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Decree No. 2015-841 9 July 2015 On The Publication Of The Cooperation Agreement Between The Government Of The French Republic And The Government Of The Republic Of Tunisia In The Field Of Protection And Civil Security, If...

Original Language Title: Décret n° 2015-841 du 9 juillet 2015 portant publication de l'accord de coopération entre le Gouvernement de la République française et le Gouvernement de la République tunisienne dans le domaine de la protection et de la sécurité civiles, si...

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BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , TUNISIA , CIVILE SECURITE , CIVILE PROTECTION , MUTUAL ASSISTANCE , URGENCE , NATURAL CATASTROPHE , TECHNOLOGICAL AGREEMENT MAJOR ,


JORF n°0159 of 11 July 2015 page 11859
text No. 6



Decree No. 2015-841 of 9 July 2015 on the publication of the cooperation agreement between the Government of the French Republic and the Government of the Tunisian Republic in the field of civil protection and security, signed in Tunis on 16 May 2011 (1)

NOR: MAEJ1515141D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/7/9/MAEJ1515141D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/7/9/2015-841/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:

Article 1


The cooperation agreement between the Government of the French Republic and the Government of the Tunisian Republic in the field of civil protection and security, signed in Tunis on 16 May 2011, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    AGREEMENT
    COOPERATION BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE TUNISIAN REPUBLIC IN THE FIELD OF CIVIL PROTECTION AND SECURITY, SIGNED TO TUNIS on 16 MAY 2011


    The Government of the French Republic, on the one hand,
    And
    The Government of the Republic of Tunisia, on the other hand,
    The Parties shall,
    Aware of the danger to both Parties of major natural disasters and technological accidents,
    Convinced of the need to strengthen cooperation and exchange of information between the relevant bodies of the two Parties in the field of civil protection and security, including training for civil protection actors,
    Attentives to the secular spirit of cordiality and friendship that presides over the relations between the two countries,
    The following agreed:


    Article 1


    For the purposes of this Agreement:


    - "Applicant Party", the Party requesting assistance from the other Party in the form of sending experts, rescue teams or equipment;
    - "Required Party", the Party receiving the request for assistance;
    - "assistance teams", members of relief teams or experts dispatched to the scene of a claim at the request of the requesting Party;
    - "emergency situation", the occurrence of a natural or technological disaster with serious human consequences or likely to have a significant impact on the environment;
    - "equipment objects", equipment, vehicles and personal equipment intended to be used by the assistance teams;
    - "emergency means", additional equipment and other goods carried for each mission and intended to be used by the assistance teams;
    - "operating goods", the goods necessary for the use of equipment objects and the supply of assistance teams.


    Article 2


    Parties shall establish cooperation on:


    - the prediction and prevention of major natural and technological risks;
    - the protection and protection of persons, goods and the environment threatened by a natural disaster (land disturbances, floods, storms, forest fires) or major technology (fires or explosions in industrial facilities or facilities receiving the public, accidents involving the transport of dangerous goods, rail, air, marine, road transport);
    - training for civil protection and security actors;
    - mutual assistance in the event of disasters or serious accidents.


    This cooperation is implemented within the limits of the budgetary opportunities and availability of each Party.


    Article 3


    Co-operation activities take the form of:


    - assistance and advice for the organization of services;
    - the development of texts relating to civil protection and security and the establishment of contingency plans, training for civil protection actors;
    - study of problems of common interest in the prediction, prevention, assessment and management of emergencies;
    - exchanges of experts and specialists and exchanges of information and documentation on civil protection.


    Article 4


    In terms of training and within the limits of budgetary availability, cooperation may take the form of follow-up to an initial university training or initial training of firefighters officers provided in specialized schools of the other Party, but also of the sending of training officers, specialists and technicians to the schools or training institutes of the other Party, or of the sending of trainers to the missions of the appropriate schools
    In cases requiring specific expertise, each Party shall designate experts with the skills required to perform the mission.


    Article 5


    Parties shall provide mutual assistance in the event of major disasters or accidents as follows:
    1. Each Party, upon official request of the other Party, shall provide all possible assistance in the event of an emergency. The request for assistance must be addressed through the usual diplomatic channels, specifying the nature of the disaster and transmitting a first estimate of its magnitude and the need for assistance.
    2. The request for assistance may include either a technical expertise or a backup.
    3. The receipt of the assistance request does not automatically imply a positive response from the requested Party. Each Party shall maintain its full freedom in deciding whether or not to grant relief, including based on the foreseeable risks to its territory, its own ongoing operations and the availability of its relief teams.
    4. The requested Party shall inform the requesting Party, as soon as possible, of the response it intends to provide to the requesting Party, of the nature of the assistance it provides by specifying the composition of the assistance teams, the speciality of the experts, and the objects of equipment, means of relief and operating assets carried. It must also indicate the mode of transport used to travel to the scene of the disaster and the foreseeable point of passage from the border.


    Article 6


    1. The intention to use aircraft must be brought promptly to the attention of the competent authorities of the requested Party. In the event of an agreement on the disposition of aircraft, the requested Party shall indicate as accurately as possible the type and mark of the aircraft, the composition of the crew and the load, the time of departure, the intended itinerary and the place of landing.
    2. The legislation of each Party relating to air traffic remains applicable, including the requirement to transmit flight information to the competent control bodies.


    Article 7


    1. It is the responsibility of the requesting Party's authorities to direct relief operations and to provide any useful instructions to the person responsible for the assistance team of the requested Party.
    2. The assistance team of the requested Party shall remain under the exclusive authority of its official for the performance of the mission established by the requesting Party.
    3. Members of the required Party's assistance team have free access in all places claiming their intervention within the boundaries of the area entrusted to them by the requesting Party.
    4. As necessary, the requesting Party shall make an interpreter available to the assistance team of the requested Party and provide the necessary means of transmission to the Command of Relief Operations.


    Article 8


    1. For the purpose of ensuring the effectiveness and speed of interventions, each Party facilitates border crossing procedures.
    2. To this end, each member of the assistance team of the requested Party must bear a valid travel document.
    3. As part of their mission, members of the assistance team may stay in the territory of the requesting Party without a visa or residence permit under the conditions provided by the laws and regulations of that Party.
    4. The person in charge of the assistance team of the requested Party shall be provided with a document attesting to the relief mission, the type of unit (s) that composes (nt) this team and the number of persons that are part of it. This document is issued by the authority to which the assistance team is subordinate.
    5. Members of the assistance team of the requested Party may wear their uniforms during their intervention in the territory of the requesting Party.
    6. No weapons, ammunition or explosives may be introduced by the members of the assistance team of the requested Party in the territory of the requesting Party.


    Article 9


    1. The head of each assistance team of the requested Party shall be provided with a summary statement of the equipment objects, means of relief and operating assets carried, certified, except in emergency cases, by the Authority to which the team is subordinated. Assistance teams shall carry only objects of equipment, means of relief or operational assets that are essential to the fulfilment of the mission.
    2. Equipment objects as well as emergency and operating assets that were not used during the relief mission must be rerouted to the territory of the requested Party. If specific circumstances do not permit, the Authority responsible for the assistance mission of the requested Party shall be informed of it. In addition, the Customs Authority of the requesting Party must also be notified.
    3. The emergency medical teams of the requested Party shall intervene with their regulatory equipment. The provision for emergency care of these teams includes drugs containing substances classified as narcotics and psychotropic to meet emergency medical needs. These drugs can only be held by doctors who are responsible for it. They may only be used by qualified medical personnel acting in accordance with the legal and regulatory provisions of the requested Party. The requesting Party retains the ability to conduct on-site controls.


    Article 10


    The assistance teams of the requested Party shall be fed and housed for the duration of their mission and, where necessary, the aircraft shall be supplied at the cost of the requesting Party. They must also receive, if necessary, all necessary medical assistance.
    The requesting Party may at any time cancel its request for assistance. In this case, the requested Party may request reimbursement of costs incurred by the requested Party. The reimbursement shall be made immediately after the request has been made.
    The requested Party is required to ensure the members of the assistance teams sent.


    Article 11


    1. The requesting Party shall reimburse the required Party for the disbursements caused by an accident during a assistance mission, whether the benefits paid or maintained to its agent or its entitled persons, or for the repair or replacement of the damaged, destroyed or lost equipment.
    These benefits or repair or replacement costs are assessed in accordance with the legislation and regulations of the State of origin of the agents or materials.
    These stipulations are also applicable where the author of the harmful facts is a third party in relation to emergency operations.
    2. If, in the territory of the requesting Party's State, during the performance of the missions provided for in this Agreement, a member of the assistance team of the requested Party shall cause injury to a natural or legal person, the compensation shall be provided by the requesting Party under the same conditions as if that injury had been caused by a member of its own relief teams.
    3. The requesting Party may apply to the requested Party for reimbursement of the costs it incurred when an officer of the requested Party voluntarily caused unwarranted damage by the completion of the mission.


    Article 12


    The disengagement of the means implemented under this Agreement shall be carried out in the following manner. At the end of the mission, where the requesting Party makes available to the requested Party the means that had been lent to it, the requesting Party shall, on the one hand, inform the person responsible for the means that have taken place and, on the other, the competent authorities of the requested Party.
    In the course of a mission, the requested Party shall decide to discontinue the provision of its means, and shall notify the requesting Party in writing, which shall forthwith transmit this information to the person responsible for such means. The decision of the requested Party must be implemented without delay and cannot be discussed by the requesting Party.
    At the end of the mission, the requesting Party shall provide the requested Party with a summary of the magnitude of the disaster and the conduct of relief operations. When the requested Party has carried out a mission of expertise, it is required to submit a report of expertise to the requesting Party as soon as possible.


    Article 13


    A joint civil protection and security commission shall be established between the two Parties and shall be responsible for proposing to the Ministers responsible for the Interior of each of the Parties, which shall determine its composition, any action to strengthen the collaboration between their services dedicated to prevention, protection and relief.
    Actions related to cooperation between Parties are agreed and implemented within the framework of this joint commission. The Party shall issue notices on the particular cases submitted to it by either Party and shall promote the exchange of information and experiences among them.
    It meets regularly, but may also be convened at the request of one of the Parties.


    Article 14


    In order to promote and develop forecasting, prevention and mutual assistance in the event of disasters or serious accidents, Parties agree to establish regular contacts by exchanging all relevant information and providing periodic meetings.


    Article 15


    With the exception of information that, under the laws or regulations of the requesting Party are not communicable, information obtained during the missions carried out under this Agreement may be published in accordance with the rules in force in each country.


    Article 16


    Unless otherwise agreed by the Parties on a case-by-case basis, the areas of cooperation referred to in Articles 2, 3 and 4 shall be financed by the requesting Party, within the limits of the budgetary availability of the Parties.
    The financial provisions applicable to the assistance provided for in Articles 5 to 12 shall, except as provided for in the specific provisions of the said Articles, be mutually agreed between the Parties, on a case-by-case basis, within the limits of the budgetary availability of the Parties.


    Article 17


    Any dispute relating to the application of this Agreement shall be settled by the Parties through consultation and negotiation.


    Article 18


    This Agreement repeals the Convention between the Government of the French Republic and the Government of the Republic of Tunisia on permanent cooperation and mutual assistance in the field of civil protection and security signed in Tunis on 22 March 1976.


    Article 19


    1. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last notification transmitted by diplomatic means of the fulfilment by each Party of the required internal procedures with respect to the entry into force of this Agreement.
    2. This Agreement shall be concluded for a period of five years and renewable for periods of the same duration by tacit renewal.
    3. Each Party may denounce it at any time by written notification from the diplomatic channel to the other Party. This denunciation takes effect six months after its notification date. The denunciation of the Agreement does not call into question the implementation of the ongoing actions under the Agreement, unless the two Parties decide otherwise.
    In faith, the undersigned, duly authorized by their respective Governments, signed this Agreement.
    Done in Tunis on 16 May 2011, in two original French and Arabic copies, both texts being equally authentic.


    For the Government of the French Republic:
    CLAUDE
    Minister of the Interior of the Overseas, Territorial Communities and Immigration


    For the Government of the Republic of Tunisia:
    HABIB ESSID
    Minister of Interior and Local Development


Done on 9 July 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Effective July 1, 2015.
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