O presente Acordo entrará em vigor na data da sua assinatura.
Feito em Bona, em 17 de Setembro de 1981, em duplicado, nas línguas portuguesa, alemã e inglesa, sendo os 3 textos autênticos. Em caso de divergência de interpretação dos textos português e alemão, prevalecerá o texto inglês.
Pelo Governo da República Portuguesa:
(Assinatura ilegível.)
Pelo Governo da República Federal da Alemanha:
(Assinatura ilegível.)
Agreement between the Government of the Federal Republic of Germany and the Government of the Portuguese Republic Concerning German NATO Defence Aid.
The Government of the Federal Republic of Germany and the Government of the Portuguese Republic:
In the spirit of the friendship and mutual assistance fostered among the States united in the North Atlantic Treaty Organization;
Desiring to increase the defence capability of the Portuguese Republic;
In accordance with article 3 of the North Atlantic Treaty,
have agreed as follows:
ARTICLE 1
The Government of the Federal Republic of Germany shall grant to the Government of the Portuguese Republic defence aid in the amount of DM 45 millions.
ARTICLE 2
- 1 -This defence aid shall be afforded in the form of materiel supplies and services on a non-reimbursable basis.
- 2 -80% of the value of the defence aid under the present Agreement shall consist of new materiel and 20% of materiel made available from surplus stocks of the German Federal Armed Forces.
The materiel to be newly procured shall be specified by agreement between representatives of the German and Portuguese Governments. The lists of surplus materiel as are mutually agreed upon in respect of the envisaged supplies may, if necessary, be informally amended by mutual consent.
- 3 -The Government of the Federal Republic of Germany shall endeavour to execute deliveries as quickly as possible.
ARTICLE 3
- 1 -The materiel shall be delivered CIF portuguese port in accordance with Incoterms 1953.
- 2 -The cost of transportation to be made under the german flag as well as other incidental costs involved in the deliveries shall be debited against the amount mentioned in article 1 of the present Agreement. It shall be accounted for against the relevant proportionate amount pursuant to paragraph 2 of article 2 of the present Agreement.
- 3 -Any charges shall be borne by the Government imposing them.
ARTICLE 4
- 1 -The prices charges for materiel to be newly procured shall be those which the Federal Ministry of Defence of the Federal Republic of Germany has to pay for supplies to the German Federal Armed Forces under the same conditions.
The conclusion of supplier contracts shall preclude the payment of commission fees of any kind to agents.
- 2 -The prices of materiel supplies from stocks of the German Federal Armed Forces shall be as indicated in the jointly prepared lists.
- 3 -The Contracting Parties shall ensure that the prices and costs of materiel supplies shall not be made known to third parties.
- 4 -No administrative surcharges shall be levied.
ARTICLE 5
- 1 -If the final accounts for the supplies delivered under the present Agreement show that the value of these supplies, including incidental expenses, exceeds the amount mentioned in article 1 of the present Agreement, the Government of the Portuguese Republic shall reimburse the Government of the Federal Republic of Germany for the excess amount.
The modalities of reimbursement shall be determined in due course by mutual agreement.
- 2 -If the final accounts show that the value of the German services and supplies made within the framework of the present Agreement amounts to loss than the total amount of DM 45 millions, additional materiel to the value of the remaining amount shall be supplied under a special arrangement.
ARTICLE 6
- 1 -The materiel to be supplied shall be subject, free of charge, to quality controls in accordance with german regulations by the quality controls service of the Federal Ministry of Defence of the Federal Republic of Germany.
- 2 -At the request and at the expense of the Government of the Portuguese Republic, portuguese government representatives may be called in for the acceptance inspections. Decisions regarding the acceptance of materiel thall lie with the german quality control service.
ARTICLE 7
The materiel to be supplied in accordance with the present Agreement shall become the property of the Portuguese Republic on the date on which the appropriately endersed original bills of lading are harded over. Materiel taken over by authorized agents of the Government of the Portuguese Republic in the Federal Republic of Germany shall become the property of the Portuguese Republic on the date on which it is taken in possession.
ARTICLE 8
The Government of the Federal Republic of Germany shall arrange in respect of materiel to be newly procured the warranty provisions, normally applicable to the German Federal Armed Forces. It shall, if necessary and where possible, assist the Government of the Portuguese Republic in enforcing its claims.
ARTICLE 9
German agencies or the manufacturers shall, where necessary and possible, instruct portuguese personnel in the Federal Republic of Germany in the use of the materiel to be supplied under the present Agreement. They shall also provide the regulations and instructions required for the use of such materiel, in so far as they are available. The details shall be subject to a special arrangement. The cost of training portuguese personnel in the Federal Republic of Germany shall be debited against the amount mentioned in article 1 of the present Agreement and accounted for against the relevant proportionate amount pursuant to paragraph 2 of article 2 of the present Agreement.
ARTICLE 10
The weapons and equipment which the Government of the Federal Republic of Germany shall deliver to the Government of the Portuguese Republic under the present Agreement shall be used by the Portuguese Armed Forces exclusively in accordance with article 5 of the North Atlantic Treaty.
ARTICLE 11
The present Agreement shall enter into force on the day of signature thereof.
Done at Bonn on September 17, 1981, in duplicate, in the german, portuguese and english languages, all three texts being authentic.
In case of divergent interpretations of the german and portuguese texts, the english text shall proveil.
For the Government of the Federal Republic of Germany:
(Assinatura ilegível.)
For the Government of the Portuguese Republic:
(Assinatura ilegível.)
(ver documento original)