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RS 0.512.164.91 Agreement of 9 June 2012 between the Swiss Federal Council and the Government of the Republic of Poland on bilateral military training cooperation

Original Language Title: RS 0.512.164.91 Accord du 9 juin 2012 entre le Conseil fédéral suisse et le Gouvernement de la République de Pologne sur la collaboration bilatérale en matière d’instruction militaire

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0.512.164.91

Translation 1

Agreement between the Swiss Federal Council and the Government of the Republic of Poland on bilateral military training cooperation

Conclu June 9, 2012

Entered into force by exchange of notes on 28 November 2012

(State on 28 November 2012)

The Swiss Federal Council and the Government of the Republic of Poland,

Hereinafter referred to as "Contracting Parties";

Wishing to promote and expand their relations based on mutual respect and consideration of the interests of the Swiss Confederation and the Republic of Poland;

Underlining the need to strengthen mutual confidence, security and stability in Europe;

Whereas it is imperative to contribute, in the spirit of the Charter of the United Nations 2 Strengthening peace, confidence and stability in the world;

Believing that cooperation in the field of military training is a key element of security and stability;

Guided by the provisions of the " Convention between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace on the status of their forces 3 " Hereinafter referred to as "PpP SOFA" and its Additional Protocol 4 , both concluded on 19 June 1995 in Brussels;

In accordance with the corresponding national legislation of the Contracting Parties and their international obligations;

Agreed to the following provisions:

Art. 1

1. This Agreement sets out the terms and conditions for bilateral cooperation in military training, hereinafter referred to as "cooperation". It defines the legal status of military and civilian personnel and dependants sent by a Contracting Party in the territory of the other Contracting Party.

2. The planning, preparation and execution of combat operations and other military operations shall not be covered by this Agreement.

Art. 2

The following definitions shall apply within the meaning of this Agreement:

1)
The "Host Party" Is the Contracting Party on the national territory of which the collaborative activities are carried out;
2)
The "Sending Party" Is the Contracting Party which sends its personnel to the national territory of the other Contracting Party in order to participate in the cooperation activities;
3)
The "Personnel of the sending Party" Is the military and civilian personnel of the armed forces and the relevant defence ministries of the sending Party involved in collaborative activities, as well as the persons to whom it is responsible.
Art. 3

The following authorities, hereinafter referred to as "the competent authorities", shall be responsible for the implementation of this Agreement:

-
For the Republic of Poland-the Minister of National Defence; and
-
For the Swiss Confederation-the Federal Department of Defence, Population and Sports Protection.
Art. 4

1. In the context of this Agreement, the Contracting Parties may collaborate as follows:

1)
Training of military and civilian personnel in the corresponding training facilities of the Contracting Parties;
2)
Traineeships and evaluations of military and civilian personnel in the corresponding training facilities of the Contracting Parties;
3)
Joint military and civilian training and exercises for the acquisition of practical knowledge and capabilities, at the bilateral level between the Contracting Parties and with third parties, if necessary;
4)
Meetings, conferences, seminars, symposia and training programmes for the exchange of experiences and results of training processes in areas such as:
-
Training and training of military and civilian personnel;
-
Defence planning;
-
Aspects of the armed forces in modern societies, including the implementation of international agreements in specialized fields such as defence, security and arms control, and confidence-building measures And security;
-
The organisation of the armed forces, the structures of military units and the personnel policy and management;
-
Logistics;
-
Civilian democratic control of the armed forces;
-
Armaments and military equipment;
-
Military driving systems, military information and communication systems and the management of information security;
-
Military medicine and military medical care;
-
Military science and research, including defence economics and law;
-
Protection of the environment in relation to military activities.
5)
The sending of observers to exercises and joint exercises in the promotion of peace and humanitarian assistance;
6)
Training in military search and rescue missions, especially in the mountains;
7)
Performing military sporting and cultural activities;
8)
Exchange of knowledge, experience and training between military libraries and museums, including the exchange of exhibits.

2. Other forms of bilateral cooperation than those mentioned above in art. 4, para. 1, may be organised subject to the agreement of the competent authorities.

Art. 5

Agreements on the conduct and organization of the command must be in accordance with the national processes or processes agreed between the competent authorities, focusing on the respective activities of collaboration.

Art. 6

The competent authorities may provide for cooperation plans for specified periods and may be signed by authorised representatives.

(2) The implementation of specific cooperation activities may be settled, between the competent authorities of the Contracting Parties, by agreements governed by this Agreement.

Art. 7

The legal status of the staff of the sending Party shall be governed, during its stay in the national territory of the host Party, by the PpP SOFA and its Additional Protocol.

2. The staff of the sending Party on the national territory of the host Party shall comply with the national legislation of the host Party.

The host Party shall lay down the administrative requirements for the stay of the staff of the sending Party on its national territory and shall assist it in technical matters.

4. The personnel of the sending Party on the national territory of the host Party shall be entitled to wear the military uniform in accordance with the provisions and regulations of the sending Party.

Art. 8

The host Party shall take all necessary measures, within the framework of its national legislation, to ensure security, as well as to prevent and stop any unlawful activity directed against the personnel of the sending Party and the goods in question Its property.

2. The staff of the sending Party shall be responsible for the custody of the facilities and premises made available to it by the host Party, as well as for the security of the physical assets entrusted to it by the host Party or which it brings with it.

3. During the performance of the activities covered by this Agreement, the Host Party shall be responsible for the security of the personnel of the sending Party outside the premises and on the grounds made available to the staff of the sending Party.

4. The staff of the sending Party shall cooperate with the competent national authorities of the host Party, within their competence, in accordance with the national law of the host Party.

Art.

(1) The sending Party may bring weapons and ammunition to the national territory of the host Party within the framework of its national law and exclusively for the attainment of the objectives of this Agreement.

2. The import of arms and ammunition, the types, the specific quantities and the means of use are settled in advance in each particular case.

The importation of arms and ammunition into the national territory of the host Party, their transport, custody and use shall be carried out in accordance with the national law of the host Party.

4. When importing, transporting, storing and using weapons and ammunition, the personnel of the sending Party shall comply with the requirements and safety requirements of the sending Party, provided that the requirements and The corresponding security requirements of the host Party are not stricter.

5. In carrying out joint exercises with the use of weapons and ammunition, the Contracting Parties shall comply with the provisions and requirements of the Host Party in so far as the requirements and the corresponding requirements Of the sending Party is not stricter.

Art. 10

The staff of the sending Party shall be subject to the national legislation of the host Party in the field of environmental protection.

Art. 11

The host Party shall, in accordance with its national legislation, also take measures for the use of its territory by aircraft and motor vehicles of the sending Party and for their access to military installations.

2. The aircraft and motor vehicles of the sending Party shall comply with the requirements of the national law of the host Party.

Art. 12

1. When using aircraft under this Agreement, the sending Party shall respond to their technical condition, their suitability for flight, their equipment and their safe operation.

2. In the event of an accident or incident involving aircraft, all investigations and technical procedures shall be carried out in accordance with the national legislation of the host Party. In such cases, the host Party shall immediately forward to the sending Party all relevant data and information concerning the accident or incident.

3. The technical experts appointed by the sending Party shall be entitled to participate in the Committee of Inquiry, to access the site of the accident and to obtain all relevant information. At the request of the sending Party, the host Party may appoint technical experts from the sending Party to proceed with parts of the investigation. The report on the results of the investigation must be submitted to the sending Party.

4. The sending Party shall have the right to conduct its own technical investigation of an accident or incident involving an aircraft of the sending Party, if it has occurred on the territory of the host Party. The costs of this investigation are borne by the sending State.

Art. 13

Personnel of the sending Party shall meet the requirements of medical and physical fitness and shall have the qualifications and capacities required by the host Party for the activities concerned.

2. The sending Party shall not send personnel who do not have sufficient health insurance coverage.

At the request of the sending Party, the host Party shall transmit information concerning special risks to be covered by the health insurance.

The Host Party shall provide the personnel of the sending Party with medical and dental treatment, the scope and quality of which shall be the same as those provided to the military and civilian personnel of the competent authorities.

5. Emergency medical assistance for personnel of the sending Party shall be provided free of charge by the host Party. At the request of the sending Party, the continuation of the treatment of patients and their transfer to medical facilities shall be provided or carried out by the host Party. In such cases, all the resulting costs shall be borne by the sending Party.

Art. 14

The sending Party shall ensure that the equipment of its personnel corresponds to the requirements of the host Party for the activity concerned.

2. At the request of the sending Party, the host Party shall make available information on the equipment required.

Art. 15

1. The Contracting Parties shall bear their own costs arising out of the activities covered by this Agreement except for other provisions on this subject.

2. The costs of official events shall be borne by the host Party with the exception of other provisions in this regard.

3. No obligation, not even the obligation to reimburse the costs, shall be the responsibility of the Contracting Parties if it is not governed by this Agreement or by other conventions concluded by the competent authorities of the Contracting Parties in accordance with Art. 6, para. 2.

Art. 16

To the extent necessary to achieve the objectives of this Agreement, the personnel of the sending Party shall have access to the military installations of the host Party in accordance with its national law.

Art. 17

In order to enable the evaluation, coordination and planning of activities under this Agreement, the competent authorities shall conduct meetings and consultations.

Art. 18

Disputes arising between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled by negotiation.

Art. 19

1. This Agreement shall enter into force 30 days after the receipt of the second notification, transmitted through diplomatic channels and by which the Contracting Parties shall inform each other of the completion of the internal process required for entry In force of this Agreement.

(2) Each Contracting Party may terminate this Agreement in writing. In such cases, the Agreement shall expire 180 days after the receipt of the notification of termination.

3. This Agreement may be supplemented by mutual agreement at any time in writing. In such a case, s. 19, para. 1 applies accordingly.

4. Notwithstanding the termination of this Agreement, all financial obligations arising under this Agreement shall continue to be subject to its provisions.

Done at Warsaw on June 9, 2012, in duplicate original and authentic, each in German, English and Polish. In the event of any difference of interpretation, the English text shall be authentic.


For the

Swiss Federal Council:

For the

Government of the Republic of Poland:

Ueli Maurer

Tomasz Siemoniak


RO 2012 6637


1 The original German text is published under the same figure in the German edition of this collection.
2 RS 0.120
3 RS 0.510.1
4 RS 0.510.11


Status November 28, 2012