364-(226)

II SÉRIE-A — NUMERO 24

AGREEMENT BETWEEN THE MINISTRY OF NATIONAL DEFENCE OF THE PORTUGUESE REPUBLIC AND THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF POLAND AND THE BILATERAL MILITARY CO-OPERATION.

The Ministry of National Defence of the Portuguese Republic and the Ministry of National Defence of the Republic of Poland, hereinafter referred to as «Parties»:

Guided by the provisions of the Final Act of the Conference on Security and Co-operation in Europe, the Paris Charter of a New Europe, and the Vienna Document 1994, the Treaty of Conventional Armed Forces in Europe as well as other international agreements in the field of security, and a confidence building measures;

Wishing to develop and strenghten the bilateral co-operation in the field of defence, including military contacts between the Armed Forces of the Portuguese Republic and the Armed Forces of the Republic of Poland;

Convinced that the bilateral co-operation and military contacts between the Parties contribute to strenghtening of mutual trust and to consolidating of security in Europe and in the world;

have decided as follows:

Article 1

The Parties will maintain and develop bilateral military co-operation in areas of mutual interest, and will promote military contacts between the Armed Forces of the Portuguese Republic and the Armed Forces of the Republic of Poland.

Article 2

1 — The range and forms of military co-operation will be agreed upon jointly by representatives of the Parties in the Joint Commission mentioned in article 4 of this Agreement, and included in programs of the bilateral co-operations.

2 — In order to implement the agreed fields of cooperation, specific agreements or additional protocols contaning the details related to those matters might be concluded.

Article 3

1 — 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.

2 — 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:

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

b) The recipient Party will provide the same classification as given by the sending Party and con-

sequently will take the necessary protection measures;

c) The information will be used only for the purpose for which it was provided.

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

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

5 — 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 4

1 — A Joint Commission in bilateral military co-operation will be established between the Parties, with the purpose of implementing the provisions of this Agreement, and is henceforth called Commission.

2 — The Commission will meet as a rule once a year, alternatively in Portuguese Republic and in Republic of Poland, and it will be chaired by the chiefs of both delegations.

3 — The Commission meetings agenda will be defined by mutual agreement well in advance, at least one month prior to the reunion.

4 — According to the provisions of this Agreement, the Parties undertake the commitment to conceive an annual co-operation programme, in terms to be established by the Commission, as referred in article 4.1 of this Agreement.

Article 5

Exchanges of delegations of the Parties will be made on the basis of reciprocity and with regard to the following provisions:

a) The receiving Party will bear the expenses fot accommodation and food, transportation on its own territory, catering at the place of activity, as basic well as medical services, in emergency cases;

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

Article 6

The provisions of this Agreement will be executed between the Parties, according to legislation of the country and in observation of the rules of international law.

Article 7

Any divergence about the interpretation of the claus-ses of this Agreement will be solved by the Parties as soon as possible, through consultations within the Commission.