Key Benefits:
Translation 1
(State 1 Er December 2006)
The Head of the Federal Department of Defence, Population and Sports Protection of the Swiss Confederation, acting on behalf of the Swiss Federal Council, and the Minister for Defence of the Republic of Austria,
Hereinafter "the Parties",
Anxious to contribute jointly to the stabilisation and reconstruction efforts in Kosovo,
Referring to the authorization issued by the United Nations Security Council in Resolution 1244 (1999) of 10 June 1999 to establish an international security presence in Kosovo,
Referring to the decision adopted by NATO on the establishment of an international "Kosovo Force" (KFOR) with the participation of the forces of member states and non-NATO states,
In reference to the decision of the Austrian Federal Government of 25 June 1999 and subsequent decisions relating to the sending of an Austrian contingent to Kosovo as a party to KFOR,
In reference to the decision of the Swiss Federal Council of 23 June 1999 concerning the participation of Switzerland in KFOR, in the Federal Order of 12 December 2001 2 And subsequent decisions relating to the sending of Swiss troops to Kosovo as a party to KFOR,
By referring to the exchange of notes between NATO and Austria of 5 October 1999 on the modalities of participation in KFOR and the financial aspects of the Austrian participation in KFOR,
Referring to the exchange of letters of 5 and 28 October 1999 between Switzerland and NATO concerning the modalities of Switzerland's participation in KFOR, the financial aspects of Swiss participation in KFOR and the reserves of Switzerland 3 ,
On the basis of the Convention of 19 June 1995 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 4 And on the basis of the Additional Protocol of 19 June 1995 to 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 5 ,
Agreed to the following:
This Agreement sets out the general principles for the cooperation and mutual support of the parties in their participation in the Kosovo Force (KFOR).
1. Taking into account the national restrictions of each State, cooperation in the framework of KFOR's commitment includes in particular the following areas:
2. Collaboration meets the principles of profitability, opportunity, economy and transparency.
3. The details of the collaboration, in particular the personnel, logistical, technical and financial responsibilities and procedures, may be set out in separate technical conventions as required.
1. The contingents of the parties are each led by an officer of their nationality ("National Quota Commander", abbreviated NCC). The structure, organization, administration and logistics of national contingents are the responsibility and competence of each party.
2. In case of need, members of a national contingent may be assigned to the appropriate commander of the other contingent for cooperation in the direction of a "Operational Control" (OPCON).
3. Jointly operated camps may be conducted by the parties on the basis of a principle of equal rotation. The corresponding camp order shall be established, modified or repealed by the commands of the parties responsible for the conduct.
Unless otherwise agreed, members of the national contingents shall be subject to the national disciplinary and criminal jurisdiction. Maintenance of discipline is a national responsibility.
1. In case of need, the parties can support each other in the field of commitment-based training, both within and outside the KFOR engagement sector.
2. If the commitment instruction takes place in Austria or Switzerland,
1. Each party shall bear the possible costs for the instruction and commitment of its staff and for its equipment.
2. In the event of need, the financial aspects of the provision of benefits in the context of the application of this Agreement shall be fixed in technical conventions in accordance with Art. 2, para. 3.
The Parties shall protect classified material or information exchanged or made available in the context of the application of this Agreement in accordance with the legislation to which they respond. They shall not publish and transmit to third parties any information or materials of this kind without the prior written consent of the party providing the loan, unless the aforementioned legislation makes the transmission indispensable. Classified information is exchanged only if a standard of protection at least comparable to that of the transmitting organ is guaranteed to the recipient.
The differences between the Parties concerning the interpretation and application of this Agreement shall be settled exclusively by consensus between the Parties.
With the entry into force of this Agreement, the Agreement of 5 June 2002 between the Head of the Federal Department of Defence, the Protection of Population and Sport and the Minister for Defence of the Republic of Austria concerning cooperation Between the two countries as part of their participation in Kosovo Force (KFOR) 1 Is repealed.
2. With the entry into force of this Agreement, the Agreement of 15 September 2000 between the Head of the Federal Department of Defence, the Protection of Population and Sport and the Minister for Defence of the Republic of Austria concerning AUCON/SWISSCOY joint statement 2 Is repealed.
1. This Agreement shall enter into force on the first day of the second month after signature and shall be concluded for an indefinite period.
2 This Agreement may be amended by mutual agreement of the Parties. All amendments must be made in writing.
3. This Agreement may be terminated in writing by each party for a period of three months.
4. This Agreement shall automatically lapse if one of the two parties terminates its participation in the commitment of KFOR.
The financial consequences arising out of the termination of this Agreement shall be settled by mutual agreement between the two Parties. The present contractual provisions concerning the financial aspects shall apply until the end of this procedure.
Signed at Innsbruck on 11 October 2006 in two originals in the German language.
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1 The original German text is published, under the same number, in the German edition of this collection.
2 FF 2001 6203
3 Not published to OR.
4 RS 0. 510.1
5 RS 0. 510.11