Νόμος 3767/2009

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3767

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Άρθρο πρώτο

FRAMEWORK AGREEMENT BETWEEN THE MINISTRY OF NATIONAL DEFENSE OF THE HELLENIC REPUBLIC

AND ATHENA

CONCERNING MOVEMENT and TRANSPORTATION SERVICES

OFFERED BY THE ATHENS MULTINATIONAL SEALIFT COORDINATION CENTRE

PREAMBLE

The Ministry of National Defense of the Hellenic Republic and ATHENA hereinafter referred to as the "Parties":

CONSIDERING the great importance of further development of the cooperation and coordination among the two Parties in the field of Movement and Transportation, particularly on strategic sealift activities;

AIMING at supporting European Union operations having military or defence implications through the provision of movement and transportation services offered by the Athens Multinational Sealift Coordination Centre (AMSCC);

Have reached the following understanding:

ARTICLE ONE AIM

1. This Framework Agreement opens the possibility for ATHENA to request the AMSCC to provide movement and transportation services to an operation of the European Union having military or defence implications, including a military Rapid Response. The AMSCC agrees to do its utmost within its means to meet such requests.

2. Any actual chartering of sea transport shall require a specific contract (charter party) to be concluded between the requesting Party and the ship provider.

ARTICLE TWO ATHENA

1. ATHENA is the mechanism established to administer the financing of the common costs of European Union operations having military or defence implications. Such common costs include transportation costs incurred by European Union Headquarters. The Council of the European Union may moreover decide that transportation of EU forces shall be financed in common in a given operation. ATHENA may furthermore be entrusted with the management of the prefinancing of certain costs in a given operation.

2. ATHENA may not enter into contracts outside the scope of its competence.

3. The authorities who may act on behalf of ATHENA are:

a. the administrator;

b. within the framework of a given operation, the EU operation commander.

4. In practice, ATHENA's representative vis-a-vis the AMSCC may be:

a. ATHENA's administrator or a deputy-administrator;

b. a European Union headquarter, notably its J4 and J8 sections;

c. the European Union Operation Centre, notably its J4 and J8 sections.

5. The administrator's and deputy administrators' coordinates are set out at Annex 1.

ARTICLE THREE OBJECTIVE OF THE AMSCC

1. The AMSCC collects data at a global level on strategic sealift capabilities, including commercially chartered sealift capabilities.

2. The AMSCC further collects data on strategic sealift requirements, for the purpose of facing any need or shortfall, whenever identified.

3. On the basis of the gathered data and upon request, the AMSCC shall offer advice as to how strategic sealift capabilities can be utilized more effectively.

4. Upon submission of a request for sealift, the AMSCC shall carry out actions in accordance with Articls Ζ cf t^u.o present Agreement, subject to the final approval of the requesting Party in order to fulfill the requirements for assets and services, taking into account any urgency.

5. Upon completion of the chartering procedures and the conclusion of a specific contract (charter party), the requesting Party shall be responsible for the signing

and execution of the specific contract. The AMSCC shall be responsible for monitoring the chartered assets according to the needs of the requesting Party.

6. The AMSCC provides to the requesting Party all necessary data regarding strategic sealift requirements and spare capacity.

ARTICLE FOUR IMPACT ON THE ORGANIZATION OF THE AMSCC

1. The organization chart of the AMSCC is detailed in Annex "3", which may be amended by the Hellenic Ministry of National Defence according to the AMSCC operational needs or evolution for multimodal planning. Points of contact are set out at Annex "2".

2. ATHENA reserves the right to activate at any time the following options:

2.1. Presence of any EU officer hosted within the AMSCC premises.

2.2. An EU cell hosting any EU officer within the AMSCC premises, in view of or during the execution of a movement and transportation operation.

2.3. Send any EU officer to the AMSCC for a limited time period for training purposes (to become familiar with movement and transportation issues).

3. The activation of the aforementioned options could take place at any time upon consultation between the AMSCC Director and ATHENA. For this purpose, ATHENA's representative shall send a letter including the name, rank, the curriculum vitae (CV) and appropriate security clearance of the personnel and the time of this presence within the AMSCC premises. Within ten (10) working days from the reception of the letter, the AMSCC Director will provide an answer regarding the acceptance or not of this presence. One week after the reception of the letter, the EU personnel may present themselves to the AMSCC. The Hellenic Ministry of Defence shall only pay the potential infrastructure and operating costs; it shall assume no personnel cost for EU officers.

4. When it is intended to establish an EU cell with the AMSCC in view of, or during, the execution of a movement and transportation operation, as foreseen at paragraph 2.2 of this Article, the timeframes mentioned at paragraph 3 may be shortened by mutual agreement, taking into account the urgency of operational needs. An EU cell could notably be established without delay on the AMSCC's premises in case of an EU Rapid Response.

5. A representative of ATHENA may participate in the AMSCC Advisory Board (AB).

ARTICLE FIVE AMSCC PRESENCE ON EU PREMISES

1. The Ministry of National Defence of the Hellenic Republic reserves the right to activate for a given operation the option of a cell within the premises of the

European Union, allowing the assigned personnel to cooperate with EU staff on the preparation and the performance of the movement and transportation aspects of EU operations having military or defence implications. This cell shall be provided with the necessary infrastructure and equipment free of charge. The Hellenic Ministry of National Defence shall assume the costs of personnel.

2. Personnel participating in this cell shall have a security clearance at least at the level of "EU secret" or equivalent.

ARTICLE SIX PROCEDURES

1. Any request for transportation capability shall be submitted to the AMSCC by ATHENA's representative via authorized established communication channels in accordance with the Standard Operating Procedures 04321 on provision of AMSCC support to EUMCC, for a detailed assessment. In case of an emergency or a suspected crisis.ATHENA's representative should inform the AMSCC at the earliest opportunity of any possible request regarding the provision of sealift services.

2. Any request shall include the following information:

a. Route: Sea Port of Embarkation and Disembarkation (SPOE-SPOD) and possible Airport Embarkation and Disembarkation (APOE-APOD), restrictions on expected routing;

b. Time frame period for the conclusion and execution of the contract;

c. Where necessary, the urgency which might justify recourse to fast-track procurement procedures;

d. Passengers (Escort and/or Technical Personnel): number and rank;

e. Cargo:

(1) Length in Meters.

(2) Type of cargo - limiting factors for vessel to be notified (corridor width, deck height and maximum deck load, ramp load capacity, electrical power for refrigerated shelters/containers). Analytic list of equipment to be transported with specified weight and dimensions has to follow as soon as it is available.

(3) Volume/Dimensions;

(4) Details of hazardous rr.atcrl-! to be included in the cargo, hazard class, quantity/net weight of the explosives, if applicable;

(5) Analytical value of cargo for ship-owner procedures (i.e. insurance);

(6) Earliest and latest date/time to load;

(7) Required and/or latest delivery date or minimum speed of the vessel;

(8) Who is eligible to executive loading/discharging vessel;

(9) Who is eligible to lash/secure the cargo;

(10) Amplifying remarks, like forwarding by land transportation etc.

f. Military constraints and restrictions, if any (military escort, specified routes, etc.)

g. Estimated amount of the contract;

3. However, the procedure may be started on the basis of an initial request comprising only available data. ATHENA's representative shall endeavour to supplement this initial request as swiftly as possible through a dialogue with the AMSCC.

4. The AMSCC shall forward the request to the State Maritime Transportations Directorate (SMTD) of the Ministry of Mercantile Marine of the Hellenic Republic, which has established procedures for procurement of the acquisition of sealift assets. The procurement, on behalf of ATHENA (Charterer) shall be done by the SMTD pursuant to EU legislation.

5. A draft charter party may be either provided by the requesting Party or requested from the AMSCC.

6. The requesting Party remains responsible for the award, notification and signing of the charter party.

7. ATHENA shall be responsible for the payment of all charter costs to the ship-provider and for any claim arising from the execution of the charter party.

8. The AMSCC shall provide all monitoring information to ATHENA's representative.

ARTICLE SEVEN FINANCIAL ISSUES

The operating costs of the AMSCC shall be funded by the Hellenic Ministry of National Defence. It shall also provide all aforementioned AMSCC services at no cost to ATHENA.

ARTICLE EIGHT SECURITY AND DISCLOSURE OF INFORMATION

1. All classified information provided or generated shall be stored, handled, transmitted, and safeguarded by the Parties. Such protection shall be in line with

applicable EU security procedures. The Parties shall notify each other on concrete requirements whenever a transfer of classified information is implemented.

2. Each Party shall take all necessary steps available to keep confidential all information exchanged, unless the other Party consents to such disclosures.

ARTICLE NINE LIABILITY, CLAIMS AND SETTLEMENT OF DISPUTES

1. The AMSCC bears no liability for the cost, the execution of the specific contracts signed in the framework of this Agreement or claims arising from any fatalities, injuries or damages caused to the requesting Party's or to any State's, international organization's or other entity's personnel or property, from the execution of these contracts. Additionally, the AMSCC bears no liability on claims arising from third parties concerning fatalities, injuries or property damages caused to them from the execution of the contracts signed in the framework of this Agreement.

2. ATHENA shall bear no liability for the procurement procedures led by the SMTD up to and excluding the award, notification and signing of the charter party.

3. Any dispute arising from the interpretation or application of this Framework Agreement shall be resolved only by consultation between the Parties, without recourse to any national or international jurisdiction.

ARTICLE TEN AMENDMENTS

This Framework Agreement may be amended at any time, in writing, by the mutual consent of the Parties. Amendments will enter into force in accordance with Article 11 paral

ARTICLE ELEVEN ENTRY INTO FORCE, DURATION AND TERMINATION

1. This Framework Agreement shall enter into force upon notification by the Ministry of National Defence of the Hellenic Republic to ATHENA that all internal procedures required for the entry into force of this Agreement have been concluded.

2. Either Party may terminate this Framework Agreement by providing a written notice to the other Party. In such a case, the Framework Agreement shall be terminated six months after the date of delivery of the notice or after completion of any contracts signed in the framework of this Ayree.T.o. .i, v.t.ichever comes later, and after all obligations arising from it have been fulfilled. After the date of delivery of the notice, no new contracts in the framework of this Agreement shall be signed.

111 II¹

ΦΕΚ 103

ATHENA's permanent representatives Mechanism: athena.mechanism@consilium.europa.eu

Administrator: Mr Jose Antonio MARIGUESA

Tel. 0032 2 281 60 58

jose-antonio.mariguesa@consilium.europa.eu

Deputy Administrators: Mr Jacob VRIES

Tel. 0032 2 281 56 19 jacob.vries@consilium.europa.eu

Mr Thierry BOUCHER Tel. 0032 2 281 65 69 thieri7.boucher@consilium.europa.eu

Mr Andre BRISMEZ

Tel. 0032 2 281 59 01

andre.brismez@consilium.europa.eu

ANNEX 2

POINTS OF CONTACT

AMSSCC

AMSCC - Director Stratopedo Papagos 15569 Holargos ATHENS Hellenic Republic

Tel.: 0030 210 657 1742

e-mail: amscc.ops@otenet.gr

ΣΥΜΦΩΝΙΑ-ΠΛΑΙΣΙΟ ΜΕΤΑΞΥ ΤΟΥ ΥΠΟΥΡΓΕΙΟΥ ΕΘΝΙΚΗΣ ΑΜΥΝΑΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΚΑΙ ΤΟΥ(ΧΡΗΜΑΤΟΔΟΤΙΚΟΥ ΜΗΧΑΝΙΣΜΟΥ) «ATHENA»

ΠΟΥ ΑΦΟΡΑ ΣΤΙΣ ΥΠΗΡΕΣΙΕΣ ΜΕΤΑΚΙΝΗΣΕΩΝ ΚΑΙ ΜΕΤΑΦΟΡΩΝ ΠΟΥ ΠΑΡΕΧΟΝΤΑΙ ΑΠΟ ΤΟ ΠΟΛΥΕΘΝΙΚΟ ΣΥΝΤΟΝΙΣΤΙΚΟ ΚΕΝΤΡΟ ΣΤΡΑΤΗΓΙΚΩΝ ΘΑΛΑΣΣΙΩΝ ΜΕΤΑΦΟΡΩΝ ΤΩΝ ΑΘΗΝΩΝ

ΠΡΟΟΙΜΙΟ

Το Υπουργείο Εθνικής Άμυνας της Ελληνικής Δημοκρατίας και ο (Χρηματοδοτικός Μηχανισμός) ATHENA, εφεξής αναφερόμενα ως «Συμβαλλόμενα Μέρη». ΛΑΜΒΑΝΟΝΤΑΣ ΥΠΟΨΗ τη μεγάλη σημασία της περαιτέρω ανάπτυξης της συνεργασίας και του συντονισμού μεταξύ των δύο Συμβαλλόμενων Μερών στον τομέα των Μετακινήσεων και Μεταφορών, ιδιαίτερα στις δραστηριότητες στρατηγικών θαλάσσιων μεταφορών,

ΣΤΟΧΕΥΟΝΤΑΣ στην υποστήριξη των επιχειρήσεων της Ευρωπαϊκής Ένωσης που έχουν στρατιωτικές ή αμυντικές συνέπειες, μέσω της παροχής υπηρεσιών μετακινήσεων και μεταφορών που παρέχονται από το Πολυεθνικό Συντονιστικό Κέντρο Στρατηγικών Θαλάσσιων Μεταφορών των Αθηνών (AMSCC),

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