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Decree No. 2012-622 Of May 2, 2012, On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Republic Of Estonia On Cooperation In The Field Of Defence, Signed In Paris On 13, Seven...

Original Language Title: Décret n° 2012-622 du 2 mai 2012 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République d'Estonie relatif à la coopération dans le domaine de la défense, signé à Paris le 13 sept...

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Information on this text

Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

AND EUROPEAN AFFAIRS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , ESTONIA , DEFENSE , COOPERATION AGREEMENT


JORF n°0105 du 4 mai 2012 page 7896
text No. 12



Decree No. 2012-622 of 2 May 2012 on the publication of the agreement between the Government of the French Republic and the Government of the Republic of Estonia on cooperation in the field of defence, signed in Paris on 13 September 2011 (1)

NOR: MAEJ1221659D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/5/2/MAEJ1221659D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/5/2/2012-622/jo/texte


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 le Decree No. 49-1271 of 4 September 1949 publishing the North Atlantic Treaty, signed in Washington on April 4, 1949, known as the Atlantic Treaty;
Vu le Decree No. 52-1170 of 11 October 1952 publishing the London Convention of 19 June 1951 on the Status of Forces of States Parties to the North Atlantic Treaty;
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. 95-820 of 23 June 1995 publishing the treaty of understanding, friendship and cooperation between the French Republic and the Republic of Estonia, signed in Paris on 26 January 1993;
Vu le Decree No. 2001-462 of 22 May 2001 publishing the agreement between the Government of the French Republic and the Government of the Republic of Estonia with a view to avoiding double taxation and preventing tax evasion and tax evasion in respect of income and property taxes (as a whole protocol), signed in Paris on 28 October 1997;
Vu le Decree No. 2006-452 of 18 April 2006 issuing the agreement between the Government of the French Republic and the Government of the Republic of Estonia concerning the exchange and mutual protection of classified information (a joint annex), signed at Tallinn on 17 August 2005,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the Republic of Estonia on cooperation in the field of defence, signed in Paris on 13 September 2011, will be published in the Official Journal of the French Republic.

Article 2


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.




A C C O R D


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE STONIA REPUBLIC RELATING TO COOPERATION IN THE FIELD OF
The Government of the French Republic and the Government of the Republic of Estonia,
jointly called the "Parties",
Considering the cooperation between the parties in the field of defence;
Considering the provisions of the North Atlantic Treaty of 4 April 1949;
Considering the Convention between the States Parties to the North Atlantic Treaty on the Status of their Forces concluded on 19 June 1951, as referred to as the "NATO SOFA";
Considering the Treaty of Understanding, Friendship and Cooperation between the French Republic and the Republic of Estonia concluded on 26 January 1993, including its Article 5;
Considering the Convention between the Government of the French Republic and the Government of the Republic of Estonia with a view to avoiding double taxation and preventing tax evasion and tax evasion on income and property taxes, concluded on 28 October 1997;
Considering the Agreement between the Government of the French Republic and the Government of the Republic of Estonia concerning the exchange and mutual protection of classified information, concluded on 17 August 2005;
Considering the desire to strengthen relations of friendship and cooperation between the Parties;
The following agreed:


Article 1


For the purposes of this Agreement, "force", "civil element", "Dependant", "state of origin", "state of residence" are heard within the meaning of the definitions contained in Article 1, paragraph 1, of the NATO SOFA.
"Personal Members" is understood as the personnel of the departments in charge of the security and defence matters of the Parties.


Article 2


1. The purpose of this Agreement is to develop cooperation among Parties in the field of defence.
2. Cooperation between the Parties takes the form of bilateral relations between the security and defence ministries and between the armed forces of the Parties.


Article 3


1. As part of this Agreement, Parties shall implement cooperation that may include:
1.1. Defence and security concepts, particularly in Europe;
1.2. Military planning, organization and equipment of military units, reserve forces and logistics services;
1.3. The administration of ministries responsible for security, defence and military matters and the management of members of a force or civilian component;
1.4. Military training and training of officers and non-commissioned officers;
1.5. Communication and exchange of information between the armed forces;
1.6. Crisis management;
1.7. Acquisition of weapons, supplies and equipment;
1.8. National legislation on the armed forces;
1.9. International humanitarian law;
1.10. Questions relating to military medical services and physical preparation for a military career;
1.11. Military geography;
1.12. Military history;
1.13. Defence planning;
1.14. Cyber defence;
1.15. Language training;
1.16. Any other area agreed by mutual agreement between the Parties and in accordance with their mutual interests.
2. The conditions for the implementation of the cooperation described above may be specified by the conclusion of specific technical agreements or arrangements.


Article 4


1. The areas of cooperation set out in Article 3 of this Agreement may mainly take the following forms:
1.1. Reciprocal visits by official representatives of ministries responsible for defence and security matters;
1.2. Staff visits and training of members of a force or civilian component;
1.3. Temporary establishment of technical military adviser;
1.4. Meetings, consultations and exchange of information at seminars and conferences;
1.5. Exchange of delegations between staff and military units to participate in the planning and execution of military exercises;
1.6. Organization of joint exercises with the participation of specific units and services;
1.7. Aircraft and warship stairs;
1.8. Meetings between staff of military educational institutions;
1.9. Exchange of information, documentation and studies;
1.10. Participation in sporting events;
1.11. Participation of staff in cultural activities.
2. Parties may agree on other forms of cooperation.


Article 5


1. Cooperation in the field of armament is established on topics recognized as mutually beneficial, in accordance with the laws and regulations of each Party and in accordance with the respective interests of the Parties.
2. To this end, Parties shall communicate, exchange information and identify areas in which the development of the information exchange must be made as a priority.
3. In order to implement, coordinate and monitor, within the limits of their responsibilities, cooperation in the field of arms, Parties shall conduct regular meetings between officials of the administrations of each Party responsible for arms.


Article 6


1. Visits are organized between the ministries responsible for security and defence matters, as well as between the heads of staff of the Parties or their representatives, in order to strengthen the exchange of information on current politico-military matters and to define the general conception of bilateral cooperation as provided for in Articles 3 and 4 of this Agreement.
2. As part of the political-military consultations referred to in paragraph 1 of this article, regular bilateral defence cooperation programmes can be signed by the competent authorities of the Parties.


Article 7


1. The classified information produced or exchanged as part of the implementation of this Agreement shall be used, communicated, preserved, processed and protected in accordance with the Agreement between the Government of the French Republic and the Government of the Republic of Estonia concerning the exchange and mutual protection of classified information signed on 17 August 2005.
2. Unclassified information received, or produced as part of the cooperation implemented in accordance with this Agreement, shall be communicated only for official purposes, unless the Party issuing information has consented in writing to the use of information for other purposes.


Article 8


1. As part of this Agreement, the competent authorities of the Parties may agree on the temporary establishment of technical military co-operators from a Party to the competent ministries responsible for the security and defence matters of the other Party.
2. The competent authorities of the Parties agree on the mission and functions of the Technical Military Cooperator. They agree on the conditions, terms and duration of this temporary establishment.
3. The State of residence shall make available to the technical military cooperator, free of charge, the means necessary for the exercise of its official functions.


Article 9


1. Subject to the provisions of Article 8, the Parties agree to cover all their own expenditures related to cooperation under this Agreement, unless they decide otherwise by mutual agreement.
2. For the purposes of taxes on income and on property, as well as the rights of succession and donation, the members of the Staff of the State of origin who have established their residence in the State of residence to exercise their official functions are considered, for the purposes of the application of the convention in order to avoid the double taxations concluded by the State of origin and the State of residence, as conserving their tax residence in the State of origin
3. Paragraph 2 of this section also applies to dependants insofar as they do not engage in a proper professional activity.
4. Salaries, salaries and similar remuneration (other than pensions) paid by the State of origin to the members of the Staff in that capacity are taxable only in that State.


Article 10


1. The State of origin shall communicate in advance to the competent authorities of the State of residence the identity of the members of the Staff and the dependants on their territory. The said authorities are also informed of the termination of the duties of the staff members and the date of their departure from the territory of the State of residence.
2. The provisions of the NATO SOFA shall apply to members of a force or civilian component and to dependants of the State of origin present in the territory of the State of residence under the implementation of this Agreement.


Article 11


1. Any dispute arising from the interpretation or application of this Agreement shall be settled through consultations or negotiations between the Parties.
2. Each Party shall notify the other of the fulfilment of the constitutional procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the day on which the last notification is received.
3. Parties may at any time and agree to amend this Agreement in writing. The entry into force of the amendments shall take place in accordance with the provisions of paragraph 2 of this Article.
4. This Agreement shall be concluded for an indefinite period.
5. Each Party may denounce this Agreement at any time through a written notification. This denunciation takes effect 90 days after the receipt of the notification by the other Party.
6. The denunciation of this Agreement shall not relieve Parties from the performance of their obligations during the period of its application.
7. On the date of the entry into force of this Agreement, the arrangement concerning bilateral defence cooperation signed on 11 May 1994 in Paris between the Minister of Defence of the French Republic and the Minister of Defence of the Republic of Estonia is repealed.
Done in Paris on September 13, 2011, in two original copies, each in French and Estonian languages, both versions being equally authentic.


Done on 2 May 2012.


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:

Gérard Longuet

Minister of Defence

and Veterans Affairs

For the Government

Republic of Estonia:

Mart Laar

Minister of Defence

(1) This Agreement entered into force on 1 January 2012.
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