Νόμος 3081/2002

Άρθρο 16 Τελικές διατάξεις

1) Η παρούσα Συμφωνία θα τεθεί σε ισχύ την ημερομηνία της τελευταίας γνωστοποίησης με την οποία το ένα Συμβαλλόμενο Μέρος πληροφορεί το άλλο σχετικά με την ολοκλήρωση των σχετικών εσωτερικών διαδικασιών.

2) Η παρούσα Συμφωνία συνάπτεται για αόριστη χρονική περίοδο. Καθένα από τα Συμβαλλόμενα Μέρη μπορεί να καταγγείλει γραπτώς την παρούσα Συμφωνία. Η παρούσα Συμφωνία θα λήξει σε έξι μήνες από την ημερομηνία κατά την οποία ένα από τα Συμβαλλόμενα Μέρη θα λάβει σχετική διακοίνωση για την απόφαση λήξης της.

3) Η λήξη της παρούσας Συμφωνίας δεν θα επηρεάζει την εκπλήρωση των υποχρεώσεων που είχαν αναληφθεί κατά τη διάρκεια ισχύος της, εκτός εάν έχει συμφωνηθεί διαφορετικά από τα Συμβαλλόμενα Μέρη.

Έγινε στη Βαλέττα, την 24η Μαΐου 2001 σε δύο (2) πρωτότυπα, το καθένα στην ελληνική και αγγλική γλώσσα, κείμενα που είναι εξίσου αυθεντικά. Σε περίπτωση διαφοράς σχετικά με την ερμηνεία του κειμένου της παρούσας Συμφωνίας, το αγγλικό κείμενο θα υπερισχύει.

Για την Κυβέρνηση Για την Κυβέρνηση

της Ελληνικής Δημοκρατίας της Μάλτας

(υπογραφή) (υπογραφή)

Παράρτημα *

για τα άρθρα 9 και 10 της Συμφωνίας μεταξύ της Κυβέρνησης της Ελληνικής Δημοκρατίας και της Κυβέρνησης της Μάλτας στον τομέα της πολιτικής προστασίας

^: Το Παράρτημα συμπληρώνεται στην ελληνική και αγγλική γλώσσα.

Σελίδα 3

Κατάσταση*)

για εισαγωγή, εξαγωγή και διακίνηση των Υλικών Υποστήριξης

ΔΕΙΓΜΑ

Ονομασία εκδότριας αρχής Τόπος και ημερομηνία έκδοσης

1) Τα Υλικά Υποστήριξης περιλαμβάνουν τα ακόλουθα:

Περιγραφή Είδος Τύπος Αριθμός τεμαχίων

των απαρτίων των Υλικών Υποστήριξης

1)

ΦΕΚ 315

The Government of the Heiiwric Republic and the Government of Malta, hereinafter referred it as ^Contracting Parties*,

Having decided to strengthen the traditional friendly relationships between the two nations,

Recognizing that cooperation in the field of civil protection, prevention and management of emergencies and major accidents shall contribute to the safety and prosperity of both States,

Mindful of the enormity of the consequences caused to both countries in the case of emergencies,

Taking into account that the exchange of scientific and technical information in the field of prevention and management of emergencies is of mutual interest,

Mindful of the interdependence of the ecological systems of the two countries, which require the appropriate policy both in the field of protection and the field of prevention and management of environmental disasters,

Being convinced that the prevention and management of emergencies and major accidents which extend beyond the state borders, require mutually agreed actions,

Bearing in mind the possibility of occurrence of emergency states and major accidents that cannot be eliminated by the Contracting Parties' own means and resources and, hence the need of coordinated actions by both Contracting parties aiming to the prevention and management of emergencies

Taking into account the role of the United Nations and the other international organizations in the field of prevention and management of emergencies and respecting the international conventions concluded within the framework of the aforementioned international organizations and which fall into the subject of the present Agreement,

Have agreed as follows:

Article 1. Definitions

The terms used in this Agreement shall have the following meanings:

«Requesting Contracting Party» means the Contpa^l^5^^fj\ that requests from the other Contracting Party to sq^^rtiUpijotf the provision of assistance, equipment and supportioralerfals. Ν

^Providing Contracting Party* means the Contracting Party responding to the request of the other Contrar*-',g Party

«Competent Authority* means an authority designateo by each Contracting Party to forward the request for the provision of assistance and make decision on the Provision of Assistance, also entrusted with the coordination of the activities derived from the application of the present Agreement.

^Provision of Assistances means assistance provided to the Requesting Contracting Party by the Providing Contracting Party to eliminate the consequences of natural and technological disasters and major accidents, as well as for the rescue, by sending the required experts and by rendering services and providing materials and goods.

«Assistance Providing Team» means experts or a group of experts sent by the Providing Contracting Party, including the members of Civil Protection or other organizations selected by the Providing Contracting Party for the Provision of Assistance and having sufficient background and all the required means.

«Emergency State and Major Accident* means a state at a particular area or installation caused by a destructive natural phenomenon or human activity, causing damages or threatening to a significant degree the life or even the health of people, the material goods or the environment.

«Prevention of Natural and Technological Hazards* means a set of measures taken in advance to eliminate the consequences of a probable natural and technological risk.

«Emergency Area* means an area where an Emergency or a Serious Accident has occurred.

«Emergency Rescue Actions* means ail the actions taken in the case of an emergency or a major accident to rescue people, protect the health of population and eliminate the environmental, cultural and material losses, as well as the resulted consequences

«Equipment» means the required for the Provision of Assistance materials, the technical and transport means, the equipment of the Assistance Providing Group and the required for the function materials, the rescue dogs, as well as the personal primary necessities of the persons participating in the-,Provision of Assistance. /{-/.-V S.\-> A

«Support Materials* means the support materials needed;to eliminate the consequences of natural and techn0i^ic~a7,-and.

;Maior" accidents situations and i*uended for distribution free of. _cnarge to the population suffering in an emergency situation.

♦(Transit States means the state of one of the Contracting Parties, through whose territory the Assistance Providing Groups -pass or transport on behalf of a third country Support Materials jr Equipment for the Provision of Assistance.

Article 2. Competent Authorities'

1) The Contracting Parties shall designate the following Competent Authorities :

- For the Government of the Hellenic Republic : The Ministry of Interior, Public Administration and Decentralization ' General Secretariat of Civil Protection

- For the Government of Malta : The Ministry of Home Affairs

2) The Competent Authorities of the Contracting Parties shall notify to each other the organizations or the persons designated by them for further contacts, the latest within thirty (30) days from the date the present Agreement shall enter into force.

3) During the application of this Agreement the Competent Authorities shall be in direct contact and notify to each other on a regular basis the names and addresses of their contact persons.

4) The Contracting Parties shall ensure the continuous operation of the Competent Authorities and the contact organizations. The Contracting Parties shall notify each other within 30 days in written form on designation of any change related to the Competent Authority or the contact organizations.

Article 3. Fields of cooperation

1) The cooperation within the framework of the present Agreement shall include the following:

• The hazard assessment of the natural and technological risks, the elimination of their consequences, the organization and operation of an emergency management system.

• the evaluation of pollution caused by major accidents to the environment and population.

• the mutual assistance to the provision of technical equipment and facilities, the joint programming and the conduct of activities related to the prevention and management of an emergency, the conduct of common exercises,

• the organization of the information to the public in order to increase the concept of self-protection in cases of emergency, including the training of the public in the provision of firsf-ajd,

• the joint organization of conferences, visits for'T'educational purposes, scientific programs and seminars, the cooperation of

educational institutions,

• the transfer of knowledge, technology and relative educational

material,

• the joint preparation of publications and exhibitions,

• the exchange of trainers and trainees, scientists and experts

• the meetings of the Competent Authorities from both the Contracting Parties.

2) The Contracting Parties shall apply accordingly the regulations of the present Agreement regarding the fields of cooperation of paragraph (1} and especially about the joint exercises.

Article 4. Cooperation with international and national

organizations

The Contracting Parties may request and promote by any possible means the cooperation between all the involved international and national organizations, institutions, natural and legal persons acting in the field of prevention and management of emergencies and major accidents.

Article 5. Joint Commission

1) For the implementation of the present Agreement, the Competent Authorities of the Contracting Parties shall form a Joint Commission for cooperation in the field of prevention and management of emergencies and major -accidents. They shall determine the number of the members and its duties and shall approve the procedure of its works, which shall include its special rules of procedure. The rules of procedure include also the procedure and the way of cooperation, as defined in the present Agreement, including the exchange of information.

2) The Joint Commission shall meet as occasion serves, after consultation between the Competent Authorities, alternatively in the territories of Hellenic Republic and Malta.

Article 6. Terms of representatives' reception

All the subsistence expenses of the officials and other representatives of the Providing Contracting Party shall be covered by the Requesting Contracting Party, including domestic travel expenses, unless otherwise stipulated between the Contracting Parties. Expenses for the transport to and from the territory of the Requesting Contracting Party shall be, the Providing Contracting Party.

Article 7. Request for the Provision of Assi!

exchange of information

1) in case of emergency and serious accident,

Competent Authorities of the Contracting Parties are entitled to - ask for assistance.

2) Assistance shall be provided to the Requesting Contracting Party upon request. The Requesting Contracting Party shall give information about the place, the time, the nature, the extent and other parameters concerning the emergency or'major accident. The Requesting Contracting Party shall give additional information about the actions already taken and the actions planned'to be taken, the kind of the requested assistance and the priorities in the provision of assistance.

3) The Competent Authority of the Providing Contracting Party shall decide about the provision of assistance as soon as possible and shall inform the Requesting Contracting Party of the possibilities, the terms and the extent of the immediate Provision of Assistance.

Article 8. Way, coordination and management of Assistance Provision

1) Assistance may be provided by sending Assistance Providing Groups, Equipment and Support Materials, as well as by giving the necessary information and experiences.

2) In the territory of the Requesting Contracting Party the works of urgent rescue, the management of emergencies and major accidents and the Provision of Assistance to the population involved shall be managed and coordinated by agencies and persons which are authorized according to the legal rules of that Contracting Party.

3) Orders to the Assistance Providing Group of the Providing Contracting Party shall be given only through the leader of the group.

4) The Competent Authority or the authorized agency of the Requesting Contracting Party shall Inform the leaders of the Assistance Providing Groups at the place of emergency or the serious accident about the course of the situation, shall determine the work procedure and, if necessary, shall procure to these groups translators and other required facilities and means.

5) The Requesting Contracting Party shall take care of the safety of the Assistance Providing Groups, shall ensure free medical treatment of immediate priority, supplying with food, accommodation and primary necessities, if the supplies of such groups have run out. With reference to groups, sufficiency of supplies for 72 hours should be secured.

6) The Requesting Contracting Party shall take care^-e^^the unimpeded reception of the support materiais_y^<faa%7r{h^r distribution free of charge exclusively to the sufferin^;|3'g^trrai^^\^rⁱ

7) The Contracting Parties undertake the obiigaticrAb/assist ako\^: secure, upon a request and in accordance with |fh|tter-ms: ajiSl conditions of the present Agreement, the uηim^^d^p^^rn^' through their territory of the Assistance Providing^GrwpV; the_y

Equipment and the Support Materials, since either of the Contracting Parties happens to be a Transit State.

Article 9. Procedures of crossing the borders for the Assistance Providing Groups and status of their stay in the territory of the Requesting Contracting Party. '■"■·

DThe members of the Assistance Providing Groups shall cross the slate borders of the Requesting Contracting Party through the border check points open for international communication, by using valid passports, and may "stay in the territory of the Requesting Contracting Party without visa and stay permit.

2) The leader of the Assistance Providing Group should be equipped with an authorization in writing issued by the Competent Authority or the authorized body of the Requested Contracting Party, mentioning the names of the members of the group. A pattern of the written authorization is attached to the Annex of the present Agreement.

3) During their stay in the territory of the Requesting Contracting Party, the members of the Assistance Providing Groups shall be obliged to respect the laws of that State.

4) The members of the Assistance Providing Groups are entitled to wear their uniform in the territory of the Requesting Contracting Party, since such uniform belongs to their usual equipment in the territory of the Requested Contracting Party. The Contracting Parties do not restrain the use of the distinctive signs on the vehicles of the Assistance Providing -Groups of the other Contracting Party.

5) The Contracting Parties shall secure all that mentioned in paragraphs (1) - (4) also in the event that either of the Contracting Parties is a Transit State. The Competent Authorities shall inform timely each other of the necessity of passing through and agree upon the procedure and the way of its conduct, giving, if necessary, an official escort to the Assistance Providing Groups.

Article 10. Import, export and transport through the state borders of Equipment and Support Materials

1)The Contracting Parties shall facilitate the transport of Equipment and Support Materials through their state borders according to the following terms and conditions :

a) When crossing the borders, the leader of the Assistance Providing Group shall be obliged to submit to the customs authority of the Requesting Contracting Party a seperaTe^fis^of the equipment required for the activity of the. groug.^an^^a separate list of the goods transported as support" r.ateifi^. These lists shall constitute a part of the written authorization and;.¹ relevant patterns of them are attached to the;' Annex^f/tfie. present Agreement. °^v "**'"

b) If a part of the Support Materials consists of pharmaceutical specialties containing narcotic and psychotropic substances, a separate detailed list shall be prepared' for these articles. This list shall be sent to the national authority accredited by the International Narcotics Control Board of the United Nations¹ (UN INCB). The Competent Authorities of both Contracting Parties shall act in accordance with the relevant recommendation² :of the World Health Organization of the United Nations ³ and shall inform the International Narcotics Control Board of the United Nations (UN International Narcotics Control Board).

2) While providing the assistance the Assistance Providing Groups are allowed to import and export apart from the trip supplies, only the Equipment and the Support Materials.

3) The Equipment and the Support Materials which are transported through the state borders are not subject to the prohibitions and restrictions concerning the transport of commodities. It is self-evident that only products whose maintenance period has not expired are allowed to be used as Support Materials.

4) The Support Materials and Equipment shall be exempted - on the condition of the confirmation that their use is in compliance with their destination - from duties, taxes and other financial charges applied to the import or export of goods.

5) As far as the cars of the Assistance Providing Groups and the other vehicles transporting the Support Materials are concerned, the Contracting Parties shall not ask for international road transport licenses and such vehicles shall be exempted from the charges of any nature imposed to the vehicles in general.

6) The unused Support Materials and the Equipment which was not finally used or destroyed, should be transported within thirty (30) days the latest to the territory of the Providing Contracting Party.

7) In the event that some pieces of the Equipment shall remain in the territory of the Requesting Contracting Party as Support Materials, a relevant statement should be submitted immediately to the competent customs Authority of the Requesting Contracting Party, which should contain the quantity, the kind and the place of stay of the not re-exported articles, and at the same time the Competent Authority of the Requesting Contracting Party should be informed accordingly. The pieces of the Equipment which shall remain in the territory of the Requesting Contracting Party according to the above mentioned procedure shall be governed by the law provisions in force of the Requesting Contracting Party.

8) In the event that, within the framework of Assistance Providing, pharmaceutical specialties shall be transported into the territory of the Requesting Contracting Party, the below regulations shall apply: -· ~i . .

¹ UN International Narcotics Control Board (UN INCB) - " ■'

² Model directives for the international administration of controlled drugs in the urgent medicare (II February 1977).

³ UN World Health Organization (UN WHO)

ΦΕΚ 315

9) a) The regulations of para. (3) and (6) shall apply accordingly to the pharmaceutical specialties containing narcotic and psychotropic substances.

b) Such specialties₍ are allowed to be imported only in quantities required for urgent medical help and are allowed to be used only by specialized medical staff, in accordance with the relevant

, health provisions of the state of the Requested Contracting Party.

c) With reference to used pharmaceutical specialties 'containing narcotic or psychotropic substances, the certificate of their use should be produced to the Customs Authority of the Requesting Contracting Party, signed by the doctor of the Assistance Providing Group and certified by the representative of the Competent Authority of the Requesting Contracting Party.

d) The import and export of the above specialties shall not be considered by the Contracting Parties as import and export of goods in the meaning of the international conventions about narcotic and psychotropic substances binding the Contracting Parties.

10) The import of arms, munitions and explosive materials into the territory of the Requesting Contracting Party is prohibited, except for the explosive materials of industrial use, required for the Provision of Assistance.

11) The Competent, according to the legislative regulations of the Requesting Contracting Party, Authorities are entitled to control the use and storage of the equipment and the materials mentioned in paragraphs (3) - (7).

12) That mentioned in para. (1) - (9) shall apply also to cargos under transit.

13) The Requesting Contracting Party shall give the possibility of cleaning from chemical and radioactive substances and disinfection of equipment. In the event that such cleaning is not attainable, the equipment shall remain in the territory of the Requesting Contracting Party.

Article 11. Use of aircraft

1) The Contracting Parties may approve, for the Provision of Assistance provided for in paragraph (1) of article 8 of the prbseru Agreement, - according to the terms and conditions of para. 2- the use and transit, as well as the take-off and landing of aircrafts of the other Contracting Party in their territory, by a simplified procedure for crossing the borders and customs clearance, by the application of the terms of Articles 9 and 10 of the present Agreement.

2) The flight plan (including the description of the cap^fiTfathe aircrafts which shall be used for the provision of as^is^f^^^beW be submitted to the competent authority in compp^^^mthM^ legislative regulations and the technical rules pj%/j/he^vip \η"β· national Aeronautical Information Publication IaAJN^S^'' jlj? Contracting Parties, with reference to the present ^rw^rnejTp/ /

f3)The flights shall be carried out according to the rules published ^v in the national Aeronautical Information Publication (AIP) of the

Contracting Parties, unless otherwise provided for in the present

Agreement.

Article 12. Expenses of Assistance Provision

1) The assistance shall be granted free of charge, in accordance with the provisions of the present' Agreement, unless otherwise stipulated by the Contracting Parties.

2) The Providing Contracting Party shall be exempted from expenses for the flight, landing, stationing at the airport, take-off and radionautical services concerning the assistance providing aircraft.

3) In case of use of aircrafts, the matters concerning the reimbursement for the fuels and the maintenance of the aircraft, with reference to flights intending to the provision of assistance, shall be dealt with by the Competent Authorities of the Contracting Parties as the case may be.

Article 13. Damages

1) The Contracting Parties waive mutually any legal claim for compensation concerning material damages, including the damages to the natural environment, caused by a member of the Assistance Providing Group at the discharge of his duties related to the application of the present Agreement, and shall waive, also, any claim for compensation concerning personal injury or death of a member of that group, since such personal injury or death were caused at the discharge or due to the discharge of the duties deriving from the present Agreement.

2) in the event that a member of the Assistance Providing Group of the Providing Contracting Party causes damage to third persons within the territory of the Requesting Contracting Party, at the discharge of duties related to the application of the present Agreement, the Requesting Contracting Party shall bear the responsibility, according to the domestic legislative regulations concerning the damages caused by its own Assistance Providing Group.

3) The provisions of para. (1) - (2) shail not apply in cases of damages caused deliberately or due to a serious negligence.

4) The responsibility for compensation provided for in the present Article applies also to damages caused by the Assistance Providing Groups from the moment of their entry into tj-je^erritory of the Requesting Contracting Party up to their deparf^e^-'

5) The Competent Authorities shall cooperate clos^j^i^f<je'rito facilitate the approval of the claims for compenfea'fi'PB^ ToXtftis^ end, they shall give mutually any information wf^^h'they maiyj have about the conditions under which the damag^frp^urred. /"/-'

6} The Contracting Parties shall apply mutatis^jflTaiarrdis^ tfVe

provisions of the present article also in the event that either of the Contracting Parties is a Transit State.

Article 14. Use of information

The information obtained as a result of the activities covered by the present Agreement, shalTnot be divulged to third parties without the prior consent of the Contracting Party from which they originate, subject to the legislative provisions of the Contracting Parties, and shall not be published without the prior written consent of the Competent Authorities of the Contracting Parties.

Article 15. Settlement of disputes

All the disputes which may arise from the interpretation and application of the present Agreement shall be settled by negotiations between the Competent Authorities of the Contracting Parties.

Article 16. Final provisions

1) The present Agreement shall enter into force on the date of the latest notification by which a Contracting Party informs the other about the completion of its relevant internal procedures.

2) The present Agreement is concluded for an indefinite time period. Either of the Contracting Parties may denounce in writing the present Agreement. The present Agreement shall expire six months after the date when either of the Contracting Parties shall receive a relevant note about the decision for its termination.

3) The termination of the present Agreement shall not affect the fulfillment of the obligations undertaken during its validity, unless otherwise stipulated by the Contracting Parties.

Done at \ιΓλ¥£{ΓΠΟοηΧ.^..Μ^2001 in two original copies, each in the Greek and English (languages, all texts being equally authentic. In case of any disagreement concerning the interpretation of the text of this Agreement, the English text will prevail.

For the Government of the Hellenic Republic

For the Government of Malta

Authorization PATTERN

Place and date of issue

Name of the Competent Issuing Authority

it is hereby certified that Mr.................................. is the leader/

individual expert * of the Greek /Maltese Assistance Providing Group participating in the provision of assistance carried out in

the area..........

According to the Agreement between the Government of Hellenic Republic and the Government of Malta about mutual Provision of Assistance in the field of prevention and elimination of the consequences of natural and technological disasters and major accidents and on the basis of the present instrument, the Assistance Providing Group :

- is allowed to pass through the state borders and stay in the territory of Hellenic Republic /Malta *

- is allowed to pass through (transit) the territory of Hellenic Republic / Malta *.

The Greek / Maltese* Assistance Providing Group consists of .....

persons.

The members of the group are the following :

D

Signature of the Head of the Competent Approving Authority'

* One of them is deleted as the case may be

*** The instrument is signed by the head of the authority determined in para. (1) or (2) of Article 2 of the Agreement.

Άρθρο δεύτερο

Τα Πρωτόκολλα - Πρακτικά που καταρτίζονται από τη Μικτή Επιτροπή του άρθρου 5 της Συμφωνίας που κυρώνεται, εγκρίνονται με κοινή πράξη των αρμόδιων κατά περίπτωση Υπουργών.

Άρθρο τρίτο

Η ισχύς του παρόντος νόμου αρχίζει από τη δημοσίευσή του στην Εφημερίδα της Κυβερνήσεως και της Συμφωνίας που κυρώνεται από την πλήρωση των προϋποθέσεων του άρθρου 16 παρ. 1 αυτής.

Παραγγέλλομε τη δημοσίευση του παρόντος στην Εφημερίδα της Κυβερνήσεως και την εκτέλεσή του ως νόμου του Κράτους.

Αθήνα, 10 Δεκεμβρίου 2002

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΚΩΝΣΤΑΝΤΙΝΟΣ ΣΤΕΦΑΝΟΠΟΥΛΟΣ

ΟΙ ΥΠΟΥΡΓΟΙ

ΟΙΚΟΝΟΜΙΑΣ ΚΑΙ ΟΙΚΟΝΟΜΙΚΩΝ ΕΞΩΤΕΡΙΚΩΝ

Ν. ΧΡΙΣΤΟΔΟΥΛΑΚΗΣ Γ. ΠΑΠΑΝΔΡΕΟΥ

ΕΣΩΤΕΡΙΚΩΝ, ΔΗΜΟΣΙΑΣ ΔΙΟΙΚΗΣΗΣ ΚΑΙ ΑΠΟΚΕΝΤΡΩΣΗΣ ΥΓΕΙΑΣ ΚΑΙ ΠΡΟΝΟΙΑΣ

Κ. ΣΚΑΝΔΑΛΙΔΗΣ Κ. ΣΤΕΦΑΝΗΣ

ΔΙΚΑΙΟΣΥΝΗΣ ΜΕΤΑΦΟΡΩΝ ΚΑΙ ΕΠΙΚΟΙΝΩΝΙΩΝ

Φ.ΠΕΤΣΑΛΝΙΚΟΣ Χ. ΒΕΡΕΛΗΣ

ΔΗΜΟΣΙΑΣ ΤΑΞΗΣ

Μ. ΧΡΥΣΟΧΟΪΔΗΣ

Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους Αθήνα, 11 Δεκεμβρίου 2002

Ο ΕΠΙ ΤΗΣ ΔΙΚΑΙΟΣΥΝΗΣ ΥΠΟΥΡΓΟΣ

Φ. ΠΕΤΣΑΛΝΙΚΟΣ

ΑΠΟ ΤΟ ΕΘΝΙΚΟ ΤΥΠΟΓΡΑΦΕΙΟ