PREAMBLE
The Ministry of Defence of the Republic of Slovenia and the Ministry of Defence of the Czech Republic, hereinafter referred to as the “Parties”,
Desiring to establish a formal framework of their co-operation in the field of military geography in accordance with the Agreement between the Ministry of Defence of the Republic of Slovenia and the Ministry of Defence of the Czech Republic on mutual co-operation, signed in Prague on 27(na th) of September 1993,
Have agreed as follows:
ARTICLE 1
Objective
This Agreement sets out the terms and conditions of co-operation in the field of military geography.
ARTICLE 2
Annex
The geographic materials to be exchanged are inter alia defined in the Annex, which also include transmittal details and addresses.
ARTICLE 3
Executive Bodies
On behalf of the Republic of Slovenia, the Agreement will be executed by the Directorate of Defence Affairs, Civil Defence Agency (CDA) and on behalf of the Czech Republic by the Geographic Service of the Armed Forces of the Czech Republic (GEOS).
ARTICLE 4
Forms of Co-operation
1. The Parties will co-operate particularly through the following forms:
a) Mutual exchange of military geographic products, software and their utilisation (hereinafter referred to as the “Products”) as specified in the Annex to this Agreement;
b) Exchange of other technical documents, specifications, materials and services;
c) Providing of information on respective production and possibilities of its exchange;
d) Organising short visits and training courses on new technologies for specialists;
e) Exchange of specialists;
f) Participation in symposiums and workshops organised by the Parties;
g) Co-production and common research and development projects.
2. Providing of products will be carried out either on routine basis or upon request. The providing of products upon request will be decided on case-by-case basis.
3. Products requested for military exercises are not subject to providing according to this Agreement and their furnishing will be decided on case-by-case basis.
ARTICLE 5
Principles
1. The Parties will mutually co-operate in the fields of common interest based on their technical, personnel, or other capabilities.
2. The Parties will seek mutually balanced co-operation. To ensure this objective, a regular evaluation of co-operation between the Parties will take place.
3. The evaluation will be based on the principle of accounting balance as stated in Articles 8 of this Agreement. Only exchange upon request shall be included to this accounting balance.
4. The Parties will provide only unclassified products and information related to the respective state territories of the Parties.
5. Data formats and media for digital products transfer will be mutually agreed upon by the Executive Bodies. Written information will be provided in the English language.
ARTICLE 6
Mutual Obligations
1. Parties shall be responsible for protection of proprietary rights and copyrights, for abidance of restrictions to utilisation or reproduction of products or derived information.
2. Neither Party will transfer to a Third Party by any way the products provided by the other Party or results of co-production of the Parties pursuant to this Agreement without a written consent of the other Party.
3. The Parties will not use nor agree with the utilisation of provided or co-produced products and/or their sources for other purposes than those approved by the other Party in advance in writing.
4. The Party providing the other Party's products to a Third Party will be solely responsible for authorisation and implementation of such transfer including protection of provided products and information contained in these products.
ARTICLE 7
Products Delivery
1. All products delivered under this Agreement, shall be accompanied by the delivery documents clearly identifying content of each consignment including the type of providing – whether this is on routine basis or upon request.
2. The delivery documents will be made in duplicate, attached to the consignment and sent directly to the official address of the respective Executive Body. One copy of the delivery document shall be confirmed by the receiving Executive Body and sent back to the forwarding Executive Body as a confirmation of delivery.
3. Requests for products delivery shall be forwarded directly to the Executive Bodies.
4. All mailing and transport costs shall be borne by the providing Party.
5. Custom duties, import and export taxes, and other corresponding charges shall be administered in accordance with national laws and regulations of the respective Party’s state.
ARTICLE 8
Balance of Mutual Co-operation
1. Balance of mutual co-operation according to this Agreement shall be evaluated by each Party annually as to 31 December of the current year and sent as a letter to the other Party by 31 March of the following year. The letters will contain lists of provided and received products, materials and services within the exchange upon request (hereinafter referred to as the “List”).
2. The transferred Lists shall be checked by each Party and mutually agreed on in writing between the Executive Bodies.
3. Balance of mutual co-operation shall be considered as equal when the Parties declare their satisfaction.
4. If any Party does not consider the balance of mutual co-operation as equal, the Executive Bodies shall agree on compensation in form of providing further products, specifications and technical documents, materials and services to the Party, which provided more products, materials or services. The compensation shall be carried out in the terms agreed on in writing between the Executive Bodies.
5. Upon mutual consent of the Executive Bodies in writing, the compensation of inequity may be transferred to the next calendar year.
6. In case of termination of this Agreement, the final balance of the mutual co-operation as of the termination date shall be an integral part of the Termination Protocol. Eventual compensation of inequity shall be subject to para 4 of this Article.
7. For information purposes solely, the letters exchanged under para 1 above will also contain lists of provided and received products, materials and services within the exchange on routine basis. This exchange will not be subject of evaluation under this article.
ARTICLE 9
Claims
Claims arisen in connection with implementation of this Agreement and its Annex shall be solved in accordance with Article VIII of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of Their Forces, done in London on June 19, 1951.
ARTICLE 10
Disputes
Any disputes related to the interpretation and execution of this Agreement and its Annex shall be solved immediately by direct consultation between the Executive Bodies. If the Executive Bodies are not able to find a consensus, they will submit the dispute to the Parties.
ARTICLE 11
Final Provisions
1. This Agreement consists of 11 Articles. It shall enter into force on the date of receipt of the latter note by which the Parties inform each other on accomplishment of the procedures necessary for this Agreement to enter into force, in accordance with their national legislation.
2. This Agreement is concluded for an undetermined period of time.
3. Either Party may denounce this Agreement in writing. This denunciation will enter into force six (6) months after the date of its delivery to the other Party.
4. This Agreement may be modified or amended upon mutual consent of the Parties in writing and the amendment will enter into force in accordance with Article 11 paragraph 1.
5. In case of termination of this Agreement, the Parties will prepare a Termination Protocol on mutually agreed procedures to satisfy uncompleted commitments arisen under this Agreement. This Termination Protocol shall remain in effect for an undetermined period of time, unless otherwise agreed by the Parties.
6. Obligations and liabilities of the Parties stated in Article 6 of this Agreement remain in force even after termination of this Agreement, unless otherwise agreed by the Parties.
Done in Prague on 24 May 2006, in duplicate, in the Slovenian, Czech and English languages, all the texts being equally authentic. In case of different interpretation, the English version will prevail.
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ANNEX
PROVIDING OF PRODUCTS
1. PURPOSE
The Purpose of this Annex is to define rules for the exchange of below listed Products between the Executive Bodies.
2. PRODUCTS PROVIDED ON ROUTINE BASIS
Archival copies (regularly provided Products)
Either Party will automatically provide archival copies of Products to the other one free of charge.
GEOS will provide the CDA with the latest edition of the following products from the area of own territory (including border sheets):
– Topographic map 1 : 50 000, 4 copies each;
– Topographic map 1 : 100 000, 4 copies each;
– Joint Operations Graphic 1 : 250 000 Ground, 4 copies each;
– Joint Operations Graphic 1 : 250 000 Air, 4 copies each;
– Map of the Czech Republic 1 : 250 000, 1 copy each;
– Transit Flying Chart (Low Level) 1 : 250 000, 4 copies each;
– Low Flying Chart CZE 1 : 500 000, 4 copy;
– Maps of military training areas, 4 copies each;
– Catalogue of Geo Products, 1 copy;
– Information on CZE production plans at least once a year (e.g. GEOSTAR), 1 copy.
CDA will provide GEOS with the latest editions of the following products from the area of own territory (including border sheets):
– Military topographic Map of the RS 1 : 50 000, 4 copies each;
– Military topographic Map of the RS 1 : 100 000, 4 copies each;
– General map of Slovenia at scale 1 : 250 000 with regional defence offices, 1 copy;
– MoD Topographic map Aeronautical Chart Catalogue, 1 copy;
– Joint Operations Graphic Air 1 : 250 000, 4 copies each;
– Joint Operations Graphic Ground 1 : 250 000, 4 copies each;
– Maps of military training areas, 4 copies each;
– Information on available maps and production plans within the Ministry of Defence of the Republic of Slovenia at least once a year (e.g. GEOSTAR), 1 copy.
In case that some of the above listed maps or products are not available, e.g. they have not been produced yet, they will be provided when produced.
The exchange on routine basis will be carried out once per year.
3. PRODUCTS PROVIDED UPON REQUEST
Products, not listed in Section 2 of this Annex or additional copies of products listed in Section 2 of this Annex, may be provided on request, namely:
– Military products for navigation and air traffic safety,
– Maps, charts and military geographic information and documentations necessary for planning, preparation and activities of military units of the Parties,
– Geodetic and geophysical data,
– Gazetteers,
– Specifications and technical documents to the required products.
4. COPIES OF DIGITAL GEOGRAPHIC PRODUCTS
The Parties agree to provide each other with digital geospatial information. Each exchange is subject to a written request and it is the providing Party’s right to decide whether the particular digital geospatial information will be provided.
The Parties agree that their paper products can be scanned by the other Party. Each scanning is subject to a written request of the demanding Party and written approval of the providing Party. Paper products can be scanned only for military needs of demanding Party and must not be utilised for any commercial purpose.
5. SHIPMENT OF PRODUCTS
Following addresses will be used to deliver Products:
A. The Republic of Slovenia
Ministrstvo za obrambo Republike Slovenije,
Direktorat za obrambne zadeve,
Sektor za civilno obrambo,
Vojkova cesta 55,
1000 Ljubljana,
Slovenia
Tel: +386 1431 8011
Fax: +386 1431 8006
Email: sco@mors.si
B. The Czech Republic
Vojenský geografický a hydrometeorologický úřad
Čs. odboje 676
518 16 Dobruška
Czech Republic
Tel: +420 973 257 836
Fax: +420 973 257 757
Email: vghur@vghur.army.cz