence matters between the Parties, within the limits of their competencies and respect of the constitutional legislation of both countries.
Article 2
Fields of co-operation
- 1 -The co-operation between the Parties in defence matters will be oriented preferably to the following fields:
- a)Security and defence issues of common interest;
- b)Legal basis of Defence and Armed Forces;
- c)Enhancement of the relationship between both countries Armed Forces and co-operation in the organisation, training and logistic fields;
- d)Observation of military exercises organised in a national basis against express invitation;
- e)Courses and training periods in military academies of the Parties;
- f)Environmental protection.
- 2 -The general activities mentioned in this Agreement can be extended or limited by mutual understanding formalised in a specific document.
- 3 -In order to implement the co-operation in the above mentioned fields, or others, specific agreements or additional protocols, containing the details related to those matters, may be concluded.
Article 3
Ways of implementing co-operation
The co-operation between the two Parties will be materialised predominantly in the following ways:
- a)Organisation and development of common activities within the Partnership for Peace;
- b)Development of common projects in the defence industrial research fields;
- c)Mutual assistance, throughout the exchange of technical, technological and industrial information and utilisation of the scientific, technical and industrial capacities of each other for the development, production and commercial exchanges of materials and defence equipment, committed to fulfil both Parties needs;
- d)Regular consultations at experts level of the Ministries of Defence;
- e)Exchange of experiences in the various issues related to the fields of co-operation;
- f)Exchange of Armed Forces personnel to participate in the activities foreseen in this Agreement.
Article 4
Commitments of the Parties related to the protection of information
- 1 -The participation of a third country in the co-operation foreseen in article 3 will depend on a previous agreement of the Parties.
- 2 -Within the framework of this Agreement and in any specific case, all the information, technical experience, documents, material or equipment entrusted by one of the Parties to the other must be exclusively used to the foreseen aims, unless accompanied by express authorisation from the original Party.
- 3 -The conditions of temporary or definitive reproduction, transfer or cession to third Parties of information, documents, equipment and technology produced in co-operation, will be stipulated in a specific document.
- 4 -Every exchange of information related to materials or documents produced under the activities connected to the development of this Agreement will be ruled in accordance with the provisions of an agreement of protection of classified information.
- 5 -Each Party will establish, for each case, a classification level at least equivalent to that foreseen by the origin Party and will take the suitable protective measures.
Article 5
Joint Commission
- 1 -In the interests of the implementation of the provisions of the present Agreement, the Parties create a Joint Commission which has the special competence to:
- a)Approve the co-operation projects to be undertaken in the fields identified in article 2 of this Agreement;
- b)Take the necessary measures to materialise the co-operation activities;
- c)Promote the deepening of the co-operation between the Parties in the defence sphere, favouring the diversification of co-operation agents and modalities;
- d)Programme exchanges of Armed Forces personnel to be developed between the two countries;
- e)Maintain the governmental authorities informed about the evolution of the implementation conditions of the Agreement and proposing the suitable measures in order to strength the co-operation between the Parties.
- 2 -The composition of national delegations to the Joint Commission will be defined in the ambit of the Defence Ministries.
- 3 -The Joint Commission will meet periodically, at the request of a Party, at least once a year, alternatively in Portugal or in Hungary, and proceed to the joint analysis of the Agreement implementation.
Article 6
Commitments of the Parties related to other international agreements
This Agreement will not affect the rights and obligations that both Parties are committed to due to agreements, treaties or international conventions.
Article 7
Duration and termination
- 1 -This Agreement is valid for a five years period and will be automatically extended for periods of two years, unless any of the Parties notifies the other of its intention to rescind it; the cessation will be effective six months after the notification to the other Party.
- 2 -In case of cessation, the Parties will carry on contacts in order to reach the best solution for the pending matters.
- 3 -The specific agreements signed in the terms of article 2 of the present Agreement, with or without a third Party intervention, will maintain their effectiveness and will be carried on in accordance with provisions of those agreements.
Article 8
Validity
This Agreement will be effective as soon as the Parties notify each other mutually, through diplomatic channels, of the completion of the required formalities in accordance with their national legislation.
Signed at Budapest, on 7 October 1996, in three authentic versions, in Portuguese, Hungarian and English languages, all being equally valid.
In case of differences in interpretation, the English version will prevail.
The Minister of National Defence of the Portuguese Republic:
António Manuel de Carvalho Ferreira Vitorino.
The Minister of Defence of the Republic of Hungary:
Keleti György.
(ver texto em língua húngara no documento original)