Uredba o ratifikaciji Tehničnega dogovora med Ministrstvom za obrambo Republike Slovenije in Ministrstvom za obrambo Italijanske republike o sodelovanju večnamenske ladje Slovenske vojske (VNL) Triglav 11 na operaciji Italijanskih obrambnih in varnostnih sil "Mare Nostrum"

The Ministry of Defence of the Republic of Slovenia and the Ministry of Defence of the Italian Republic (hereinafter referred to as “the Parties”);

– Desiring to jointly address overall maritime safety and security, and provide humanitarian assistance in case of need, through strengthened maritime surveillance in Central Mediterranean Sea;

– Desiring to strengthen the excellent bilateral cooperation between the Parties in the area of implementing the common security and defence policy, as stipulated in the Treaty on European Union;

– Desiring to strengthen the excellent bilateral cooperation between the Parties within NATO and other international regional establishments in which the Parties participate as members;

– Considering the excellent cooperation between the Parties in the area of defence in international operations and missions;

– Recognizing that it is a common interest of the Parties that the migration issues need a comprehensive bilateral, regional and wider international approach and response.

Taking into account

– the provisions of the Agreement on defence cooperation between the Government of the Republic of Slovenia and the Government of the Italian Republic dated 9 September 1996;

– Letter of Intent (LoI) – Concerning participation of the Slovenian Armed Forces Patrol Boat (PB) Triglav 11 in the operation of the Italian defence and security forces “Mare Nostrum”;

– that “Mare Nostrum” is a reinforcement of the Italian effort in migrant flow control activities already in place under the framework of the Italian regulation concerning illegal migration flow control. The legal framework is based on an inter-ministerial technical-operational agreement, descending from a law with related protocols, which aims to an effective interagency coordination, with common rules and procedures in the pertinent areas of responsibility. This framework, assigns to the Italian Navy the coordination of all assets operating over 24 nautical miles (NM) from the base line, whilst the Border Police is responsible for the coordination within 24 NM from the base line. All field activities are carried out under the overarching direction and overall coordination of the Italian Ministry of Interior;

– ADRION Initiative Terms of reference;

– Operational Agreement between the Navy of the Republic of Albania, the Navy of the Republic of Croatia, the Navy of the Republic of Cyprus, the Ministry of Defence of the French Republic, the Royal Navy of the Hashemite Kingdom of Jordan, the Navy of the Hellenic Republic, the Navy of the State of Israel, the Navy of the Italian Republic, the Armed forces of the Republic of Malta, the Armed Forces of the Republic of Montenegro, the Navy of the Portuguese Republic, the Navy of Romania, the Ministry of Defence of the Republic of Slovenia, the Ministry of Defence of the Kingdom of Spain, the Navy of the Republic of Turkey, and the Navy of the United States of America concerning the establishment of a Virtual regional maritime traffic centre (V-RMTC) for the Mediterranean and Black Seas dated 2006;

– United Nations Convention on the Law of the Sea dated 1982 (UNCLOS);

– International Convention on Maritime Search and Rescue dated 1979 as amended (SAR Convention);

– International Convention for the Safety of Life at Sea dated 1974 as amended (SOLAS Convention);

– Convention relating to the Status of Refugees dated 1951;

– European Convention on the Human Rights dated 1950;

– The provision of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces dated 1951 (NATO SOFA);

– NATO HNS doctrines and other relevant Allied Tactical Procedures (ATP);

– the general principles of Surveillance & Humanitarian assistance operations as set down in the IMO Manual IMO-ICAO Vol. II. Mission Coordination & Vol. III. Mobile Facilities Edition 2008, as well as other relevant documents

Have agreed as follows:

The purpose of this Technical Arrangement (hereinafter referred to as TA) is to set out the competencies, responsibilities, general principles, and the procedures for the contribution of the Slovenian Armed Forces Patrol Boat (PB) “Triglav 11” to the Italian national humanitarian operation “Mare Nostrum” within the limits of competencies stipulated by the relevant national legislation and in accordance with principles of international law.

For purposes of this TA, the following definitions shall apply:

1. “operation (OPS)”

means the Italian humanitarian mission “Mare Nostrum” conducted by Italian Defence and Security Forces and the Slovenian Armed Forces’ contribution to the Italian Ministry of Defence efforts in the Surveillance & Humanitarian assistance and Search and Rescue operation;

2. “operational (OP) documents”

means the Concept of Operation (CONOPS), as well as other relevant operational documents and general instructions;

3. “Host Nation (HN)”

the Italian Republic;

4. “Sending Nation (SN)”

the Republic of Slovenia;

5. “Italian Forces (IF)”

means Italian Defence and Security Forces;

6. “Slovenian Forces (SF)”

means Slovenian Armed Forces Patrol Boat (PB) “Triglav 11” with accompanied means and equipment and the military/defence personnel dedicated by the Slovenian Party (MoD) to conduct the operation;

7. “HN support base”

means the main logistic site at Augusta Naval Base, Augusta, Sicily;

8. “Host Nation Support (HNS)”

means civil and military assistance rendered by the HN to the SF for the purposes of the execution of the Operation on request by the SF;

9. “Vis major”

means all natural or other unavoidable events that interrupt the expected course of action;

10. “In regard to Search and Rescue (SAR)”

the terms and definitions of the SAR and SOLAS conventions will apply;

11. If the meaning is not specified in this TA, the NATO Glossary of Terms and Definitions (AAP-6) will apply.

1. Italian Forces:

– will provide Diplomatic clearances and other requested approvals to the SF for the conduct of the operation with the least possible formalities;

– will provide Command and Control (C2) of PB operations based on ATPs, International Maritime Organization and/or ADRION standards;

– will provide liaison officer (LO) for logistic support with SF National Support Element (NSE);

– will provide the Concept of Operation (CONOPS) as well as other relevant operational documents and general instructions;

– will provide HNS in accordance with Articles 7 and 8;

– will provide all possible support to ease all logistic requirements, including access to civilian contractors;

– will implement legal and administrative procedures with rescued persons at sea in accordance with Article 6.

2. Slovenian Forces:

– will contribute PB to the OPS and shall operate within the dedicated area of OPS (AOO) coordinated by Officer on Tactical Command (OTC);

– will provide dedicated LO on board commanding ship and NSE in HNS support base;

– will provide detailed statement of requirements for movement, accommodation, communications and logistics in due time in accordance with Italian instructions prior to deployment;

– will provide the tactical and other limits of the PB to the OTC. The PB could only be tasked subject to the limits referred to above;

– will provide Transfer of Authority (ToA) of PB during the OPS to the TACON of OTC.

PB shall participate in the OPS between 15 December 2013 and 31 January 2014.

Prior to engagement in OPS, IF will provide first initial training (FIT) for PB as agreed during the Initial Planning conferences.

PB participation shall be in accordance with CONOPS, as well as other relevant operational documents and general instructions and subject to tactical and other limits of the PB. C2 will be executed in accordance with NATO standard procedures and/or ADRION best practices. Information exchange between IF and SF will flow through C2 structure and through LOs.

For operational procedures ATPs will be applied.

Tactical procedures shall take into account ADRION initiative experiences and V-RMTC potential for increasing overall effectiveness of information sharing between IF and SF.

PB Area of Operation will be approximately 30 x 30 NM outside 24 NM from Italian base line, preferably in an area of interest close to the Augusta Naval Base or other designated area in case of “vis major”.

IF will provide access to the Communication and Information System (CIS) used in OPS.

IF will provide internet access and telephone connections in HN support base for NSE.

PB shall render necessary assistance to persons in distress in accordance with SAR, SOLAS and UNCLOS conventions.

Rescued persons will be as soon as possible transferred to the IF according to the OP documents and current situation for further procedures. IF will provide place of safety for rescued persons.

SF will provide first aid, necessary safety, security and sanitary measures on PB.

However, HN is fully responsible for all further legal and administrative procedures regarding the SAR in accordance with SAR, SOLAS and UNCLOS conventions or other relevant documents as well as potential procedures in accordance with the Convention relating to the Status of Refugees and principles of international customary law. SF shall forward IF all data gathered on the spot necessary for further procedures.

Medical support beyond first aid as well as relevant procedures with deceased will be responsibility of HN.

Logistic support is generally national responsibility unless otherwise determined in this TA.

IF will provide free of charge:

– Mooring for PB, electricity, water supply, garbage disposal, military phone line;

– NSE office space, electricity, storage space, access to the Naval Base for NSE vehicles;

– Freedom of movement inside HN support base in accordance with the applicable rules;

– Welfare facilities inside the HN support base;

– MEDEVAC from AOO to the nearest medical facilities;

– Medical treatment inside HN Base (infirmary) under the same conditions as for personnel of the IF;

– IF will arrange transportation from the HN support base to a nearest civil medical facility;

IF will provide for reimbursement:

– Messing in HN support base for SF personnel;

– NSE personnel accommodation (3 per.);

Any items loaned to the SF will be returned to the IF prior to the departure from the OPS.

In the case of loss of or damage to loaned materiel and equipment items caused by SF personnel, the Slovenian Party shall cover the damage. Settlement of such claims will be coordinated between the Parties.

All persons, deployed to the territory of the HN or exchanged on the basis of this TA will obtain adequate medical insurance to cover any potential medical expenses prior to arrival in the territory of the HN.

The Slovenian Party will reimburse the Italian Party for all mutually defined and accepted costs incurred through provision of the agreed logistic support.

The price charged to the SF will be at the actual cost paid by the IF without any additional profit.

The IF will deliver to the SVN SNR detailed invoices of the materials and services supplied, including individual costs and the total amount claimed. The SVN SNR will sign the invoices for concurrence.

Within 60 days after receipt of the invoice, the Slovenian Party will reimburse the Italian Party by bank transfer to the designated bank account.

Invoice should contain the following financial information: Name of beneficially, Name and address of beneficiary bank, IBAN code, BIC/SWIFT code and Account Number.

All payments will be made in Euro.

Unless otherwise provided in this TA the provisions of NATO SOFA shall apply.

In the event of death of a SF member, accredited representatives of Slovenian authorities will have access to documents regarding the death causes of the personnel. To this end, HN authorities will provide the necessary assistance.

This event is subject to the terms of this TA, NATO SOFA, and any other applicable international agreements between the Republic of Slovenia and the Italian Republic that are in force or that may come into force before or during the operation.

All information exchanged or generated in connection with this TA, will be used, transmitted, stored and/or handled in accordance with the Parties’ applicable internal laws and regulations.

Information will be transferred only through approved and protected channels. Any classified information shall be handled in accordance with applicable bilateral agreements between the Republic of Slovenia and the Italian Republic.

The Parties undertake to exchange data and information directly relevant to the tasks and security of the SF personnel and PB, through the SF LO on board commanding ship. LO on board commanding ship is responsible for the exchange of data and information in the AOO as well as to provide relevant data and information to his superior command of the SF in Republic of Slovenia.

The Parties shall ensure that all information exchanged will be used only for the intended purposes within the objectives and the scope of this TA.

All news releases or media events must be pre-approved and coordinated by both Parties.

Any dispute arising from the interpretation or implementation of this TA will be resolved exclusively by consultations between the Parties.

This TA shall enter into force on the date of receipt of the last notification by which the Parties notify each other of the completion of the internal procedures required for its entry into force and shall be applied provisionally from the date of the last signature.

This TA may be amended at any time upon the written agreement of the Parties. Any such amendments shall come into force in accordance with the first paragraph of this article.

This TA will remain in force for the duration of engagement of SF in OPS or until all financial obligations are fulfilled.

Signed in Rome on 12th of December 2013 in 2 originals in the English language.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Technical Arrangement.

Date: 12th of December 2013

Date: 12th of December 2013