16 DE JUNHO DE 1995

822-(33)

3 — Provided that priority is given to the movement of the cargo referred to in paragraph 2, this facility can be used by other ships and vessels.

Article II

Military port operations

V — The Portuguese authorities arc responsible for port operations, with the cooperation of the United States Forces, as may be necessary and mutually agreed.

2 — Vessels operated by or for United States Forces, when used for the purpose of this Agreement, are exempt from port taxes as well as customs and port clearance fees and shall pay only the charges provided in annex i.

3 — Except for vessels referred to in paragraph 2, vessels which use the military port to deliver or pick up cargo for United States Forces will be subject to charges which shall be mutually agreed.

4 — The port clearance of the vessels referred to in paragraph 2 and 3 as well as the customs clearance of their cargo are assured by the Portuguese authorities.

5 — Pilot services and measures relating to the safety of navigation within the military port and its approaches are the responsability of the Portuguese authorities, with the cooperation of the United States Forces, as may be necessary and mutually agreed.

6 — In the military port and its approaches, Portuguese laws, particularly those which refer to maritime safety and pollution, shall be respected.

7 — The Portuguese authorities and the United States Forces will keep each other informed, with at least 48 hours notice, of the arrival of vessels to the military port.

8 — The services provided by United States Forces to vessels not transporting cargo for those Forces and port services provided by the Portuguese authorities to United States Forces will be mutually agreed. Use of military port by the vessels referred to in paragraph 3 of article i of this annex shall be in accordance with mutually agreed procedures.

Article m Port equipment

1 — Floating equipment belonging to the United States Forces which is necessary to the operation of the military port may be stationed at the dock for small vessels.

2 — The United States Forces will not increase the quantity or significantly change die dimensions of floating equipment without prior agreement of the Portuguese authorities.

Article V

Responsibility for construction, maintenance and related costs

The construction, maintenance, repair and alteration of the buildings or facilities in the military port will be carried out in keeping with article v of this Agreement.

Article V Security

The provisions with respect to security of this facility, to be carried out according to the terms of annex E, will also

take into account its special characteristics.

annex c

Mobile maritime communications service in the Azores

Article I Responsibility

The execution of all the means of mobile maritime

communications services in the Azores, including those of military nature, is the responsibility of the Portuguese authorities.

Article II Delegations

Whenever agreed between the Portuguese authorities and the United States Forces, the United States Forces may carry out, in whole or in part, mobile maritime communications services related to the use of granted facilities. This function is carried out without prejudice to the operational control in the Azores and will terminate upon reasonable notice, when it maybe judged convenient by either of the Parties.

Article III Applicable regulations

In executing the mobile maritime communications services under the term of article n, United States Forces shall observe Portuguese and international rules and regulations.

Article IV Characteristics

The Command of the United States Forces shall submit for the approval of the Portuguese authorities the basic characteristics of the mobile maritime communication services executed in accordance with article u. Once approved, these characteristics cannot be altered without authorization from the Portuguese authorities.

annex h

Status of personnel

Article I Definitions

1 — For purposes of this Agreement, the term «civilian component* defined in article i, 1, b), of the NATO SOFA includes the employees of non-profit organizations who, properly identified by the United States authorities, accompany United States Forces for the sole purpose of contributing to the welfare, morale, and education of members of the Force or of the civilian component, as well as dependents, and who are not Portuguese citizens or ordinarily resident in Portugal.

2 — For purposes of this Agreement, the term «dependents» defined in article i, 1, c), of the NATO SOFA includes persons from the family of a member of the force or the civilian component, as well as such member's spouse, who are present in the Azores and are financially, legally or for reasons of health, dependent

upon such member.