Law No. 134 Of 29 June 1998

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

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Law No. 134 of 29 June 1998 on 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 the PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 252 of 7 July 1998, the Romanian Parliament adopts this law.


The sole article Shall ratify 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.
This law was adopted by the Senate at its meeting on 9 April 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU this law was adopted by the Chamber of deputies at its meeting on 9 June 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. M. CHAMBER of DEPUTIES PRESIDENT PAULA 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 the Ministry of defence of the Italian Republic, hereinafter referred to as the parties, reafirmand attachment towards their objectives and principles of the Charter of the United Nations, recalling that the objectives and principles of the Charter of Paris for a new Europe as well as the signature by the European States of the Treaty on the conventional armed forces in Europe offers a new dimension in 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 military activities and strengthen security by measures to increase confidence and security in the light of the Vienna Document on the negotiations on confidence-building measures and mutual 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, stressing its intention to promote, within the framework of the partnership for peace, the relations existing between them on the basis of friendship and cooperation including to enhance their bilateral agreements with other measures of strengthening mutual confidence and security, have agreed as follows: Article 1 purpose of agreement the Contracting Parties shall act in compliance with regulations and performed legal force in order to develop military cooperation in a spirit of friendship and mutual understanding.


Article 2 cooperation, military Cooperation between the two military sides will be achieved in the following areas:-military and security policy;
-military aspects of arms control and disarmament;
-organizing, equipping, and management of the armed forces of the military institution;
-selecting, training and improvement of the preparation of military and civilian personnel;
-financial and accounting system of the Army (getting the budgetary funds);
-Logistics, especially as regards the systems and procedures for supply, and military medicine;
-topogeodezie service activity and hydrography;
-military history, military museums and publications;
-establishment and endowment with modern systems and means of defence;
the purchase of materials to the defence;
military-technical assistance;
-industrial cooperation between companies producing defense industry;
-quality assurance of the products delivered by the two defence ministries;
cultural and sporting activities in the army;
-military justice and military law issues.
Activities referred to in this agreement may be extended or limited by a mutual understanding between the two sides.
In order to implement cooperation in some of the areas mentioned above, we can conclude additional agreements or protocols for the application, containing the details of the issues in the case.


Article 3 the forms of realization of cooperation cooperation between the two sides will be realized through the following main forms:-official and working visits of delegations headed by senior representatives;
-exchanges of experience of specialists from different fields of activity;
-contacts between military institutions with similar profile;
-the exchange of lecturers and students between educational institutions, the military and the teaching materials;
-participation in courses, seminars and symposia;
-reciprocal visits of vessels;
-Exchange of information materials and studies;
cultural and sporting activities;
-the granting of mutual assistance technique for defining technical characteristics of tactico-systems and the means necessary for defence needs, to which the parties agree to cooperate;
-the establishment of programmes of cooperation for establishment and equipping armies parties with new types of systems and technical means of Defense, as well as for the modernization of existing ones;
-acquisition, direct and/or through agreements with companies producing military products, equipment and materials for the needs of Defense, which will be established by mutual agreement between the parties;
-supporting initiatives designed to promote industrial cooperation between the companies producing technical systems and means of defence;
-the Organization of regular exercises in Black Sea naval air and/or in the Mediterranean Sea.


Article 4 Obligations of the parties concerning the protection of the information of each party) will guarantee the treatment materials, projects, drawings, technical data and any secret information received on the basis of this agreement, to a classification level at least equal to that of their own materials, documents and information corresponding to that established by the party that it has issued, and shall take all measures necessary as this classification to be maintained as long as the delivered otherwise.
  

b) Through information, documents and/or secret materials shall mean those stands which contain information protected by classification as secret and any communication in any circumstances or ways, containing such information.
  

(c) the correspondence between steps) classification for protection of the parties is as follows: ITALIAN REPUBLIC ROMANIA — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-SECRET SECRET SECRET SECRETO/RISERVATISSIMO/CONFIDENTIAL SECRET SERVICE RISERVATO/RESTRICTED d) will ensure that the parts of the documents, materials and technologies exchanged will be used exclusively for the purposes laid down, according to the understanding between them, in accordance with the objectives of this agreement.
  

e) onward transfer of data, information, documents and technical materials, secret or unclassified military, according to the provisions of this agreement, shall be subject to prior approval, by both the Government and the bodies and firms they have provided, unless otherwise ordered by an agreement between the parties.
  

f) Visits the party Visits citizens ' bodies or firms working in the field of defence, under the jurisdiction of the other party, shall be requested through official channels, 40 days before the start, and will be subject to authorization by the competent authorities of the country to be visited.
Applications must contain the information complete identity of visitors, body or company membership, categories of secrets that delegates or experts are entitled to be aware of the object, purpose and duration of the visit.
If the visits are aimed at access to secret information, it is necessary to the existence of a certificate attesting the identity of visitors favourably, as empowerment and rules of secrecy.

g) where, for the purposes of this agreement, subject to exchange intelligence in industry and/or between companies of the parties, it is necessary to conclude separate agreements between the competent authorities of the two sides.
  

For the purposes of the provisions of these agreements, the validity of clauses concerning the classification contained in this agreement, and will expand over the classified information within the contractual negotiations.


Article 5 Obligations of the parties under other international agreements, forms of cooperation that will be agreed upon between the two parties, the terms of this agreement, shall be in accordance with the national laws of the parties, shall not affect the obligations for each party from other international agreements signed by them and shall be in accordance with the guidelines of international political parties.


Article 6 Joint Commission In order to meet the objectives and application of the provisions of this agreement, the parties set up a joint military Commission of the Romanian-Italian, still called the Commission.
The Commission will have the following composition: a Chairman, a Secretary and members for each part.
In addition to these, the conduct of meetings will be attended by a number of experts considered it necessary.
From Romania, copresedintia will be provided by the Secretary of State, Chief of the Department of Defense policy and international relations, or delegate, or.
The part of the Italian Republic, copresedintia will be provided by the Head Office of general military policy or delegate.
As Secretary of the Commission, to the responsible officer will be designated with the Romanian-Italian relations in the military field within the Department of international military relations Division's analysis of the political-military and international relations.
As Secretary of the Commission, on behalf of the Italian Republic will be designated an international relations officer from the general policy framework of the Office of the Chief of military Defense.

The Commission will meet, as a rule, once a year, alternately in Romania and the Italian Republic in the period will be agreed. Sessions of the Commission will be led by the head of delegation of the host Party.
In their capacity as members of the Commission, will be employed atasatii militari in the preparation and conduct of activities to be performed in accordance with the provisions of this agreement.


Article 7 of the Joint Technical Committee of the italian-Romanian for the application of the provisions of this agreement in the field of systems and technical means necessary for its own defence needs, the parties will form a technical Committee of the joint Romanian-italian, hereinafter called the Joint Technical Committee.
The Joint Technical Committee will have the following composition: a Chairman, a Secretary and members of each party. If and when necessary, joint technical Committee will also include other experts.
From Romania, copresedintia will be provided by the Secretary of State, Chief of the army's Logistics Department and inzestrarii, or delegate, or.
The part of the Italian Republic, copresedintia will be provided by the Secretary of Defense, the national armaments director, or delegate, or.
As Secretary of the Joint Technical Committee, from Romania will be appointed officer in charge of the Romanian-Italian relations in the field of systems and technical means necessary for its own needs in the Department of Defense and army logistics inzestrarii of the Ministry of national defence of Romania.
As Secretary of the Joint Technical Committee of the Italian Republic will be appointed officer in charge of the Italian-Romanian relations in the field of systems and technical means necessary for its own defense needs from Section III-armaments Policy of the Office of the Secretary general of the defence of the Italian Republic.
The Joint Technical Committee will meet, as a rule, once a year, alternately in Romania and the Italian Republic in the period will be agreed, and its sessions will be led by the head of delegation of the host Party.
Shall be permanent members of the Technical Committee and/or officers mixed specialists directly involved in achieving compartments provisions of this agreement.
The Joint Technical Committee will perform the following functions: 1. to identify and establish the possible sectors for cooperation and support of the studies, in order to determine the characteristics of systems and technical resources needed for defence needs;
2. fostering and promoting industrial cooperation, including activities for the production of systems and technical resources needed for defence needs.
3. facilitation activities, relationships and direct transactions between companies producing technical materials and systems necessary for defence needs, as well as between them and governmental bodies in the two countries;
4. support for technical assistance and training, the development of collaborative programs required;
5. submission of national authorities for examination of proposals and recommendations for the achievement of the objectives of this agreement.
Study and deepening specific issues, joint technical Committee will be able to propose, if necessary, to establish working groups, composed of officers of the two sides and/or specialists in other departments, organs of Government or industry.
These working groups will make joint technical Committee.
Heads of the working groups will be designated by mutual agreement, the relevant authorities of the parties.
The Parties shall appoint external technical cooperation Department of the Department of the army logistics inzestrarii and Ministry of national defence of Romania and Section III armaments Policy of the Office of the Secretary general of the defence of the Italian Republic, that specialized bodies and contact points for coordinating the activities concerning cooperation in the development of systems and means of Defense.
Each side will interfere with their good offices to ensure that societies to honour its contractual commitments in the framework of the cooperation provided for in this agreement.


Article 8 cooperation Planning based on the provisions of this agreement, the parties will prepare annual programmes of cooperation.
Preparation programs mentioned will have to be completed at the latest by 15 November of the previous year when the programmes, after consultations among the members of the Commission and of the Technical Committee of the joint.
These programmes of cooperation will be signed by the Joint Military Commission and the copresedintii of the Technical Committee of the joint or other authorized person of the two sides, but no later than 1 December of the previous year of operation of the program.
Collaborative programs will include: a) the name and the country where activities are conducted;
  

b) duration and period;
  

c) the number of participants and the bodies responsible for carrying out, as well as other data needed.
  

Each Party shall inform the interested bodies in their own industries/country over this agreement in the parts which concern them and will determine in agreement with these internal rules in order to facilitate implementation.
In accordance with the laws and regulatory acts, with each party will assist the other party in any activity which you pursuant to this agreement.


Article 9 Financial Matters all rights of staff participating in the activities on the basis of the provisions of this agreement and of the annual programme of cooperation will be carried out on the basis of reciprocity, particularly in the case of the delegations, as follows:-receiving side will bear the costs of food and lodging in the military structures for the transport within their territory, as well as expenditure on the medical and dental assistance urgently;
-the part that send their financial rights and will ensure that charges for international transport of their delegations, as well as any other necessary expenses, according to their own rules.
In the case of any other activity, except those of the official delegations, modalities to meet financial obligations will be determined on a case by case basis, based on understanding.
Each party has the obligation to ensure compensation for any prejudice brought to personal property or otherwise, caused by members of the military delegations in the course of applying the provisions of this agreement.


Article 10 settlement of disputes any disputes concerning the interpretation or application of the provisions of this agreement will be resolved by the parties, as soon as possible, through consultations within the Commission or of the Joint Technical Committee, or by the use, by mutual agreement, any other appropriate procedure.
Whenever one party does not have the opportunity to meet or find that the other party does not fulfil some of the provisions of this agreement, the parties will begin, as soon as possible, consultations in order to resolve the issue within the framework of the Commission or of the Joint Technical Committee.


Article 11 Amendments and changes each party may propose amendments or changes at any time to this agreement. In this case, the parties will begin consultations to agree on in relation to the proposed amendments or with changes. Amendments or modifications agreed upon shall enter into force in accordance with the legal procedures of the two sides.


Article 12 duration and expiration of this Agreement shall be concluded for a period of 5 (five) years and shall be extended automatically for a period of one more year, if neither party will notify the other party with at least 6 months before expiry of the period of validity of its intention to terminate it.
This agreement shall enter into force on the date of the last notification regarding the fulfilment of the legal procedures of each party.
Done at Rome on 26 February 1997, in two copies, in Romanian and Italian languages, both texts having equal value.
Minister of national defense Victor Babiuc of Romania, the Defence Minister of the Italian Republic, Beniamino Andreatta — — — — — — — — — — — — — — — —