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Decree No. 2002-1074 Of 5 August 2002 Promulgating The Agreement Between The Government Of The French Republic And The Government Of The Republic Of Slovenia On Cooperation In The Field Of Defence, Signed In Ljubljana...

Original Language Title: Décret n° 2002-1074 du 5 août 2002 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République de Slovénie relatif à la coopération dans le domaine de la défense, signé à Ljubljana ...

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Summary

Application of Articles 52 to 55 of the Constitution.Since its independence in 1991 and with a view to joining NATO, Slovenia has focused its efforts on the restructuring of the armed forces and defence planning (1.46 per cent of GDP in 2001). The normal operation of the forces is assured and the Slovene have launched equipment programs over a decade to acquire modern equipment. In addition, Slovenia is now involved in the international defence scene. A Slovenian-Hungarian trilateral brigade, established in Udine, is expected to be soon declared operational and a Slovenian military police detachment serves in former Yugoslavia. Slovenia has shown its readiness to increase its participation, to reduce the burden of NATO countries. In addition, this country is present in various processes (observers for the multinational brigade of south-eastern Europe). In this context, Franco-Slovene military relations have been consolidated in recent years and have become one of the main components of Slovenia's bilateral cooperation. The visits of several chiefs of staff of the French armies testified to the will, on both sides, to define a precise legal framework and to establish a cooperation plan on the basis of regular exchanges. The visit to Ljubljana last January by the French Minister of Defence, in particular, has made it possible to mark our consideration for Slovenia, to replace bilateral relations over time and to demonstrate our appreciation for the interest of the Slovene to acquire, despite strong American competition in particular, certain French defence materials (communications, helicopters). The bilateral agreement, signed in Ljubljana on 18 January 2002, is part of this perspective by allowing, in addition to the political-military exchanges, appreciated by Slovenians, the holding of joint exercises, the deepening of contacts already established in several areas (military education in particular), and, in the end, the development of our links in the field of arms. The establishment of a joint working group, which meets on a regular basis, must enable the evaluation and planning of such cooperation and exchanges. Co-operation activities, about 20 per year, take the form of training and training, counselling and expertise operations. They are long-term, with multi-year training projects for trainers and rely on a core of Francophone frameworks. This agreement entered into force on 2 July 2002.

Keywords

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SLOVENIA , COOPERATION AGREEMENT , DEFENSE , PARTENARIAT , SECURITE , ORGANIZATION , EQUIPMENT , ARMEES , MATERIAL OF ARMEMENT , ACQUISITION , FORMATION


JORF n°186 of 10 August 2002 page 13721
text No. 8



Decree No. 2002-1074 of 5 August 2002 on the publication of the agreement between the Government of the French Republic and the Government of the Republic of Slovenia on cooperation in the field of defence, signed in Ljubljana on 18 January 2002 (1)

NOR: MAEJ0230039D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/8/5/MAEJ0230039D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/8/5/2002-1074/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the Republic of Slovenia on cooperation in the field of defence, signed in Ljubljana on 18 January 2002, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Annex


AGREEMENT



BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE SLOVENIA REPUBLIC ON COOPERATION IN THE FIELD OF
The Government of the French Republic and the Government of the Republic of Slovenia referred to as "the Parties",
Noting that the evolution of the political situation in Europe is conducive to the development and deepening of new relations of partnership and cooperation among European States,
Considering that this spirit of partnership and cooperation must govern relations between all European States, without discrimination,
Emphasizing the need to include security and defence issues at the heart of this cooperation, taking into account the global recomposition of our security environment,
Considering that the European identity of security and defence must be asserted and strengthened, in order to make a major contribution to security and stability in Europe,
Recalling the Madrid Declaration of 8 July 1997 on Euro-Atlantic Security and Cooperation, published by the Heads of State and Government of the Atlantic Alliance, reaffirming that NATO remains open to new members, and emphasizing in this regard the positive developments in the sense of democracy and the rule of law in Slovenia,
Considering the Convention between the States Parties to the North Atlantic Treaty and other States participating in the Partnership for Peace on the Status of their Forces, signed in Brussels on 19 June 1995,
Considering that developments within the Atlantic Alliance and the European Union are aimed at establishing peace and security throughout the continent,
Recalling the commitment, within the framework of the Organization for Security and Cooperation in Europe, to strengthen mutual confidence through a stronger openness to defence issues,
Emphasizing that the objective of this cooperation is to contribute to the maintenance of peace and stability in Europe, by the rapprochement of military institutions, the multiplication and diversification of relations in the field of security and defence, and the deepening of mutual knowledge,
Considering the positive results of bilateral cooperation already undertaken in the field of defence,
Recognizing their willingness to deepen and broaden the framework for their cooperation in the field of defence,
agreed that:


Article 1


The purpose of this Agreement is to develop cooperation between the Government of the French Republic and the Government of the Republic of Slovenia in the field of defence.
This cooperation takes the form of bilateral relations between the departments of the defence ministries and the armed forces of the Parties. It deals with areas and subjects of common interest clearly identified in compliance with applicable French and Slovenian laws and regulations.


Article 2


1. This Agreement encompasses all areas of cooperation, including:
1° Defence and security concepts, particularly in Europe.
2° The types of organisation and equipment of the armed forces, their reserves and their logistical support. The design, realization and acquisition of weapons equipment.
3° Administration and management of civilian and military personnel.
4° Training and development of officers, non-commissioned officers and officials of the Parties.
5° Communication and information in both armies.
6° Military legislation and regulations.
7° Military history and geography.
8° Sports activities under the International Council for Military Sport.
2. If necessary, the areas of this cooperation may be specified by the conclusion of specific arrangements.


Article 3


1. The areas of cooperation referred to in Article 2 of this Agreement may take the following forms:
1° Visits by official delegations of both Parties and the armed forces.
2° Home of trainees in military education, according to the legislation, regulations and procedures in force in each State.
3° War building stairs, visits between military staff and units, study trips to military schools, aircraft ports of call.
4° Consultations and exchanges of experience in the form of conferences, symposia, symposia, seminars.
5° Exchange of information, files, studies.
6° Sports events within the framework of the International Council for Military Sport.
2. Official visits, as well as other forms of cooperation, are carried out according to the needs agreed by the Parties.


Article 4


1. Parties shall organize joint, joint, military and service exercises and training.
2. The exercises referred to in paragraph 1 of this Article are included in the annual operational training plans of the armed forces of each Party.
3. The specific details of the organization of the conduct and funding arrangements for the joint exercises of the armies are defined by the Defence Ministers of both Parties by a particular arrangement.


Article 5


In order to enhance mutual understanding and confidence, the Parties regularly organize reciprocal visits of their representatives to the Departments of Defence, the General Staffs of the Armed Forces, Commands and Staffs of the Armed Forces, Military and Service, and to other equivalent levels of command and direction.


Article 6


1. In order to coordinate and monitor cooperation between the armed forces of the two Parties, a joint Franco-Slovene working group is established. The working group includes members of the Parties and the staff of both armies, as well as, for each Party, the defence attaché and a secretary; it is co-chaired by a person in charge of the armies of each Party. In the absence of a defence officer, it may be replaced by a member of the embassy.
2. The working group meets annually alternately in Paris and Ljubljana. It assesses the cooperation of the past year and sets out the cooperation plan for the following year. This plan includes the subject of actions taken, forms, dates, places of realization and responsible authorities. This plan is signed by the two co-chairs.
3. All subjects of a potential to contribute to the realization of the purpose of this Agreement may be mutually agreed to the agenda, as well as subjects of a more general nature relating to military or strategic doctrines and the future of European security. The agenda must be prepared no later than one month before the annual meeting of the working group.


Article 7


1. The function of the members of the military and civilian personnel of one of the Parties in residence or in transit in the territory of the other Party, as well as the character and duration of their mission and other specific procedures for the exercise of their functions, shall be defined in advance of the establishment of each of them by an exchange of correspondence between the Ministers of Defence of the two Parties.
2. Military and civilian personnel shall perform their duties in accordance with the decisions contained in the correspondence referred to in paragraph 1 of this article. They may not, in particular, be associated with the preparation or execution of war operations, or with actions to maintain or restore order, public security or national sovereignty, or intervene in such operations in any form.
3. During their stay in the territory of the other Party, members of military and civilian personnel and members of their families shall respect the domestic law of that Party and shall not conduct any political activity in the territory of that Party. Military and civilian personnel also comply with existing internal regulations within the Ministry of Defence of the Host Party.


Article 8


During the performance of their duties, civilian and military personnel may stay with their families in the territory of the other Party. The identity of family members residing in the territory of that State with the member of the military and civilian personnel is indicated in the correspondence referred to in Article 7, paragraph 1, of this Agreement.


Article 9


1. Members of French military and civilian personnel fall under the authority of the Government of the French Republic through the French Embassy in Ljubljana.
2. Members of the Slovenian military and civilian personnel are under the authority of the Government of the Republic of Slovenia through the Embassy of Slovenia in Paris.
3. During their stay in the territory of the other Party, they retain their status as a national civil or military official.
4. Military personnel shall wear uniform and military insignia in accordance with the regulations in force in the armed forces of the sending Party. The host Party authorizes them to wear civil suit.
5. Members of the military personnel of the sending Party may hold and carry their weapons provided that they are authorized by the regulations that apply to them. The authorities of the host Party shall consider carefully the applications submitted by the sending Party in this regard.
6. The authorities of the sending Party are competent in matters of discipline. The authorities of the Host Party shall inform the Embassy of the Party sending the actions of a member of the military or civilian personnel contrary to the Military Discipline Regulation of the Host Party. The general discipline rules of the host Party's armed forces are communicated to each member of the military and civilian personnel.


Article 10


Within the framework and limits of its budgetary availability, each Party shall provide funding for cooperation in accordance with the following rules:
1. Unless otherwise agreed by the parties in the field of training, the Party of sending shall pay the costs of transport going and returning to the place of destination in the territory of the Party of reception and the necessary allowances for the personal expenses of its representatives.
2. The Host Party shall provide free military and civilian personnel with the necessary conditions for the performance of their duties, subject to the following provisions:
3. For members of military and civilian personnel who make short-term stays (less than six months, with the exception of joint exercises and trainings whose financial arrangements are provided by a specific arrangement) in the territory of the host Party, the host Party shall pay the costs of transportation of service within its territory, the costs of accommodation and restoration, the costs associated with cultural events in accordance with the programme of the visit It also pays tuition fees for all trainees in military schools and military units. The host Party may consider special cases for the award of a scholarship for current expenses.
4. For members of military and civilian personnel, and members of their families accompanying them, carrying out long-term stays (more than six months) in the territory of the host Party, the Party of sending shall provide transportation, accommodation and food costs.
However, the Ministry of Defence of the Host Party ensures that members of military and civilian personnel performing the function of a reader are provided with free accommodation and food at the place of completion of their mission.


Article 11


Until the conclusion of a general security agreement between the Government of the French Republic and the Government of the Republic of Slovenia, the following rules are applied:
1. Parties undertake to protect the classified information to which they may have access under this Agreement in accordance with national laws and regulations.
2. Any equipment or information received from any of the Parties under this Agreement shall not be transferred, disclosed, disseminated, directly or indirectly, provisionally or permanently, to a third party or to unauthorized persons or entities without the prior written consent of the other Party.


Article 12


Any dispute arising from the application or interpretation of this Agreement shall be settled by negotiation between the Parties.


Article 13


1. Each Party shall notify the other of the completion of the formalities required by its domestic law for the entry into force of this Agreement. The notification comes into force on the date of the last notification.
2. It is concluded for a period of five years. At the end of this period, the agreement is renewed by tacit renewal for new periods of one year.
3. Parties may at any time agree to amend or amend this Agreement in writing.
The entry into force of the amendments shall take place in accordance with the requirements of paragraph 1.
4. Each of the two Parties may denounce this Agreement in writing. This denunciation takes effect 90 days after notification to the other Party.
In faith, the representatives of both Parties, duly authorized to do so, have signed this Agreement and affixed it to it.
Done in Ljubljana on 18 January 2002 in two copies, each in French and Slovenian languages, both versions being equally authentic.


For the Government
of the French Republic:
Mr. Alain Richard,
Minister of Defence
For the Government
of the Republic of Slovenia:
Mr. Anton Grizold,
Minister of Defence


Done in Paris, 5 August 2002.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

Minister of Foreign Affairs,

Dominique de Villepin


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