Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-735 of 28 June 2011 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Slovak Republic on cooperation in the field of defence;
Vu le Decree No. 52-1170 of 11 October 1952 publishing the convention between the States parties to the North Atlantic Treaty on the status of their forces, signed in London on 19 June 1951;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 92-1174 of 23 October 1992 issuing the Treaty of Understanding and Friendship between the French Republic and the Czech and Slovak Federal Republic, signed in Paris on 1 October 1991;
Vu le Decree No. 97-913 of 30 September 1997 issuing the general security agreement between the Government of the French Republic and the Government of the Slovak Republic (as a whole annex), signed in Paris on 20 March 1997,
Decrete:
The agreement between the Government of the French Republic and the Government of the Slovak Republic on cooperation in the field of defence, signed in Bratislava on 4 May 2009, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE SLOVATIC REPUBLIC ON COOPERATION IN THE FIELD OF
The Government of the French Republic and
the Government of the Slovak Republic, referred to as the “Parties”,
Based on the Treaty of Understanding and Friendship between the French Republic and the Czech and Slovak Federal Republic, concluded on 1 October 1991,
Based on the strategic partnership established by the joint statement of the President of the French Republic and the Prime Minister of the Slovak Republic on 17 September 2008 in Paris,
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 place security and defence issues at the heart of this cooperation, taking into account the overall evolution 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,
Considering the Convention between the States Parties to the North Atlantic Treaty on the Status of Their Forces, signed in London on 19 June 1951 (NATO SOFA),
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,
Considering the General Agreement of Security between the Government of the French Republic and the Government of the Slovak Republic on the exchange of classified information, signed in Paris on 20 March 1997,
The following agreed:
Article 1
For the purposes of this Agreement:
1. "Shipping Party" means the Party to which military and civilian personnel are located in the territory of the State of the other Party;
2. "Reception Party" means the Party in the territory of the State of which is the military and civil personnel of the State of the sending Party, in residence or in transit;
3. "Member of military personnel" means personnel belonging to the armed forces of the State of one of the Parties which is located for the execution of the service in the territory of the State of the other Party in accordance with this Agreement;
4. "Member of civilian personnel" means personnel accompanying the armed forces of the State of a Party and employed or bound by a contract with the armed forces or the Ministry of Defence for a defence mission and which can only be a national of the State of the sending Party. With regard to the French side, civilian personnel are also responsible for the Ministry of Foreign Affairs;
5. "Armed Forces" means the units or formations of the armies of land, sea or air or any other military body of the State of one of the Parties;
6. "Member of the family" means persons who are neither ordinary residents nor national nationals of the host Party and who are only spouses, children and ascendants of military and civilian personnel.
Article 2
1. The purpose of this Agreement is to develop cooperation between the parties in the field of defence.
2. This cooperation takes the form of bilateral relations between the Departments of Defense and the Armed Forces of the Parties. It covers areas and topics of common interest clearly identified in compliance with the laws and regulations in force in the States of each of the parties.
Article 3
1. This Agreement includes:
(1) Defence and security concepts, particularly in Europe;
(2) regular and reciprocal information on all security issues;
3) the types of organization and means of the armed forces;
4) the design, realization and acquisition of weapons equipment;
5) the organization of the territorial and operational command, the operation of the staff, the role of computer science in the command;
6) the general organization and role of support, logistics, engineering and equipment services in the armies of land and air;
7) the organization and operation of earth and air transmission systems at all levels;
(8) The air defence, the formation of advanced air controllers, the clearance of the battlefield and the nuclear, biological and chemical defence;
9) the administration and management of civilian and military personnel;
(10) Training and development of officers, non-commissioned officers and civilian personnel of the Parties. For this purpose it is carried out either exchanges or receptions of trainees officers at all levels, but favouring the formation of young officers;
11) the financial and budgetary organization, the programming, development and monitoring of the defence budget, the control of its execution;
12) health and humanitarian intervention. Exchanges and internships of all kinds can be organized between the parties to ensure mutual benefit from knowledge and practices in areas covered by the health services of the armed forces;
13) public relations, communication and information in the armies of the States of both parties;
(14) Defence and Armed Forces legislation and regulations;
(15) sporting activities within the framework of the International Council for Military Sport;
16) military history, military geography and topography.
2. Where necessary, the areas of such cooperation may be specified by the Parties by the conclusion of specific arrangements.
Article 4
1. The areas of cooperation referred to in Article 3 of this Agreement may mainly take the following forms:
1) visits by official delegations of both Parties and the armed forces;
2) reception of trainees in military education, according to legislation, regulations and procedures in force in the State of each of the parties;
3) visits between staff, air bases and armed units, study trips to military schools, aircraft ports of call;
(4) meetings between military and civilian personnel of military schools;
5) consultations and exchanges of experience in the form of conferences, symposia, symposia, seminars;
6) exchange of non-personal information, documentation and studies;
7) exchange of representatives of the military staff and units to participate in the planning and conduct of military exercises;
8) exchange of technical experts;
9) sporting events within the framework of the International Council for Military Sport;
10) organization of artistic events, including military music and artist groups.
2. Official visits, as well as other forms of cooperation, are carried out according to the needs agreed by the Parties.
Article 5
1. Cooperation in the field of arms is based on the themes recognized as of mutual interest, according to the principle of respect for the respective regulations applicable in the Slovak Republic and the French Republic and according to the respective interests of the Parties.
2. In the field of the weapons equipment of the armed forces, the Parties shall engage in mutual information contacts and a census of the sectors on which the exchanges could particularly develop.
3. In order to implement, coordinate and monitor cooperation in the field of arms, the Parties shall conduct regular meetings between those responsible for the entities (or bodies, structures) of the two States responsible for arms.
Article 6
1. Parties shall organize joint, joint, military and service exercises and training. These exercises are designed to strengthen the interoperability of capabilities within the framework of NATO and the EU.
2. The exercises referred to in paragraph 1 of this Article are included in the annual training plans of the State 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 Parties in a particular arrangement and fall within the framework and limits of budgetary availability.
Article 7
In order to enhance mutual understanding and confidence, the Parties regularly organize reciprocal visits of their representatives to the Departments of Defense, the General Staffs of the Armed Forces, Commands and Military or Service Staffs, as well as to other equivalent levels of command and direction.
Article 8
1. It is established a Franco-Slovak meeting of the State General Staffs of each Party whose composition is fixed in accordance with item 2 of this article, responsible for deepening the exchanges on the political-military topical issues and for defining the general conception of bilateral cooperation in the areas referred to in Article 3.
2. La réunion franco-slovaque des États-majors est coprésidée par un responsable des armées de chaque des Parties. In addition, it is composed of a secretary, the State Defence Attaché of each of the Parties and, depending on the topics discussed, officers, representatives of the various armies, weapons and services or competent experts, as well as a representative of the military and defence cooperation of the French Ministry of Foreign Affairs for matters concerning him.
3. La réunion franco-slovaque des États-majors se tiendra une fois par an alternatement en République française et en République Slovak.
4. Notwithstanding the provisions of Article 4, Parties may include in the agenda of the Franco-Slovak meeting of the Staffs, all matters which the Parties consider to be conducive to the strengthening of cooperation within the meaning of this Agreement, after approval by the two co-chairs. The agenda must be prepared no later than one month before the Franco-Slovak meeting of the General Staffs.
5. The Franco-Slovakia meeting of the General Staffs assesses the cooperation achieved over the past year.
6. Cooperation actions are decided by the services of each of the parties between armies, services or branches. The cooperation plans established for this purpose shall be developed at specific headquarters meetings or in any other form agreed between the two Parties. These plans include joint actions and their purpose, modalities, dates and places of achievement and the institutions responsible for their implementation.
7. The defence officers are the preferred focal points for any cooperation within the framework of this Agreement. They are informed of cooperative activities and can participate in their organization.
Article 9
The financing of cooperation is based on the rules set out in this article, within and within the framework of the budgetary availability of each Party:
1. The sending Party shall pay its transportation costs to and from the place of destination in the territory of the State of the receiving Party of the members of its military and civilian personnel, and the travel allowances due to them, in accordance with the laws and regulations of the State of the sending Party.
2. The host Party shall make available to members of the military and civilian personnel of the State of the sending Party, free of charge, the means necessary for the exercise of their administrative functions.
3. For members of the military and civilian personnel of the State of the sending Party carrying out short or long-term stays in the territory of the State of the host Party (with the exception of joint exercises and trainings whose modalities of financial support are provided by a specific arrangement), the sending Party shall ensure the costs of transport, accommodation and food in accordance with the laws and regulations of the State. The host Party shall not provide for any travel expenses for military and civilian personnel and their accompanying family members. However, the host Party may pay, on a case-by-case basis and in accordance with the programme of the visit, the only service transportation costs and telephone service communications with the sending Party within its territory.
4. For training courses in military training bodies and military units, the French Party is studying the possibilities of taking charge of school fees.
5. The right to benefits of the military health service of the host Party and the financial management of these benefits are governed by the provisions of NATO SOFA.
Article 10
During the performance of their duties, military and civilian personnel may stay with their families in the territory of the host Party State. The identity of family members residing in the territory of that State with a member of the military or civilian personnel is indicated in a correspondence addressed by either Party. Members of the family who have the nationality of a third State to the European Union remain subject to the regulation of the State of the receiving party in matters of entry and residence in its territory.
Article 11
1. The members of the French military and civilian personnel residing in the territory of the Slovak Republic are under the authority of the Government of the French Republic through the French Embassy in Bratislava.
2. Under this Agreement, Parties may agree to send technical military co-operators to the competent authorities of either Party. The Parties shall agree in a particular arrangement or agreement on the terms and conditions of such consignment.
3. Members of the Slovak military and civilian personnel residing in the territory of the French Republic under this Agreement shall be under the authority of the Ministry of Defence of the Slovak Republic.
4. During their stay in the territory of the host Party, this staff retains its national military or civil status.
5. During their stay in the territory of the host Party, members of military and civilian personnel and members of their families respect the internal legal order of that State. Military and civilian personnel also comply with the military regulations in force within the host State.
6. Members of the military personnel of the sending Party shall wear uniform and military insignia in accordance with the regulations in force in the armed forces of the sending Party. The circumstances under which they wear their uniform are determined by the State authorities of the host Party, in accordance with the regulations of the host Party.
7. Members of the military personnel of the State of the sending Party may hold and carry their weapons provided that they are authorized by the regulations that apply to them. The State authorities of the host Party shall consider carefully the requests submitted by the sending Party in this regard.
8. Members of military and civilian personnel authorized to conduct military vehicles in the territory of the sending Party are authorized to conduct vehicles of the same category in the territory of the receiving Party in accordance with the terms and conditions provided by the NATO SOFA.
9. The authorities of the State of the sending Party are competent in matters of discipline vis-à-vis their military and civilian personnel. Disciplinary requirements for military and civilian personnel of the State of the host Party shall be communicated to each member of the military and civil personnel of the State of the sending Party. The State authorities of the host Party inform the State Embassy of the Party of sending the actions of a member of the military or civil personnel of the State of the sending Party contrary to the disciplinary requirements in force in the State of the host Party.
Article 12
1. In the event of the death of a member of the military and civilian personnel in transit or in residence on the territory of the State of one of the Parties, during or during a joint exercise or training, the death must be declared to the competent authority of the State of the host Party. Death is recorded by a doctor authorized by the State of the receiving Party who establishes an act of death.
2. If the judicial authority of the State of the host Party orders the autopsy of the deceased, it shall be carried out by the doctor designated by that judicial authority. A military doctor from the sending Party State may attend the autopsy.
3. The military authorities of the deceased may dispose of the body as soon as the authorization has been notified to them by the military authority of the host Party. The transport of the body is carried out in accordance with the regulations of the State of the host Party.
4. The transportation costs of the body are borne by the sending Party.
Article 13
With regard to the status of staff, for the rules relating to the determination of the competent jurisdiction in the event of an offence and the regulations of damage, the provisions of NATO SOFA apply.
Article 14
All information produced or exchanged as part of the implementation of this Agreement shall be used, communicated, stored, processed and protected in accordance with the General Agreement on Security between the Government of the Slovak Republic and the Government of the French Republic on the exchange of classified information, signed in Paris on 20 March 1997.
Article 15
Any dispute arising from the interpretation or application of this Agreement shall be settled exclusively by negotiation between the Parties.
Article 16
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. Parties may at any time of mutual agreement complete or amend this Agreement through a written amendment. The entry into force of the amendments shall take place in accordance with the requirements of paragraph 1.
3. This agreement is concluded for an indefinite period. Each of the two Parties may denounce this Agreement in writing. This denunciation takes effect 90 days after notification to the other Party.
4. The Agreement between the Minister of Defence of the French Republic and the Ministry of Defence of the Slovak Republic concerning bilateral cooperation in the field of defence, signed in Paris on 21 June 1994 and amended on 24 January 2002 is repealed on the date of entry into force of this Agreement.
Done in Bratislava on 4 May 2009, in two original copies, each in French and Slovak languages, both versions being equally authentic.
Done on 19 September 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
For the Government
of the French Republic:
Jean-Marie Bockel
Secretary of State for Defence
and Veterans Affairs
For the Government
of the Slovak Republic:
Jaroslav Baska
Minister of Defence
