Debates Parlamentares - Diário 103, p. 72 (2014-04-29)

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72 | II Série A - Número: 103 | 29 de Abril de 2014

d. Donations to entities, charities, and similar organizations, on the condition that they are exempt from Portuguese taxes on the donated items.
e. Disposal by way of destruction, theft or damage, on the condition that the circumstances and disposal is certified by Portuguese police authorities, an authorised scrapping form, customs, or other appropriate documents.
f. When the required Portuguese duties and/or taxes, based on market-value at the time of disposal, have been paid.

9. The entitlements stated above are afforded to the Allied Headquarters in support of its mission, and the members and their dependents shall not derive any individual rights from this Supplementary Agreement in this regard. The administration of the entitlements shall be subject to Portuguese law and to the management of the Allied Headquarters, which: a. Shall take the appropriate measures, within the scope of its authority, to oversee the correct application of the rules and regulations on relief from taxes and duties and to prevent abuse.
b. May request the Portuguese Republic assistance to legally pursue any abuse.
c. Shall request all members and their dependents to sign a statement on their arrival in an Allied Headquarters acknowledging the restrictions set out in this Article.
d. Pursuant to the Agreement, Article XII, paragraph 1, and the Protocol, Article 4, may conclude mutual arrangements with the Portuguese Republic on the accounting and management of the entitlements described in this Article.

10. For the purposes of verifying the status of an Allied Headquarters and entitled members under this Supplementary Agreement with regard to forms required to accomplish tax and duty-free purchases in EU countries as well as import, export and re-export of goods, the Portuguese Republic shall appoint an authority to certify forms submitted by or through an Allied Headquarters.
11. An Allied Headquarters shall provide the designated authority in the Portuguese Republic with a list of personnel upholding entitlements under this Supplementary Agreement. For the sake of accurateness, such lists shall be provided monthly.
12. Exemption shall be granted for any taxes or fees which may be applied in the Portuguese Republic after this Supplementary Agreement is signed.
13. The provisions of the present Article shall not supersede procedures regarding funding of NATO infrastructure projects and implementation of Capability Packages, nor is it the intent to limit or supersede such entitlements granted to a single state or to international, governmental and non-governmental organizations, and international tribunals by the Portuguese Republic. 14. Nothing in this Article shall be understood to limit or otherwise prejudice the procedures and rights granted to the Portuguese Republic under the Agreement, in particular Article IX, paragraph 2, Article XI, paragraph 1, and Article XII, paragraph 2.

Article 18 Protection of the environment, health, and safety

1. Without prejudice to the Agreement, Article II, and acknowledging exemptions provided in this Supplementary Agreement, Portuguese laws and regulations regarding protection of the environment shall, in the same manner they are applicable to the Portuguese Armed Forces, serve as the minimum standard for an Allied Headquarters, just as all relevant NATO Standardisation Agreements and guidance shall be applied. 2. The Allied Headquarters shall, with the assistance of the Portuguese Republic envisaged in paragraph 6 below, analyse the compatibility of Allied Headquarters activities with Portuguese environmental laws and regulations. Such considerations shall include, but shall not be limited to, identification and assessment of potential environmental impacts and effects, in order to minimise the possible adverse environmental effects and, where detrimental effects are unavoidable, to take appropriate remedial measures. In this regard, special attention shall be paid to activities regarding use and storage of fuels, lubricants and ammunitions, as well as emissions of gases, levels of noise, areas for training and exercises, and disposal of all kinds of refuse.

72 | II Série A - Número: 103 | 29 de Abril de 2014d. Donations to entities, charities, and similar organizations, on the condition that they are exempt from Portuguese taxes on the donated items.
e. Disposal by way of destruction, theft or damage, on the condition that the circumstances and disposal is certified by Portuguese police authorities, an authorised scrapping form, customs, or other appropriate documents.
f. When the required Portuguese duties and/or taxes, based on market-value at the time of disposal, have been paid.9. The entitlements stated above are afforded to the Allied Headquarters in support of its mission, and the members and their dependents shall not derive any individual rights from this Supplementary Agreement in this regard. The administration of the entitlements shall be subject to Portuguese law and to the management of the Allied Headquarters, which: a. Shall take the appropriate measures, within the scope of its authority, to oversee the correct application of the rules and regulations on relief from taxes and duties and to prevent abuse.
b. May request the Portuguese Republic assistance to legally pursue any abuse.
c. Shall request all members and their dependents to sign a statement on their arrival in an Allied Headquarters acknowledging the restrictions set out in this Article.
d. Pursuant to the Agreement, Article XII, paragraph 1, and the Protocol, Article 4, may conclude mutual arrangements with the Portuguese Republic on the accounting and management of the entitlements described in this Article.10. For the purposes of verifying the status of an Allied Headquarters and entitled members under this Supplementary Agreement with regard to forms required to accomplish tax and duty-free purchases in EU countries as well as import, export and re-export of goods, the Portuguese Republic shall appoint an authority to certify forms submitted by or through an Allied Headquarters.
11. An Allied Headquarters shall provide the designated authority in the Portuguese Republic with a list of personnel upholding entitlements under this Supplementary Agreement. For the sake of accurateness, such lists shall be provided monthly.
12. Exemption shall be granted for any taxes or fees which may be applied in the Portuguese Republic after this Supplementary Agreement is signed.
13. The provisions of the present Article shall not supersede procedures regarding funding of NATO infrastructure projects and implementation of Capability Packages, nor is it the intent to limit or supersede such entitlements granted to a single state or to international, governmental and non-governmental organizations, and international tribunals by the Portuguese Republic. 14. Nothing in this Article shall be understood to limit or otherwise prejudice the procedures and rights granted to the Portuguese Republic under the Agreement, in particular Article IX, paragraph 2, Article XI, paragraph 1, and Article XII, paragraph 2.Article 18 Protection of the environment, health, and safety1. Without prejudice to the Agreement, Article II, and acknowledging exemptions provided in this Supplementary Agreement, Portuguese laws and regulations regarding protection of the environment shall, in the same manner they are applicable to the Portuguese Armed Forces, serve as the minimum standard for an Allied Headquarters, just as all relevant NATO Standardisation Agreements and guidance shall be applied. 2. The Allied Headquarters shall, with the assistance of the Portuguese Republic envisaged in paragraph 6 below, analyse the compatibility of Allied Headquarters activities with Portuguese environmental laws and regulations. Such considerations shall include, but shall not be limited to, identification and assessment of potential environmental impacts and effects, in order to minimise the possible adverse environmental effects and, where detrimental effects are unavoidable, to take appropriate remedial measures. In this regard, special attention shall be paid to activities regarding use and storage of fuels, lubricants and ammunitions, as well as emissions of gases, levels of noise, areas for training and exercises, and disposal of all kinds of refuse.

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