Νόμος 3248/2004

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3248

Κύρωση της Συμφωνίας μεταξύ του Υπουργείου Εθνικής Άμυνας της Ελληνικής Δημοκρατίας και του Υπουργείου Άμυνας της Δημοκρατίας της Βουλγαρίας για τη συμμετοχή στο Πολυεθνικό Κέντρο Εκπαίδευσης Επιχειρήσεων Υποστήριξης της Ειρήνης (Π.Κ.Ε.Ε.Υ.Ε.).

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Εκδίδουμε τον ακόλουθο νόμο που ψήφισε η Βουλή:

Άρθρο πρώτο

Κυρώνεται και έχει την ισχύ, που ορίζει το άρθρο 28 παρ. 1 του Συντάγματος, η Συμφωνία μεταξύ του Υπουργείου Εθνικής Άμυνας της Ελληνικής Δημοκρατίας και του Υπουργείου Άμυνας της Δημοκρατίας της Βουλγαρίας για τη συμμετοχή στο Πολυεθνικό Κέντρο Εκπαίδευσης Επιχειρήσεων Υποστήριξης της Ειρήνης (Π.Κ.Ε.Ε.Υ.Ε.) που υπογράφηκε στις Βρυξέλλες στις 12 Ιουνίου 2003, της οποίας το κείμενο σε πρωτότυπο στην αγγλική και σε μετάφραση στην ελληνική γλώσσα έχει ως εξής:

AGREEMENT BETWEEN THE MINISTRY OF NATIONAL DEFENCE OF THE HELLENIC REPUBLIC AND

THE MINISTRY OF DEFENCE OF THE REPUBLIC OF BULGARIA FOR PARTICIPATION IN THE MULTINATIONAL PEACE SUPPORT OPERATIONS TRAINING CENTER (MPSOTC)

The Ministry of National Defence of the Hellenic Republic from now on called the "Host Nation" and the Ministry of Defence of the Republic of Bulgaria from now on called the "Party".

Reaffirming their dedication to the purposes and principles provided by the United Nations charter.

Assuming that development of mutual cooperation, will contribute to the stability of the wider region and will help to improve the good relations between the countries.

Knowing that the politico - military cooperation constitutes the basic element to enhance the UN capabilities in security and peace -keeping.

Confident that there must be a further development in the cooperation and the dialogue between the countries in PSO issues.

Wishing to contribute in the enhancement of training and interoperability of the armed forces of the two countries, according to the new operation requirements of the Peace Support Operations.

Have agreed as follows:

ARTICLE 1 PURPOSE

The basic aim of the Multinational Peace Support Operation Training Center (MPSOTC), is to improve training according to the new operations requirements of Peace Support Operations (PSO), and to provide the appropriate venue for exchanging ideas and experiences regarding PSOs issues.

ARTICLE 2 PRINCIPLES

1. The Host Nation undertakes the obligation to provide for the required installations / facilities, the appropriate infrastructure for Communications and information Systems Support, as well as the necessary Logistic and Host Nation Support, for the unimpeded function of the Center and fulfillment of its mission.

2. The Host Nation and the Party assure that the MPSOTC activities are in accordance with the purposes and principles of UN.

3. The participation in the MPSOTC activities is not directed against any other state, and it does not intend to train personnel or military force against any other country or group of countries.

4. Training offered by MPSOTC will be transparent. The Academic Calendar will be promulgated in time, according to article 5 par. 3, to the Party and to the International Organizations.

5. The Center activities are in accordance with the EAPC founding principles and are also included in the framework of PfP, and will help the training of individuals and units of the Party participating in PSOs conducted by international organization in accordance with the international law.

6. This Agreement will not affect in any way the rights and obligations of the Host Nation and the Party, deriving from treaties and agreements to which they are parties.

7. The Host Nation retains the full right to start discussions and Sign other bilateral Agreements of similar nature with other countries or international organizations. The Party will be promptly informed upon the signature of such Agreement.

8. English will be the working language of the Center. Interpretation services might be available in other languages, after coordination, between the Host Nation and the country concerned.

ARTICLE 3 MISSION OF MPSOTC

1. The mission of the IvlPOSTC is το provide high-level theoretical and practical education and training, with comprehensive coverage of Peace Support Operations, to cadres (Staff Officers, Platoon Leaders, Company and Unit Commanders, Observers), as well as to multinational troops (Platoons - Companies - Units), according to current international standards (UN - OSCE - NATO - WEU).

2. The Center has the mission to provide the appropriate mission oriented pre-deployment training, on all relevant aspects of PSOs, to staff officers, military observers and national or multinational contingents, before their deployment for a specific mission, as well as to their replacements.

ARTICLE 4

ESTABLISHMENT - QRGANS2ATIQN - SUBORDINATION

1. MPSOTC is a tri-service establishment subordinate to the National Defence General Staff of the Host Nation.

2. The organizational chart of the Center is in ANNEXE A.

3. The Centers permanent Staff (both faculty and administrative) will be consisted of military (Army, Navy, Air Force), as well as civilian personnel.

4. The Host Nation will provide ail necessary military and civilian personnel, except of the following posts, which should be filled by international Personnel, after previous agreement, between authorized representative of the two Parties:

a. Staff Officer

b. Instructors

5. The Party maintains the right to withdraw its personnel from the center, after a timely notice to the Host Nation. This notice must be a formal written notification from the responsible authority of the Party provided to the Host Nation one (1) month in advance.

ARTICLE S TRAINING

The Host Nation will submit to the Party the academic Calendar of the Center of the next year by the end of October of each year.

ARTICLE S PROCEDURES

1. The necessary information concerning the size.of the participation (number of cadres or troops) and the procedures of transportation, armament clearance, during entrance and exit of the Host Nation state's territory, as well as other details will be provided by the responsible directorate of the Party, to the MPSOTC and to the Hellenic National Defence General Staff, to enable the Host Nation to plan for the reception and transportation from the entry point to the Center.

2. The information above shall be provided at least one month before the date of arrival, by sending "Joining Reports

3. The Party may dispatch to the Center for troop training organic platoons or companies-fuliy equipped and will coordinate with the Host Nation regarding the structure of its contingent, as well as the arrival, accommodation and departure details.

4. Leaves or days off are normally not authorized during the course, in emergency situations and after a written notification from the relevant authority of the Party, the Commandant of the Center can grant short leaves either for Greece or for the country of origin.

5. The trainees, during the course, have to wear either duty uniforms or field uniforms, as indicated in the course schedule.

6. Foreign trainees (military or civilians) should conform to the security regulations of the Host State's Armed Forces.

ARTICLE 7 LEGAL ISSUES

1. The legal status of the personnel of the Party while in Greece for purposes of the present Agreement shall be governed by the Provisions of the PfP SOFA (Agreement among the States Parties to the North Atlantic Treaty Organization and other States participating in the Partnership for Peace regarding the Status of their Forces), which was signed on June 19^th 1995.

2. The Commandant of the Center has the authority to issue orders, regarding the function of the Center, to all of his subordinates, as well as to all trainees. Ail personnel are to obey such orders, as long as they do not contradict their national laws and regulations.

3. Chain of Command and discipline within each national contingent are defined according to the national regulations of the country of origin.

4. The Center's official correspondence with the Party will be conducted through the designated Directorate of the Party.

ARTICLE 8 HOST NATION SUPPORT

1. Logistic support of the Center is a Host Nation responsibility.

2. Details of Host Nation support are defined in ANNbXE Β to the present Agreement.

3. The Host Nation is responsible to keep the Logistic and Administrative support platoon at the appropriate strength and readiness in order to provide the necessary support for the smooth function of the center.

ARTICLE 9 SETTLEMENT OF DISPUTES

Disputes arising from the interpretation or implementation of this Agreement shall be settled by direct consultations between the Host Nation and the Party, without recourse to outside jurisdiction.

ARTICLE 10 AMENDMENTS AND SUPPLEMENTS

1. Either the Host Nation or the Party has the right to propose written amendments and supplements to any article of the present Agreement.

2. These amendments and supplements shall come into force according to the procedure stipulated in art. 1't, par. \.

ARTICLE 11 ENTRY INTO FORCE

The present Agreement and its Annexes shall enter into force on the date of the receiving of the date of its signature.

ARTICLE 12 DURATION

This Agreement is valid for an indefinite period of time, unless the Host Nation or the Party decide otherwise.

1. The present Agreement may be terminated by the Host Nation or the Party at any time.

2. Either the Host Nation or the Party, which is interested in terminating the Agreement, snail send a written notification to the other party.

3. Termination shall take effect one month after the receipt of the above mentioned, written notification.

4. In case that there are financial matters or claims pending at the date of the termination, the present Agreement shall remain in force until the specific issues are definitely settled.

Signed in Brussels on 12 June 2003 two original copies in the English language.

FOR THE MINISTRY FOR THE MINISTRY

ARTICLE 13 TERMINATION

Yannos PAPANTONIOU Minister of National Defence

Minister of Defence

ANNEXES

"A" Organization Chart of the MPSO "B" Host Nation support

ΦΕΚ 119

ANNEX "Β" TO THE AGREEMENT

HOST NATION SUPPORT

1. PURPOSE

The purpose of this ANNEX is to establish the necessary details of HNS, which will be provided to the SN permanent personnel assigned to the Center and the SN trainees trained to the Center.

2. AIM AND GENERAL ARRANGEMENTS

a. The Host Party is responsible for providing infrastructure and facilities for the operation of the Center.

b. The Hosi Parry will ensure the Host Nation Support tc the Dermanen* personnel of the Party for the duration of their stay.

3. HOST PARTY RESPONSIBILITIES

Greece as Host Party for the operation of the Center will provide free of charge the following:

a. Infrastructure

(1) Office with the appropriate equipment and firrniture

(2) Teaching - labor rooms with the necessary training equipment

(3) Auxiliary rooms (library-recreation room)

(4) Sports fields.

(5) Training fields.

b* Services

(1) Medical support of role 1-4 will be provided to the permanent personnel and their dependents under the same conditions as ft is provided to HN's military personnel and their dependents. When SN wishes the medevac of a member of its personnel on its territory or to another country for hospitalization, can do that with its own responsibihty and expenses.

(2) Dental care will be provided in urgent situations and not for chronic troubles, under the same conditions as in art. 3 b (1).

(3) Postal service.

(4) Telephone communications - FAX - Internet connection will be provided to satisfy official service needs.

(5) Banking Exchange.

(6) Courtesies (Plaques - souvenirs - ceremonies - cultural activities - tours).

(7) The trainees will be accommodated without charge in an apartment, rent by the Host Party, or in of BOQ's in the Center when constructed.

(8) Food full board without charge is offered for the trainees.

c. The Party may submit any additional requirements of Host Nation Support different from those defined in this Annex, which will be considered, but the cost will be born by the Party.

d. Other Facilities

The entrance and use of the Officer's Mess, Seaside Resorts and Commissary is permitted under the same conditions as it is provided to Host Party military personnel and their dependents.

e. Transportation

The Host Party will provide the following transportation:

(1) Domestic Transportation support (from the points of entry in Greece to the Center and vice versa).

(2) Transportation from the Center to the training fields and vice-versa.

(3) Transportation for participation in official cultural activities, visits to museums and archeological sites.

(4) Transportation to hospital if needed.

4. RESPONSIBILITIES OF THE PARTY:

a. The personnel of the Party have to respect the laws of the Host Party as well as the culture, customs and traditions of hs population.

b. The personnel of the Party shall be respectful to the Host Party environmental regulations.

5. ASSIGNMENT OF PERMANENT PERSONNEL:

a. The assignment will be done after consultation between the Party and the Host Party.

b. The Party will send to the appropriate directorate of the Hellenic National Defence of the Host Party an "Assignment Letter of Intent" which will include:

(1) Name - Rank

(2) Curriculum vitae (CV)

(3) The time period of the assignment.

c The Hellenic National Defence General Staff of the Host Party within ten (10) working days after the receipt of the Party letter will send back a letter accepting the assignment.

d. A week after the completion of letter exchanging the Party personnel may report to the Center.

6. FINANCIAL CONSIDERATIONS:

The salary of the permanent personnel will be paid by the Part}'".

7. DISCLOSURE OF INFORMATION

a. Information provided in confidence between the Parties will either retain its original classification or be assigned a classification that will ensure a degree of protection against disclosure.

b. Each Party will take all lawful steps to keep free from disclosure all confidential information exchanged under this agreement.

c This agreement will be given an appropriate security classification to ensure the protection on its contents. This classification may be changed by mutual agreement.

8. SECURITY:

THE PERSONNEL WILL STORE. HANDLE AND SAFEGUARD ALL CLASSIFIED MATERIAL HELD. USED. SUPPLIED OR EXCHANGED UNDER THE CENTER REGULATIONS.

ΣΥΜΦΩΝΙΑ ΜΕΤΑΞΥ

TOY ΥΠΟΥΡΓΕΙΟΥ ΕΘΝΙΚΗΣ ΑΜΥΝΑΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΚΑΙ ΤΟΥ ΥΠΟΥΡΓΕΙΟΥ ΑΜΥΝΑΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΗΣ ΒΟΥΛΓΑΡΙΑΣ ΓΙΑ ΤΗ ΣΥΜΜΕΤΟΧΗ ΣΤΟ ΠΟΛΥΕΘΝΙΚΟ ΚΕΝΤΡΟ ΕΚΠΑΙΔΕΥΣΗΣ ΕΠΙΧΕΙΡΗΣΕΩΝ ΥΠΟΣΤΗΡΙΞΗΣ ΤΗΣ ΕΙΡΗΝΗΣ (ΠΚΕΕΥΕ)

Το Υπουργείο Εθνικής Άμυνας της Ελληνικής Δημοκρατίας, που εφεξής θα καλείται «Φιλοξενόν Έθνος», και το Υπουργείο Άμυνας της Δημοκρατίας της Βουλγαρίας, που εφεξής θα καλείται «Μέρος».

Επαναδιαβεβαιώνοντας την αφοσίωσή τους στους σκοπούς και τις αρχές που προβλέπονται στον Χάρτη των Ηνωμένων Εθνών.

Θεωρώντας ότι η ανάπτυξη αμοιβαίας συνεργασίας θα συνεισφέρει στην σταθερότητα της ευρύτερης περιοχής και θα βοηθήσει στην βελτίωση των καλών σχέσεων μεταξύ τωνχωρών.

Γνωρίζοντας ότι η πολιτικο-στρατιωτική συνεργασία αποτελεί το βασικό στοιχείο ενίσχυσης των δυνατοτήτων των Ηνωμένων Εθνών στην ασφάλεια και την διατήρηση της ειρήνης.

Σίγουροι ότι πρέπει να υπάρξει μία περαιτέρω εξέλιξη στην συνεργασία και τον διάλογο μεταξύ των χωρών σε θέματα Επιχειρήσεων Υποστήριξης της Ειρήνης (EYE).

Επιθυμώντας να συμβάλλουν στην ενίσχυση της εκπαίδευσης και δια-λειτουργικότητα των ενόπλων δυνάμεων τους, σύμφωνα με τις νέες επιχειρησιακές απαιτήσεις των Επιχειρήσεων Υποστήριξης της Ειρήνης.

Συμφώνησαν στα ακόλουθα: