1084-(2)

II SÉRIE-A — NÚMERO 39

RESOLUÇÃO

APROVA, PARA RATIFICAÇÃO, 0 PROTOCOLO ADICIONAL COMPLEMENTAR k CONVENÇÃO ENTRE OS ESTADOS PARTES NO TRATADO DO ATLÂNTICO NORTE E OS OUTROS ESTADOS QUE PARTICIPAM NA PARCERIA PARA A PAZ SOBRE O ESTATUTO DAS SUAS FORÇAS, CONCLUÍDO EM BRUXELAS EM 19 OE DEZEMBRO DE 1997.

A Assembleia da República resolve, nos termos da alínea /') do artigo 161.° e do n.° 5 do artigo 166.° da Constituição, aprovar, para ratificação, o Protocolo Adicional Complementar à Convenção entre os Estados Partes do Tratado do Atlântico Norte e os Outros Estados Que Participam na Parceria para a Paz sobre o Estatuto das Suas Forças.

Aprovada em 29 de Janeiro de 1999.

0 Presidente da Assembleia da República, António de Almeida Santos.

FURTHER ADDITIONAL PROTOCOL TO THE AGREEMENT AMONG THE STATES PARTIES TO THE NORTH ATLANTIC TREATY AND THE OTHER STATES PARTICIPATING IN THE PARTNERSHIP FOR PEACE REGARDING THE STATUS OF THEIR FORCES.

Considering the Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of their Forces and the Additional Protocol thereto, both done at Brussels, June 19,1995;

Considering the need to establish and regulate the status of NATO military headquarters and headquarters personnel in the territory of States participating in the Partnership for Peace in order to facilitate the relationship with the Armed Forces of individual Partnership for Peace nations;

Considering the need to provide status for personnel of the Armed Forces of Partner States attached to or associated with NATO military headquarters; and.

Considering that the circumstances in particular NATO Member States or Partner States may make it desirable to meet the needs described aboved through the means of the present Protocol:

The Parties to the present Protocol have agreed as follows:

Article I

For purposes of the present Protocol, the expression:

1 — «Paris Protocol» means the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, done at Paris, August 28,1952.

a) The «Agreement», wherever the expression appears in the Paris Protocol, shall be construed to mean the NATO Status of Forces Agreement as made applicable through the Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of their Forces, done at Brussels, June 19, 1995.

b) The «force» and «civilian component», wherever those expressions appear in the Paris Protocol, have the meanings defined in article 3 of the Paris Protocol and shall also include such persons attached to or associated with NATO military headquarters from other States Parties participating in the Partnership for Peace.

c) «Dépendent», wherever the expression appears in the Paris Protocol, means the spouse of a member of a force or civilian component as defined in paragraph b) of the present article, or a child of such member depending on him or her for support.

2 — «PfP SOFA», wherever the expression appears in the present Protocol, means the Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace regarding the Status of their Forces, done at Brussels, June 19,1995.

3 — «NATO» means the North Atlantic Treaty Organization.

4 — «NATO military headquarters» means Allied Headquarters and other international military, headquarters or organizations falling within article 1 and article 14 of the Paris Protocol.

Article II

Without prejudice to the rights of States which are Members of NATO or participants in the Partnership for Peace but which are not Parties to the present Protocol, the Parties hereto shall apply provisions identical to those set forth in the Paris Protocol, except as modified in the present Protocol, with respect to the activities of NATO military headquarters and their military and civilian personnel carried out in the territory of a Party hereto.

Article III

1 — In addition to the area to which the Paris Protocol applies, the present Protocol shall apply to the territory of all States Parties to the present Protocol, as described in article ii, paragraph 1, of the PfP SOFA.

2 — For purposes of the present Protocol, references in the Paris Protocol to the North Atlantic Treaty area shall be deemed to include the territories referred to in paragraph 1 of the present article.

Article IV

For purposes of implementing the present Protocol with respect to matters involving Partner States, provisions of the Paris Protocol that provide for differences to be referred to the North Atlantic Council shall be construed to require the Parties concerned to negotiate between or among themselves without recourse to any outside jurisdiction.

Article V

1 — The present Protocol shall be open for signature by any State that is a signatory of the PfP SOFA.

2 — The present Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the United States of America, which shall notify all signatory States of each such deposit.

3 — As soon as two or more signatory States have deposited their instruments of ratification, acceptance or approval, the present Protocol shall come into force in respect of those States. It shall come into force in respect of each other signatory State on the date of the deposit of its instrument.