364-(222)

II SÉRIE-A — NÚMERO 24

Article 4

Commitments of the two Parties related to the Protection of classified information

The standing personnel will comply with the regulations of each Party concerning the protection of classified information provided by the other Party during their co-operation.

All military classified information directly exchanged by the Parties and the information of common interest obtained by other means by each Party will be protected in accordance with the following principles:

- The recipient Party will not disclose the information to third Parties without the previous approval of the sending Party;

- The recipient Party will provide the same classification as given by the sending Party and consequently will take the necessary protection measures;

- The information will be used only for the purpose it was provided or obtained.

The rights for patents, royalties or commercial secret in the military field, of defence industries or others will be duly observed.

The information will be conveyed through official channels and only authorized personnel will have access to it, taking into account that it only can be used to the purpose of the co-operation of the Parties.

Temporary or definitive reproduction, transfer or cession to third Parties of information, documents, equipment and technology produced in co-operation will require the written consent of the other Party.

Article 5 Joint Commission

In order to implement the provisions of this Agreement, the Parties decide to establish a Joint Commission in defence matters committed to the definition, development and following of co-operation activities, henceforth called «Commission».

The Commission will meet as a rule once a year alternatively, in Portugal and .in Romania and the dates of these annual meeting will be fixed by mutual agreement between the two Parties. The sessions of the Commission will be chaired by the chief of the host country delegation.

Those fields of activity that are to be discussed by the Commission will be defined by mutual agreement well in advance and the final agenda will be ready at least one month prior to the Commission meeting.

According with the provisions of this Agreement, the Parties undertake the commitment to conceive an annual co-operation programme.

Article 6 Financial aspects

All expenses for the standing personnel who is involved in co-operation missions according to the provisions of this Agreement will be covered on a reciprocal basis as follows:

- The recipient Party will bear the expenses for accommodation and food, transportation on its »

own territory, catering at the place of activity, as well as medical' and dental services in emergency cases;

- The sending Party will bear the expenses for international transportation and any other expenses, except the above mentioned.

Article 7 Liability

Each Party is responsible to provide compensation for any damage do private property or of another kind produced by the members of delegations during the implementation of the provisions of this Agreement.

Compensation will be provided in case of fraud or severe negligence of the other Party and will be mutually agreed.

Article 8 Settlement of disputes

Any dispute regarding the interpretation of the implementation of the provisions of this Agreement will be settled by the Parties as soon as possible, by consultations between the chiefs of the delegations within the Commission.

Article 9

Commitments of the Parties according to other international agreements

This Agreement will not affect the commitments resulting for each Party from other international agreements in which they are parties too, and is not against the security and the territorial integrity of other states.

Article 10 Amendments and changes

Each Party may propose amendments or changes to this Agreement at anytime and shall begin, with that finality, a process of consultation within the Commission in order do agree upon the suggested amendments or changes.

The agreed amendments and changes are integral part of this Agreement and shall come into force in accordance with the internal legal procedures of each Party.

Whenever one of the Parties is unable to comply with the provisions of this Agreement, the Parties will begin consultations within the Commission, in order do solve the problem.

Article 11 Duration and termination

This Agreement is concluded for a period of five years and will be automatically extended for periods of one year, unless any of the Parties will notify the other Party its intention to denounce of it, at least six months before the expiring period of validity.

In case of denounce, the Parties will carry on contacts in order to reach at the best solution for the pending matters.