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Law No. 377 Of 10 December 2009

Original Language Title:  LEGE nr. 377 din 10 decembrie 2009

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LEGE no. 377 377 of 10 December 2009 for the ratification of the Additional Agreement on the accession of the Romanian Government to the Multilateral Memorandum of Understanding on the NATO Joint Programme E-3A, signed in Brussels on 6 December 1978, completed on 10 December 1990, amended on 13 August 1997, and of the Additional Agreement on the accession of the Romanian Government to the Memorandum of Understanding for Operations and Support of the NATO Air Force for Early Warning and Control, signed on September 26, 1984 and revised on March 27, 2003, signed in Bucharest on 19 March 2009
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 888 888 of 18 December 2009



The Romanian Parliament adopts this law + Article 1 The Additional Agreement on the Accession of the Romanian Government to the Multilateral Memorandum of Understanding on the Joint NATO E-3A Programme, signed in Brussels on 6 December 1978, completed on 10 December 1990, amended on 13 August 1997, signed in Bucharest on 19 March 2009. + Article 2 The additional agreement on the accession of the Romanian Government to the Memorandum of Understanding for Operations and Support of the NATO Air Force for Early Warning and Control, signed on September 26, 1984 and revised on March 27, 2003, is ratified. signed in Bucharest on 19 March 2009. + Article 3 Amounts related to the payment of the contributions provided for by the additional agreements 1 and 2 are borne by the state budget, through the budget of the Ministry of National Defence. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished . PRESIDENT CHAMBER OF DEPUTIES ROBERTA ALMA ANASTASE p. SENATE PRESIDENT, TEODOR VIOREL MELESCANU Bucharest, December 10, 2009. No. 377. ADDITIONAL AGREEMENT to the Multilateral Memorandum of Understanding on Joint NATO E-3A program, regarding to the Romanian Government The Governments of Belgium, Canada, Denmark, Germany, Greece, Hungary, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom and the United States (hereinafter referred to as participants), developing the NATO E-3A Joint Programme on the basis of the multilateral Memorandum of Understanding on the NATO Joint Programme E-3A, signed in Brussels on 6 December 1978, completed on 10 December 1990, amended on 13 August 1997, supplemented on 11 December 1998 for the accession of Spain, amended on 8 April 2004, supplemented on 22 December 2005 for the accession of Hungary, amended on 14 February 2006, and supplemented on 29 December 2006 for the accession of Poland (hereinafter referred to as MMOU, as amended and subsequent additions), following the request of the Romanian Government to participate in the NATO Joint Program E-3A according to MMOU, with subsequent amendments and completions, and following consultations on the accession of the Romanian Government, have concluded that, by accepting the detailed conditions in the following articles, the Romanian Government adheres to MMOU, with subsequent amendments and completions, and agrees: + Article I The Government of Romania, by this document, adheres to the MMOU, with subsequent amendments and completions, and will comply with its provisions, of the implementing agreements and of the documents and decisions approved by the Board of Directors (BOD) Organization for the Management of the NATO Program AEW and C (NAPMO). + Article II The Romanian Government, as a member of NAPMO, will have a representative with the right to vote in NAPMO BOD and in the NAPMO committees under the same conditions as all other NAPMO members. Under no circumstances will the Romanian Government have rights, including the right to vote, on aspects of the NATO AEW and C Program previously decided to join the Romanian Government and in relation to which the Romanian Government had no contribution financial. + Article III Taking into account the financial contribution ceiling of participants of US $200 million for the Large Aircraft Infrared Counter Measures (LAIRCM) project, as set out in the MMOU, with subsequent amendments and completions, The Romanian Government will contribute 1,5504% of the total amount of contributions to the LAIRCM project. The Romanian Government will also pay: a) the amount of 618,610 U.S. dollars, which is equivalent to 1,5504% of the amount required of the other approved NAPMO projects that are in progress ($39.9 million U.S.); b) an amount equal to 1,5504% of any other approved expenses, resulting from the NATO AEW and C Program from the date of entry into force of this additional agreement; and c) starting from 2009, the annual contributions to the NATO E-3A costs for operations and support, as defined in the Supplementary Agreement on the Accession of the Romanian Government to the Memorandum of Understanding for Operations and Support NATO Force AEW and C, signed on 26 September 1984 and revised on 27 March 2003. + Article IV The Romanian Government will designate the staff to work within NAPMA, in accordance with the policies and procedures approved by NAPMO BOD. + Article V This additional agreement at the MMOU, with subsequent amendments and completions, will enter into force on the date of the last signature. For the Government 14 14 November 2008 Pieter de Crem, Defence Minister For the Government 29 29 July 2008 indecipherable For the Government 6 6 November 2008 Per Pugholm Olsen For the Government 28 28 October 2008 indecipherable For the Government 17 17 October 2008 indecipherable For Hungarian Government 26 26 November 2008 indecipherable For the Government 25 25 August 2008 Gen. B.A. Gabriele Salvestroni For the Government of Luxembourg 3 3 June 2008 p. Minister of Defence, S. Alzin For the Netherlands Government 8 8 October 2008 Robert F. de Jong, Policy Director the Organisation for Materials For Defence For Ministry Defence of Norway 6 6 June 2008 indecipherable For the Government 1 1 December 2008 Zenon Kosiniak-Kamysz For the Government 16 16 December 2008 Carlos Alberto Viegas Filipe, General manager of armaments and defence equipment For the Government 23 23 June 2008 Juan Antonio Carrasco Juan, Director General of the Planning For The Government 28 28 April 2008 Tacan Ildem, ambassador, Turkey's permanent representative to NATO For the United Kingdom Government 23 23 October 2008 indecipherable For the United States Government Richard A. Genaille Jr., Policy Director international business For Romanian Government 19 19 March 2009 Mihai Stanisoara, Minister for Defence "" Subject to fulfilment internal legal procedures " ADDITIONAL AGREEMENT to the Memorandum of Understanding for Operations and support of the NATO Air Force Early Warning and Control, on the Romanian Government's accession The Governments of Belgium, Canada, Denmark, Germany, Greece, Hungary, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom and the United States, developing a joint programme in support of the operations of the NATO AEW and C Force, based on the Memorandum of Understanding for Operations and Support of the NATO Air Force Early Warning and Control, signed on 26 September 1984 and revised to 27 March 2003, supplemented on 22 December 2005 for the accession of Hungary and on 29 December 2006 for the accession of Poland (hereinafter referred to as the MOU for operations and support), following the request of the Romanian Government to participate in the NATO Force AEW and C, according to the provisions of the MOU for operations and support, and following consultations on the accession of the Romanian Government, have concluded that, by accepting the detailed conditions in the following articles, the Romanian Government adheres to the MOU for operations and support and agrees: + Article I The Romanian Government, through this document, adheres to the MOU for operations and support and will comply with its provisions and application agreements. + Article II Since 2008, the Romanian Government will participate in the operations and support of NATO-funded Force elements and will participate in the division of operations and support costs of E-3A, as set out in section VIII of the MOU for operations and support. The annual contribution of the Romanian Government will increase until reaching a fixed contribution of 1,5504% of the budget for operations and support in 2012 (in 2009-0,3876%, in 2010-0,7752% and in 2011-1,1628% of the budget for operations and support, less the value of the DLM contract). The annual contribution of the Romanian Government to the N AEW and C Force Command will be 1,2362% since 2009. The percentage contributions of MOU participants for operations and support will be adjusted according to section VIII para. 2 2 (a) (2). + Article III The Romanian government will designate the personnel to work in the NATO AEW and C NATO Force Command and the NATO E-3A Component, in accordance with NATO's policies and procedures. + Article IV This additional agreement at the MOU for operations and support will enter into force on the date of the last signature. For the Government 14 14 November 2008 Pieter de Crem, Defence Minister For the Government 29 29 July 2008 indecipherable For the Government 6 6 November 2008 Per Pugholm Olsen For the Government 28 28 October 2008 indecipherable For the Government 17 17 October 2008 indecipherable For Hungarian Government 26 26 November 2008 indecipherable For the Government 25 25 August 2008 Gen. B.A. Gabriele Salvestroni For the Government of Luxembourg 3 3 June 2008 p. Minister of Defence, S. Alzin For the Netherlands Government 8 8 October 2008 Robert F. de Jong, Policy Director of the Organisation for Materials intended for Defence For the Norwegian Ministry of Defence 6 6 June 2008 indecipherable For the Government 1 1 December 2008 Zenon Kosiniak-Kamysz For the Government 16 16 December 2008 Carlos Alberto Viegas Filipe, General manager of armaments and defence equipment For the Government 23 23 June 2008 Juan Antonio Carrasco Juan, Director General of the Planning For The Government 28 28 April 2008 Tacan Ildem, ambassador, Turkey's permanent representative to NATO For the United Kingdom Government 23 23 October 2008 indecipherable For the United States Government Richard A. Genaille Jr., Policy Director international business For Romanian Government 19 19 March 2009 Mihai Stanisoara, Minister for Defence "" Subject to fulfilment internal legal procedures " -------------