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Law No. 134 Of 29 June 1998

Original Language Title:  LEGE nr. 134 din 29 iunie 1998

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LEGE no. 134 134 of 29 June 1998 for the ratification of the Agreement on military cooperation between the Ministry of National Defence of Romania and the Ministry of Defence of the Italian Republic, signed in Rome on 26 February 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 252 252 of 7 July 1998



The Romanian Parliament adopts this law + Article UNIC The Agreement on cooperation in the military field between the Ministry of National Defence of Romania and the Ministry of Defence of the Italian Republic, signed in Rome on 26 February 1997, is ratified. This law was adopted by the Senate at the meeting of April 9, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU This law was adopted by the Chamber of Deputies at the meeting of June 9, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA MARIA IVANESCU + AGREEMENT on military cooperation between the Ministry of National Defence of Romania and the Ministry of Defence of the Italian Republic Ministry of National Defence of Romania and Ministry of Defence of the Italian Republic, hereinafter referred to as parties, reaffirming their attachment to the objectives and principles of the United Nations Charter, recalling that the objectives and principles of the Paris Charter for a new Europe, as well as the signing by the European States of the Treaty on the Conventional Armed Forces in Europe offer a new dimension to relations between them, taking into account the commitments made in the framework of the Organization for Security and Cooperation in Europe to promote greater openness and transparency in their military activities and to strengthen security through confidence-building measures and security, Having regard to the Vienna Document on the negotiations on measures to increase mutual trust and security, adopted in 1992, based on the provisions of the Treaty of Friendship and Cooperation between Romania and the Italian Republic, signed in Bucharest on 23 July 1991, underlining the intention to promote, within the framework of the Partnership for Peace, existing relations between them on the basis of friendship and collaboration, including to amplify their bilateral agreements with other measures to strengthen mutual trust and security, agreed the following: + Article 1 Purpose of The signatory parties will also act in compliance with the legal regulations in force for the purpose of developing military cooperation in the spirit of mutual friendship and understanding. + Article 2 Areas of Military The military cooperation between the two sides will be achieved in the following areas: -military and security policy; -military aspects of the control of armaments and disarmament; -organization, endowment, activity and management of the armed forces of the military institution; -selection, training and improvement of the training of military and civilian personnel; -the financial and accounting system in the army (obtaining budget funds); -logistics, especially in terms of supply systems and procedures, and military medicine; -the activity of topogeodesy and hydrography services; -military history, publications and military museums; -realization and endowment with modern defense systems and means; purchase of materials intended for defence; -military technical assistance; -industrial cooperation between the manufacturing companies of the defence industry; -the quality assurance services of the products delivered by the two ministries of defence; -cultural and sports activities in the army; -military justice and military law issues. The activities referred to in this Agreement may be extended or limited by mutual understanding between the two parties. In order to implement cooperation in some of the above areas, additional arrangements or implementing protocols may be concluded, containing the details of the problems in question. + Article 3 Forms of cooperation Cooperation between the two parties will be achieved through the following main forms: -official and working visits of delegations led by high-ranking representatives; -exchanges of experience of specialists from different fields of activity; -contacts between military institutions with similar profile; -exchanges of lecturers and trainees between military educational institutions, as well as teaching materials; -participation in courses, seminars and symposiums; -mutual visits of vessels; -exchange of information materials and studies; -cultural and sports activities; -mutual provision of technical assistance to define the tactical-technical characteristics of the systems and means, necessary for the defense needs, to which the parties agree to collaborate; -establishing cooperation programs for the realization and equipping of the armies of the parties with new types of systems and with technical means of defense, as well as for the modernization of the existing ones; -purchase, direct and/or through agreements with companies producing, military products, equipment and materials for defense needs, which will be established by mutual agreement between the parties; -support initiatives aimed at promoting industrial cooperation between systems producing systems and technical means of defence; -regular organization of aircraft exercises in the Black Sea and/or in the Mediterranean. + Article 4 Obligations of the Parties on Information a) Each Party shall guarantee the treatment of secret materials, projects, drawings, technical data and any information of a secret nature, received on the basis of this Agreement, at a level of classification at least equal to that of its own materials, documents and information, corresponding to the one established by the party that issued them, and will take all necessary measures for this classification to be maintained as long as the part that issued them does not have otherwise. b) By information, documents and/or secret materials shall be understood those supports containing information protected by classification as secrets and any communications made in any circumstances or modalities, containing such information. c) The correspondence between the classification steps for protection of the parties shall be as follows: ROMANIA THE ITALIAN REPUBLIC ---------- --------------------- SECRET SECRET SECRET RISERVATISSIMO/CONFIDENTIAL SERVICE SECRET RISERVATO/RESTRICTED d) The parties guarantee that the documents, materials and technologies exchanged will be used exclusively for the purposes established, according to the agreement between them, according to the objectives of e) The transfer to third parties of information, documents, technical data and military materials, secrets or non-portraits, according to the provisions of this Agreement, will be subject to prior written approval of both the Government and the bodies and companies that have made them available, if they have not otherwise been ordered by agreements between the parties. f) Visits Visits by citizens of a party to organs or firms working in the field of defence, under the jurisdiction of the other party, will be required through official channels, 40 days before their start, and will be subject to authorization by the organs. skills of the country to be visited. Applications will have to include the complete identity data of the visitors, the organ or the belonging company, the categories of secrets that delegates or specialists are empowered to know, the object, purpose and duration of the visit. If the visits are aimed at access to secret information, it is necessary to have a certificate stating favorably the identity of the visitors, according to the enabling procedure and the rules of secrecy. g) If, for the purposes of this Agreement, the secret information is the object of the exchange in the field of industry and/or between firms of the parties, it is necessary to conclude separate agreements between the competent authorities of the two Parts. Within the meaning of the provisions of these agreements, the validity of the classification clauses, contained in this Agreement, shall also be extended to classified information under the contractual arrangements. + Article 5 Obligations of the Parties in accordance with other international agreements The forms of cooperation that will be agreed between the two parties, under the terms of this Agreement, will be consistent with the national laws of the parties, will not affect the obligations resulting for each part of other international agreements signed by these and will be in line with the parties ' international political guidelines. + Article 6 Joint Commission In order to achieve the objectives and the application of the provisions of this Agreement, the Parties shall set up the Romanian-Italian Joint Military Commission, The commission will have the following composition: a president, a secretary and members for each side. In addition, a number of experts will participate in the commission's meetings as necessary. On behalf of Romania, the co-presidency will be provided by the Secretary of State, Head of the Department for Defence Policy and International Relations, or his delegate. From the Italian Republic, the co-presidency will be provided by the head of the General Office of Military Policy or its delegate. As secretary of the commission, from Romania will be designated the officer responsible for the Romanian-Italian relations in the military field of the International Military Relations Section of the Political-Military Analysis and International Relations Directorate. As secretary of the commission, an officer responsible for international relations in the framework of the General Office of Military Policy of the Defence Staff will be appointed from the Italian Republic. The Commission will, as a rule, meet once a year, alternatively, in Romania and in the Italian Republic, in periods to be agreed. The sessions of the committee will be conducted by the head of the delegation In their capacity as members of the commission, military attachés will be engaged in the preparation and conduct of activities to be executed in accordance with the provisions of this Agreement. + Article 7 Romanian-Italian Joint Technical Committee For the application of the provisions of this Agreement in the field of the realization of systems and technical means necessary for their own defence needs, the Parties shall constitute a Romanian-Italian Joint Technical Committee, hereinafter referred to as The Joint Technical Committee will have the following composition: a President, a Secretary and Members of each Party. If and when necessary, the Joint Technical Committee will include other experts. On the part of Romania, the co-presidency will be provided by the Secretary of State, head of the Department of endowment and logistics of the army, or his delegate. On the part of the Italian Republic, the co-presidency will be provided by the Secretary-General of Defence, national director for armaments, or his delegate. As secretary of the Joint Technical Committee, on behalf of Romania will be designated the officer responsible for the Romanian-Italian relations in the field of the realization of systems and technical means necessary for the own defense needs in the Department of Army logistics of the Ministry of National Defence of Romania. As secretary of the Joint Technical Committee, from the Italian Republic will be designated the officer responsible for Italian-Romanian relations in the field of the realization of systems and technical means necessary for the own defense needs of the Third Section- Arms policy of the Office of the Secretary-General of Defence of the Italian Republic. The Joint Technical Committee will, as a rule, meet once a year, alternatively, in Romania and in the Italian Republic, in periods to be agreed, and its sessions will be led by the head of the delegation of the host party. Will be permanent members of the Joint Technical Committee officers and/or specialists of compartments directly interested in carrying out the provisions of this Agreement. The Joint Technical Committee shall perform the following functions 1. identification and establishment of possible sectors of collaboration and support of studies, in order to determine the characteristics of the systems and technical means necessary for the defense needs; 2. favoring and promoting industrial cooperation, including production activities, for the realization of systems and technical means necessary for defense needs. 3. facilitation of activities, relations and direct transactions between the companies producing systems and technical materials necessary for the defense needs, as well as between them and the governmental bodies of the two countries; 4. supporting technical assistance and training, necessary for the development of collaboration programs; 5. submission for examination to the national authorities of proposals and recommendations for the achievement of the objectives of this Agreement in the best conditions. For the study and the deepening of specific problems, the Joint Technical Committee will be able to propose, if necessary, the establishment of working groups, composed of officers of the two parties and/or specialists from other departments, governmental bodies or industry. These working groups will be subordinated to the Joint Technical Committee. The heads of the working groups will be designated by mutual agreement by the appropriate authorities of the parties. The Parties designate the External Technical Collaborations Section of the Department of Military Endowment and Logistics of the Ministry of National Defence of Romania and the Third Section of the Office of the Secretary-General of Defence of Romania The Italian Republic, as specialized bodies and points of contact for the coordination of activities relating to collaboration in the field of the realization of systems and means of defense. Each party will intervene with its own good offices in order for the companies to honour the contractual commitments made under the collaboration provided for in this Agreement. + Article 8 Planning cooperation Based on the provisions of this Agreement, the Parties shall prepare annual cooperation programmes. The preparation of the said programmes will have to be completed by 15 November of the year before the programmes, after consultations between the members of the Commission and the Joint Technical Committee, respectively. These cooperation programmes will be signed by the co-chairs of the joint military commission and the Joint Technical Committee or other empowered persons of the two parties, no later than 1 December of the year before the programme was carried out. The collaboration programmes will include: a) the name of the activities and the country in which it b) duration and period of activities; c) the number of participants and bodies responsible for meeting them and other necessary data. Each Party shall inform the relevant bodies/industries of its own country of the content of this Agreement in the Parties concerning them and shall agree with them internal rules in order to facilitate its application. In accordance with national laws and regulations, each party shall assist the other party in any activity related to the application of this Agreement. + Article 9 Financial aspects All financial rights of the personnel participating in the activities on the basis of the provisions of this Agreement and the annual cooperation programme shall be made on a reciprocal basis, in particular in the case of delegations, as follows: -the receiving party will bear the food and accommodation expenses in the military structures, those regarding the transport on its own territory, as well as the expenses related to the provision of emergency medical and dental assistance; -the sending party shall provide financial rights and expenses for the international transport of its own delegations, as well as any other necessary expenses, according to its own regulations. In the case of any other activity, other than those of official delegations, the modalities of incurring financial obligations will be determined, on a case-by-case basis, on the basis of understanding. Each Party shall be required to provide compensation for any damage to personal or other property caused by members of military delegations in the course of the application of the provisions of this Agreement. + Article 10 Dispute resolution Disputes relating to the interpretation or application of the provisions of this Agreement shall be settled by the Parties as soon as possible through consultations within the Commission or the Joint Technical Committee or by mutual recourse to the Agreement. any other appropriate procedure. Whenever one of the parties does not have the possibility to fulfill or considers that the other party does not meet some of the provisions of this Agreement, the Parties shall, as soon as possible, begin consultations to resolve the matter within the Commission or the Joint Technical Committee. + Article 11 Amendments and amendments Each Party may propose amendments or amendments to this Agreement at any time. In this case, the parties will begin consultations to agree with the amendments or the proposed amendments. The agreed amendments or amendments will enter into force in accordance with the legal proceedings of the two parties. + Article 12 Duration and expiration This Agreement shall be concluded for a period of 5 (five) years and shall be automatically extended for a period of one more year if neither Party notifies the other Party, at least 6 months before the expiry of the period of validity, its intention to to denounce him. This Agreement shall enter into force on the date of the last notification of the fulfilment of the legal proceedings of Concluded in Rome, on 26 February 1997, in two copies, in Romanian and Italian, both texts having equal value. Minister of National Defence of Romania, Victor Babiuc Minister of Defence of the Italian Republic, Beniamino Andreatta ----------------