16 DE JUNHO DE 1995

822-(29)

b) Support facilities — areas, buildings and infrastructures dedicated to military purposes located outside Air Base Number 4, Lajes, as described under article n of this annex.

2 — Regarding their utilization, those facilities referred to in tile preceding paragraph will be defined as:

d) Exclusive use facilities — those facilities for thé exclusive use of either the United States Forces or the Portuguese Armed Forces;

b) Joint use facilities — those facilities to be used jointly by both forces notwithstanding their operation as possible exclusive use facilities.

3 — Those facilities meant to be used by the United States Forces are designated as granted facilities.

Article EI : • -

Register of facilities

1 — Upon signature of this Agreement, a detailed register and map with all the granted facilities, within and Outside Air Base Number 4, Lajes, including all the necessary elements for their accurate description and location, has been approved.

2 — It is die responsibility of the Commanders of both Forces to prepare and permanently maintain the register and the map referred to in paragraph 1. j J

Article III

Acess to granted facilities ■ - ■ '

1 — Access to granted facilities located outside the limits of Air Base Number 4, Lajes, by United States Forces for support activities at such granted facilities will require written authorization from the owners or the tenants, whichever applies, of the property through which such access must take place. The United States Forces may, however, access the granted facilities when it is essential to collective defense or internal security and there is no time to obtain the required authorization. In these cases, the owners will be informed as soon as possible.

2 — To effect the authorization referred to in the preceding paragraph, the Commander of the United States Forces will communicate, on a case-by-case basis, to the Commander of Air Base Number 4, Lajes, his intention to have access to some granted installation. The notification referred to should take place thirty days in advance, or as soon as possible, if for unforeseen circumstances the thirty day period cannot be observed. It is incumbent upon the Commander of Air Base Number 4, Lajes, to make his best efforts to obtain the required authorization.

3 — The notification provided in paragraph 2 must consist of the following elements:

a) Indication of die support activities to take place in the granted facilities as well as the time frame required to complete those activities;

b) Indication of the property that the United States Forces plan to cross;

c) Description of the necessary activities planned for the property to be crossed, specifically passage by vehicles, excavations, demolition of walls and fences as well as other activities that might affect the normal utilization of the property; " "

d) Commitment by the United States Forces to construct adequate gates in case they have to demolish ' walls or fences during the period of utilization; " e) Indication of the time frame necessary to restore _■*■•■ the property to its original state:

4 — The Government of Portugal will make its best effort to obtain long term or annual easements from the owners and the tenants of the property surrounding the granted facilities so that the United States Forces have access to those facilities, at any time and without die necessity of obtaining case-by-case approval.

Article TV

_ Allocation or costs

T—^ Costs for obtaining thé access rights described in paragraph 4 of-the preceding article will be entirely borne by the Government'of Portugal.

2 — The Forces of the United States are responsible for all "damages caused by acts or omissions by its members or agents related to the access to die parcels of land occupied by radiocortimunications facilities and accessories, including those at'Cinco Picos and Vila Nova.

Article V

^ The Ckivernment, of Portugal will ensure that the areas surrounding the granted facilities will be protected by Portuguese.law (servidão militar). .

annex b

United States personnel in the Azores

Article I

Categories of personnel

In accordance' with the provisions of article i of this Agreement, the .United States may assign to the granted facilities die following categories of personnel:

Stationed personnel, consisting of members of the - o ' ' Forces ancT.the civilian component in die Azores for die preparation, maintenance, use and support of the facilities and the services intrinsic to them; ■'■ Rotational personnel, consisting of members of the Force and the civilian component in the Azores for • rotational training and temporary support of the missions referred to in article i of this Agreement

Article II

Tour of duty

1 — Stationed personnel may, in principle, stay in the Azores for a period of three years.

.2 — In peace time, rotational personnel may, as a rule, be assigned' to the Azores for a maximum period of 179 days.

3 — The Commander of Air Base Number 4, Lajes, may authorize, át the request of the'American authorities, the extension x>f any assignment These extensions, which will always be considered exceptions, will have to be requested a minimum of three months in advance and based upon specific needs.

4 — The Commander of Air Base Number 4, Lajes, may request the departure from Air Base Number 4, Lajes, and