Este Acordo entrará em vigor na data da última notificação de cumprimento das formalidades exigidas para o efeito pela ordem jurídica de cada uma das Partes.
Assinado em Bucareste, em 10 de Julho de 1995, em duas cópias em língua portuguesa, romena e inglesa, todas fazendo igualmente fé.
Havendo divergências de interpretação, prevalecerá a versão inglesa.
O Ministro da Defesa Nacional de Portugal, António Jorge Figueiredo Lopes.
O Ministro da defesa Nacional da Roménia, Gheorghe Tinca.
(ver texto em língua estrangeira no documento original)
AGREEMENT BETWEEN THE MINISTRY OF NATIONAL DEFENCE OF PORTUGAL AND THE MINISTRY OF NATIONAL DEFENCE OF ROMANIA ON THE CO-OPERATION IN THE MILITARY FIELD.
The Ministry of National Defence of Portugal and the Ministry of National Defence of Romania, henceforth called «Parties»:
Reaffirming their devotion to the aims and principles of the United Nations Charter;
Recalling that the aims and principles of the Paris Charter for a New Europe, as well as the signature of the Treaty on Conventional Armed Forces in Europe by the European countries provides a new dimension to their relations;
Taking into account the commitments undertaken by the Conference on Cooperation in Europe to promote a larger openness and transparency for their military activities;
Aiming at implementing with consistency in their bilateral relations the provisions of the Vienna Document on Negotiations concerning the measures to strengthen Confidence and Security, adopted in 1992;
Considering the spirit of renewal shown by NATO with the NACC implementation and the developments through the Partnership for Peace;
Expressing their intention to promote the relations existing between them based on friendship and co-operation in the spirit of the the common statement of the Defence Ministers of our countries, signed on 25th of November 1993 in Bucharest and also of the final conclusions resulted from the visit in Portugal of the Romanian Defence Minister, in June 1994;
have agreed upon the following:
Article 1
Purpose of the Agreement
The purpose of this Agreement is to provide the co-operation between the Parties in the defence and military fields within the limits of their competencies stipulated by their national legislation.
Article 2
Fields of co-operation
The co-operation between the two Parties will be accomplished in the following fields:
- Defence and security policy;
- Defence and military legislation;
- Arms control and disarmament;
- Planning and budgeting;
- Topo-geodesy and hydrographic services responsabilities;
- Military history, publications and museums;
- Air traffic control;
- Peacekeeping and humanitarian operations;
- Armed forces organisation, within the fields of personnel, administration and logistics;
- Environmental issues and pollution control.
The activities mentioned in this Agreement can be extended or limited by mutual understanding between the two Parties.
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 might be concluded.
Article 3
Ways of implementing co-operation
The co-operation between the two Parties will be implemented in the following ways:
- Organization and performance of common activities within the Partnership for Peace;
- Official and working visits of delegations headed by top representatives of the two Parties;
- Exchanges of experience between the experts of the two Parties in various fields of activities;
- Participation with observers in military exercises;
- Exchange of technical, technological and industrial information and utilisation of the scientific, technical and industrial capacities of each one for development, production and commercial exchanges of materials and defence equipment, committed to fulfil both Parties needs;
- Contacts between similar military institutions;
- Exchange of lecturers and attendance to courses, seminars and symposiums organized by the Parties;
- Visits of warships and military aircraft within the legal framework of both Parties;
- Exchange of cultural and sports activities.
Article 4
Commitments of the two parties related to the protection of classified information
The standing personnel will comply with the regulations of each Party concerning the protection of classified information provided by the other Party during their co-operation.
All military classified information directly exchanged by the Parties and the information of common interest obtained by other means by each Party will be protected in accordance with the following principles:
- The recipient Party will not disclose the information to third Parties without the previous approval of the sending Party;
- The recipient Party will provide the same classification as given by the sending Party and consequently will take the necessary protection measures;
- The information will be used only for the purpose it was provided or obtained.
The rights for patents, royalties or commercial secret in the military field, of defence industries or others will be duly observed.
The information will be conveyed through official channels and only authorized personnel will have acess to it, taking into account that it only can be used to the purpose of the co-operation of the Parties.
Temporary or definitive reproduction, transfer or cession to third Parties of information, documents, equipment and technology produced in co-operation will require the written consent of the other Party.
Article 5
Joint Commission
In order to implement the provisions of this Agreement, the Parties decide to establish a Joint Commission in defence matters commited to the definition, development and following of co-operation activities, henceforth called Comission.
The Commission will meet as a rule once a year alternatively, in Portugal and in Romania and the dates of these annual meetings will be fixed by mutual agreement between the two Parties. The sessions of the Commission will be chaired by the chief of the host country delegation.
Those fields of activity that are to be discussed by the Commission will be defined by mutual agreement well in advance and the final agenda will be ready at least one month prior to the Commission meeting.
According with the provisions of this Agreement, the Parties undertake the commitment to conceive an annual co-operation programme.
Article 6
Financial aspects
All expenses for the standing personnel who is involved in co-operation missions according to the provisions of this Agreement will be covered on a reciprocal basis as follows:
- The recipient Party will bear the expenses for accomodation and food, transportation on its own territory, catering at the place of activity, as well as medical and dental services in emergency cases;
- The sending Party will bear the expenses for international transportation and any other expenses, except the above mentioned.
Article 7
Liability
Each Party is responsible to provide compensation for any damage to private property of another kind produced by the members of delegations during the implementation of the provisions of this Agreement.
Compensation will be provided in case of fraud or severe negligence of the other Party and will be mutually agreed.
Article 8
Settlement of disputes
Any dispute regarding the interpretation of the implementation of the provisions of this Agreement will be settled by the Parties, as soon as possible, by consultations between the Chiefs of the delegations within the Commission.
Article 9
Commitments of the Parties according to other international agreements
This Agreement will not affect the commitments resulting for each Party from other international agreements in which they are parties too, and is not against the security and the territorial integrity of other states.
Article 10
Amendments and changes
Each Party may propose amendments or changes to this Agreement at anytime and shall begin, with that finality, a process of consultation within the Commission in order to agree upon the suggested amendments or changes.
The agreed amendments and changes are integral part of this Agreement and shall come into force in accordance with the internal legal procedures of each Party.
Whenever one of the Parties is unable to comply with the provisions of this Agreement, the Parties will begin consultations within the Commission, in order to solve the problem.
Article 11
Duration and termination
This Agreement is concluded for a period of five years and will be automatically extended for periods of one year, unless any of the Parties will notify the other Party its intention to denounce of it, at least six months before the expiring period of validity.
In case of denounce, the Parties will carry on contacts in order to reach at the best solution for the pending matters.
Article 12
Text and signature
This Agreement will come into force on the date of the last notification on complying with the legal procedures of each Party.
Signed in Bucarest, on the 10th of July 1995, in two copies in Portuguese, Romania and English languages, all being equally authentic.
In case of differences in interpretation, the English version will prevail.
The Minister of National Defence of Portugal, António Jorge Figueiredo Lopes.
The Minister of National Defence of Romania, Gheorghe Tinca.