Predlog zakona o potvrđivanju Sporazuma o vojnoj saradnji između Saveta ministara Srbije i Crne Gore i Vlade Republike Austrije, koju predstavlja savezni ministar odbrane

Arrangement

between

the Government of the Republic of Austria,

represented by the Federal Minister of Defence

and

the Council of Ministers of Serbia and Montenegro

on co-operation in military matters

The Government of the Republic of Austria, represented by the Federal Minister of Defence, and the Council of Ministers of Serbia and Montenegro, hereinafter referred to as “Participants”,

convinced that the co-operation in military matters forms an important component of the friendly relations between Austria and Serbia and Montenegro,

desiring to establish the framework for a coordinated mutual co-operation in military matters,

have decided as follows:

Article 1.

Principles of co-operation

The Participants will, on the basis of reciprocity and mutual benefit, promote and strengthen the mutual co-operation under this Arrangement in accordance with respective rules of national or international law binding upon them.

(2) This Arrangement is not intended to conflict with national or international law applicable to the Participants. In case of conflict, the latter will prevail.

Article 2.

Areas of co-operation

The co-operation in military matters between the Participants comprises in particular the following areas:

a. Security and Defence Policy, including research;

b. Logistics,

c. Armament – and defence technology,

d. International operations,

e. Military medicine;

f. Military training and education,

g. Other areas agreed upon by the Participants.

Article 3.

Forms of co-operation

(1) The co-operation under this Arrangement shall be realized through the following modalities:

Visits at the level of ministers of defence, chiefs of general staff and other representatives of the Participants;

b. Sending or exchange of experts;

c. Sending or exchange of personnel for military training;

d. Exchange of experiences in areas of mutual interest;

e. Participation in joint exercises;

f. Participation in conferences, symposiums and seminars;

g. Other forms agreed upon by the Participants.

(2) For the purpose of implementation of this Arrangement, competent institutions or representatives of the Participants, as applicable, may conclude implementing arrangements, if necessary.

Points of Contact

The Participants notify each other the Points of Contact. These Points of Contact coordinate the co-operation under this Arrangement, in particular the elaboration of the annual Plans of co-operation. Any changes to these Points of Contact will be notified to the other Participant without delay.

Plan of Co-operation

(1) For the purpose of realization of this Arrangement, a Plan of Co-operation will be concluded every year.

(2) To that end, the Participants convey each other no later than 15 August of every year their proposals for the Plan of Co-operation for the following calendar year.

(3) The collection of these proposals and the final elaboration of the Plan of Co-operation for the following calendar year will be accomplished by the Points of Contact no later than 30 October of the year preceding this calendar year.

(4) The Plan of Co-operation contains the list of activities to be performed duringthe respective calendar year, including the time and place of realization, the type and number of participants, and an indication of the departments responsible for the execution of the respective activity.

(5) The Plan of Co-operation may be amended at any time by mutual consent ofthe Participants.

(6) The correspondence necessary for the preparation and the execution of the Plan of Co-operation will be exchanged through the diplomatic channels.

Article 6.

Financial matters

Notwithstanding the provisions contained in paragraphs 2 and 3, each Participant bears generally its own costs related to the execution of this Arrangement.

In case of sending or exchange of personnel in connection with the execution of this Arrangement the following principles will apply:

a) The sending Participant meets the travel expenses of the persons sent, to and from the place determined by the hosting Participant. This principle also applies in case of untimely return of a sent person.

b) The hosting Participant will provide upon request free of charge emergency medical care in military medical establishments.

c) The hosting Participant provides against reimbursement or compensation:

accommodation and meals and

the necessary transports within its territory.

(3) In case of joint exercises and other activities of special interest, the Participants may make separate arrangements for the reimbursement or compensation of costs for services or support provided by the hosting Participant.

Protection of information

In the absence of agreements applicable between the Participants on the protection of classified information or material, the Participants will protect classified information or material exchanged or provided under this Arrangement in accordance with their respective laws and regulations binding upon them. Such information or material will not be published or transmitted to third parties without the written approval of the providing Participant, unless the mentioned laws or regulations necessitate the transmission. Military classified information will only be exchanged, if the receiving Participant can ensure a level of protection equal to that of the providing Participant.

Article 8.

Settlement of disputes

Disputes arising out of the interpretation or application of this Arrangement will be resolved through negotiations between the Participants and will not be referred to any third party for settlement without the mutual consent of the Participants.

(1) This Arrangement will come into effect on the date of the receipt of the second of the notes by which the Participants inform each other on the completion of the conditions necessary for this Arrangement to come into effect in compliance with their national legislation.

(2) This Arrangement is concluded for an indefinite period.

(3) This Arrangement can be amended at any time in writing between the Participants.

(4) Either Participant may denounce this Arrangement upon at least three months written notice. In such a case, the Participants will make arrangements for the finalization of running activities and the cancellation of activities planned under this Arrangement.

(5) Notwithstanding the termination of this Arrangement, any financial commitments incurred in connection with activities under this Arrangement will remain binding on the responsible Participant until satisfied.

On behalf of On behalf of

The Government The Council of Ministers

of the Republic of Austria of Serbia and Montenegro

Federal Minister of Defence Minister of Defence

________________________ __________________________

Günther Platter Zoran Stanković

Arrangement

between

the Council of Ministers of Serbia and Montenegro

and

the Government of the Republic of Austria,

represented by the Federal Minister of Defence

on co-operation in military matters

The Council of Ministers of Serbia and Montenegro and The Government of the Republic of Austria, represented by the Federal Minister of Defence, hereinafter referred to as “Participants”,

convinced that the co-operation in military matters forms an important component of the friendly relations between Austria and Serbia and Montenegro,

desiring to establish the framework for a coordinated mutual co-operation in military matters,

have decided as follows:

Article 1.

Principles of co-operation

(1) The Participants will, on the basis of reciprocity and mutual benefit, promote and strengthen the mutual co-operation under this Arrangement in accordance with respective rules of national or international law binding upon them.

(2) This Arrangement is not intended to conflict with national or international law applicable to the Participants. In case of conflict, the latter will prevail.

Article 2.

Areas of co-operation

The co-operation in military matters between the Participants comprises in particular the following areas:

a. Security and Defence Policy, including research;

b. Logistics,

c. Armament – and defence technology,

d. International operations,

e. Military medicine;

f. Military training and education,

g. Other areas agreed upon by the Participants.

Article 3.

Forms of co-operation

(1) The co-operation under this Arrangement shall be realized through the following modalities:

а. Visits at the level of ministers of defence, chiefs of general staff and other representatives of the Participants;

b. Sending or exchange of experts;

c. Sending or exchange of personnel for military training;

d. Exchange of experiences in areas of mutual interest;

e. Participation in joint exercises;

f. Participation in conferences, symposiums and seminars;

g. Other forms agreed upon by the Participants.

(2) For the purpose of implementation of this Arrangement, competent institutions or representatives of the Participants, as applicable, may conclude implementing arrangements, if necessary.

Points of Contact

The Participants notify each other the Points of Contact. These Points of Contact coordinate the co-operation under this Arrangement, in particular the elaboration of the annual Plans of co-operation. Any changes to these Points of Contact will be notified to the other Participant without delay.

Plan of Co-operation

(1) For the purpose of realization of this Arrangement, a Plan of Co-operation will be concluded every year.

(2) To that end, the Participants convey each other no later than 15 August of every year their proposals for the Plan of Co-operation for the following calendar year.

(3) The collection of these proposals and the final elaboration of the Plan of Co-operation for the following calendar year will be accomplished by the Points of Contact no later than 30 October of the year preceding this calendar year.

(4) The Plan of Co-operation contains the list of activities to be performed duringthe respective calendar year, including the time and place of realization, the type and number of participants, and an indication of the departments responsible for the execution of the respective activity.

(5) The Plan of Co-operation may be amended at any time by mutual consent ofthe Participants.

(6) The correspondence necessary for the preparation and the execution of the Plan of Co-operation will be exchanged through the diplomatic channels.

Article 6.

Financial matters

(1) Notwithstanding the provisions contained in paragraphs 2 and 3, each Participant bears generally its own costs related to the execution of this Arrangement.

(2) In case of sending or exchange of personnel in connection with the execution of this Arrangement the following principles will apply:

a) The sending Participant meets the travel expenses of the persons sent, to and from the place determined by the hosting Participant. This principle also applies in case of untimely return of a sent person.

b) The hosting Participant will provide upon request free of charge emergency medical care in military medical establishments.

c) The hosting Participant provides against reimbursement or compensation:

accommodation and meals and

the necessary transports within its territory.

(3) In case of joint exercises and other activities of special interest, the Participants may make separate arrangements for the reimbursement or compensation of costs for services or support provided by the hosting Participant.

Protection of information

In the absence of agreements applicable between the Participants on the protection of classified information or material, the Participants will protect classified information or material exchanged or provided under this Arrangement in accordance with their respective laws and regulations binding upon them. Such information or material will not be published or transmitted to third parties without the written approval of the providing Participant, unless the mentioned laws or regulations necessitate the transmission. Military classified information will only be exchanged, if the receiving Participant can ensure a level of protection equal to that of the providing Participant.

Article 8.

Settlement of disputes

Disputes arising out of the interpretation or application of this Arrangement will be resolved through negotiations between the Participants and will not be referred to any third party for settlement without the mutual consent of the Participants.

(1) This Arrangement will come into effect on the date of the receipt of the second of the notes by which the Participants inform each other on the completion of the conditions necessary for this Arrangement to come into effect in compliance with their national legislation.

(2) This Arrangement is concluded for an indefinite period.

(3) This Arrangement can be amended at any time in writing between the Participants.

(4) Either Participant may denounce this Arrangement upon at least three months written notice. In such a case, the Participants will make arrangements for the finalization of running activities and the cancellation of activities planned under this Arrangement.

(5) Notwithstanding the termination of this Arrangement, any financial commitments incurred in connection with activities under this Arrangement will remain binding on the responsible Participant until satisfied.

On behalf of On behalf of

The Council of Ministers The Government

of Serbia and Montenegro of the Republic of Austria

Minister of Defence Federal Minister of Defence

________________________ ____________________________

Zoran Stanković Günther Platter

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