Resolução da Assembleia da República n.º 79/2014 — Aprova o Acordo Suplementar ao Protocolo sobre o Estatuto dos Quartéis-Generais Militares Internacionais criados em…

2 - The Allied Headquarters shall, with the assistance of the Portuguese Republic envisaged in paragraph 6 below, analyse the compatibility of Allied Headquarters activities with Portuguese environmental laws and regulations. Such considerations shall include, but shall not be limited to, identification and assessment of potential environmental impacts and effects, in order to minimise the possible adverse environmental effects and, where detrimental effects are unavoidable, to take appropriate remedial measures. In this regard, special attention shall be paid to activities regarding use and storage of fuels, lubricants and ammunitions, as well as emissions of gases, levels of noise, areas for training and exercises, and disposal of all kinds of refuse.

3 - Transportation of munitions, heavy goods and hazardous materials shall be in accordance with the standards and regulations applicable to the Portuguese Armed Forces and shall take due account of international agreements in force in the Portuguese Republic as well as relevant NATO Standardisation Agreements and guidance.

4 - For construction and engineering works undertaken by an Allied Headquarters, the concerned Headquarters shall as a minimum set environmental, construction and engineering (to include health and safety) standards comparable to the standards, rules and regulations applicable to the Portuguese Armed Forces. Without prejudice to the obligations relating to the employment of a local workforce under the Agreement, Article IX, paragraph 4, an Allied Headquarters shall endeavour to comply with Portuguese occupational health and safety regulations to the extent possible, and, where this is legally, operationally, or otherwise technically impossible, the Portuguese authorities and the Allied Headquarters shall, without delay, agree on other means to achieve the desired protections.

5 - Where Portuguese law prohibits the importation of certain articles, such articles may, with the approval of the Portuguese Republic, be imported by an Allied Headquarters. An Allied Headquarters and the Portuguese Republic shall agree on categories of articles, the import of which is approved by the Portuguese Republic under this provision.

6 - The appropriate Portuguese authorities shall provide assistance to examine the compatibility of Allied Headquarters activities with Portuguese environmental laws and regulations as well as guidance and information on the regulations, standards, mentioned above, and shall advise an Allied Headquarters when Portuguese standards exceed those established by the applicable international conventions. The Portuguese standards referred to above shall be provided to an Allied Headquarters by the concerned Portuguese authorities.

7 - In the event of a public health emergency, the competent Portuguese authorities shall act in accordance with the Portuguese laws and international commitments and shall be granted access to the premises of an Allied Headquarters, in accordance with Article 5 of the present Supplementary Agreement.

8 - All environmental duties, taxes, fees, and charges shall be resolved as laid down by Article 17 of this Supplementary Agreement.

Article 19

Public hygiene

1 - An Allied Headquarters shall, with the support of the Portuguese Republic, apply Portuguese regulations for the prevention and control of infectious diseases of humans, animals and plants and for prevention and control of plant pests.

2 - The Portuguese Republic shall provide means and assistance in case of emergency situations involving local, national or international infectious diseases. An Allied Headquarters shall provide access to their facilities in accordance with Article 5 of the present Supplementary Agreement.

3 - An Allied Headquarters and Portuguese authorities shall promptly inform each other of the outbreak or suspected outbreak, transmission and elimination of any infectious diseases and of the measures taken.

4 - If an Allied Headquarters deems it necessary to take health protection measures within the facilities and premises made available for its use, it shall coordinate the execution of such means with the concerned Portuguese authorities.

5 - The Portuguese regulations referred to above and any related information shall be provided to an Allied Headquarters by the concerned Portuguese authorities in the English or French languages.

Article 20

Evacuation of members and dependents

Subject to separate arrangements with the sending States in question, the States having assigned members to an Allied Headquarters shall, in case of emergency situations, be granted access to for the purpose of evacuating their personnel and dependents.

Article 21

Correspondence and communication

1 - For the purposes of official communications and correspondence, an Allied Headquarters shall have unrestricted access to fixed line, mobile as well as satellite phone systems, internet services, telecommunication and any other information and communication services, to include radio and TV land and satellite services, and postal services in the Portuguese Republic, irrespective of whether the service is operated commercially or publicly.

2 - An Allied Headquarters shall have access to the Portuguese Republic military communication, courier and postal services subject to an arrangement.

3 - An Allied Headquarters and, in accordance with North Atlantic Council approved policy, NATO Standardisation Agreement 2109 and subsequent agreements, a Party to the North Atlantic Treaty may establish and operate, at their own expense, fixed line, mobile as well as satellite phone systems, internet services, postal and courier services, and any other communication and information system services in the Portuguese Republic for the official and private use of the Allied Headquarters and its members.

4 - An Allied Headquarters shall be allowed to establish, operate and use classified and unclassified networks, systems and means of secure and cipher communication in the Portuguese Republic, as well as to conduct monitoring of those systems for security reasons and other authorised purposes.

5 - As provided in the Agreement, Article XI, paragraph 3, any mail or communication of an Allied Headquarters marked or otherwise declared as official shall not be subject to any restrictions, inspection, delay, or other control by Portuguese authorities, unless the Allied Headquarters waived this immunity.

6 - An Allied Headquarters shall be entitled to send and receive official correspondence and packages by courier or in sealed bags, and shall enjoy immunities and privileges accorded to diplomatic couriers and bags.

7 - Official correspondence and packages of a sending State, represented at the Allied Headquarters, may be sent through national channels, where such are available, without Portuguese charges or any restrictions, inspection, delay, or other control.

Article 22

Telecommunication

1 - Subject to further arrangements with the appropriate Portuguese authorities regarding locations and technical details of equipment, an Allied Headquarters may import, establish, access, operate and maintain, on either a temporary or non-temporary basis, inside or outside the premises occupied by it, such telecommunications facilities and military radio stations as may be required for its operational functions, military training and exercises, emergencies or for morale and welfare purposes.

2 - The Portuguese Republic shall remain responsible and liable for spectrum management. Frequencies to be used by an Allied Headquarters, together with their parameters, shall be established by an Allied Headquarters and the Portuguese authorities responsible for spectrum management in accordance with the procedures set up by the appropriate NATO authority. An Allied Headquarters and the Portuguese Republic shall take all necessary measures to avoid and eliminate harmful interference with each other's and with civilian telecommunication services and electrical power facilities. Subject to prior coordination with the appropriate Portuguese authorities an Allied Headquarters may employ necessary security measures to protect Allied Headquarters communications in the Portuguese Republic for reasons of security and force protection.

3 - Telecommunication facilities and military radio stations shall be used exclusively for official purposes in accordance with the paragraph above.

4 - Applications regarding wire telephone and telegraph/data systems and circuits shall be submitted in accordance with the procedures established by the correspondent NATO authority.

5 - The criteria, regulations and rates for work and services of the telecommunications operators and regulators, including frequency spectrum pricing, shall not be less favourable than those applied to the Portuguese Armed Forces.

6 - In establishing and operating telecommunications facilities, an Allied Headquarters shall apply the provisions approved by the International Telecommunications Union and any other international or regional telecommunications regulations binding upon the Portuguese Republic, as well as Portuguese telecommunications laws and regulations. An Allied Headquarters shall be exempt from this provision to the extent that such exemption is granted to the Portuguese Armed Forces.

7 - All Allied Headquarters shall be entitled to send and receive messages and data in cipher.

Article 23

Policing on and off premises

1 - In accordance with the Agreement, Article VII, paragraph 10, and the Protocol, Article 4, paragraph b), an Allied Headquarters shall have the right to police any premises occupied by it. The security staff of an Allied Headquarters may take all appropriate measures to ensure the maintenance of order, discipline and security on such premises. The Portuguese Republic shall render assistance by military and/or civilian police to the Head of an Allied Headquarters or the designated representative, when so requested.

2 - The exercise of the police powers for events outside an Allied Headquarters shall be the responsibility of the Portuguese authorities. Outside an Allied Headquarters premises, the Headquarters international security staffs shall only be employed in the circumstances and under the conditions specified in the Agreement.

3 - Subsequent to the Agreement, Article VII, paragraph 5 (b), and the Protocol, Article 4, the Head of an Allied Headquarters or designated representative shall be promptly notified of the arrest or other detention of any member or their dependents.

4 - Writs, fines, and summons issued against members of an Allied Headquarters may be served through the Head of an Allied Headquarters to which they are attached.

Article 24

Security and force protection

1 - In accordance with NATO Security Policy and NATO Force Protection Policy, the Portuguese Republic is responsible for all aspects of force protection, including risk assessment, planning, provision and implementation, according to Portuguese national standards for an equivalent entity (headquarters, individual, group, etc.), in the following scenarios:

2 - The Portuguese Republic and an Allied Headquarters shall exchange information concerning both force protection and security threats.

3 - An Allied Headquarters shall not conduct security or force protection activities outside the Allied Headquarters premises, unless arrangements have previously been concluded with the appropriate Portuguese authorities.

Article 25

Arms

1 - Pursuant to the Agreement, Article VI, an Allied Headquarters shall make arrangements with the appropriate Portuguese authorities regarding the transportation and storage of arms and ammunition. In line with such arrangements, an Allied Headquarters shall promulgate internal regulations, in accordance with sending State and Portuguese regulations concerning the custody and movement of military arms and ammunition in their custody or possession, to ensure that no member of an Allied Headquarters shall gain possession or carry arms unless authorised to do so.

2 - Portuguese law shall apply to the possession, disposal and carriage of privately owned arms and ammunition.

Article 26

Traffic regulations and motor vehicles

1 - With the exception of exemptions provided in this Supplementary Agreement, Portuguese traffic regulations shall apply to the operation of official motor vehicles and trailers of an Allied Headquarters and to the operation of privately owned motor vehicles, trailers, and water craft of its members and their dependents, regardless of type.

2 - Official motor vehicles and trailers, regardless of their type, of an Allied Headquarters shall be afforded the same exemptions from Portuguese traffic regulations as are afforded to Portuguese Armed Forces.

3 - If considered necessary by the Allied Headquarters, and paying due regard to public safety and order, and the protection of the environment, the Portuguese Republic shall, in respect of official motor vehicles and trailers of an Allied Headquarters, grant exemptions from Portuguese regulations concerning the specifications on construction, design and equipment of such motor vehicles and trailers, regardless of their type.

4 - Privately owned motor vehicles of any type and trailers temporarily imported in accordance with the Agreement, Article XI, paragraph 6, and the Protocol, Article 8, paragraph 3, shall for the period of such importation, be subject only to the minimum construction, design and equipment regulations applicable to tourist motor vehicles and trailers in the Portuguese Republic, taking at the same time due account of public safety and order.

5 - With regard to the certification of the motor vehicle technical standards stated above for all types of official and privately owned motor vehicles and trailers, an Allied Headquarters may use those operated by the Portuguese Armed Forces or, subject to a separate arrangement, establish its own technical inspection stations. In latter case, the Portuguese Republic shall, at no cost to an Allied Headquarters, provide all necessary basic machinery and make the operators available as well as issue the necessary technical inspection certificates.

Article 27

Driving licences

1 - The provisions of the Agreement, Article IV, shall extend to all members and to their dependents, on the condition that they satisfy the driving requirements in the Portuguese Republic. If so required by Portuguese regulations, the Portuguese Republic shall issue a Portuguese driver's licence, without additional tests, fees, or requesting the surrender or deposit of the original licence. Upon request of the Portuguese Republic, the concerned Allied Headquarters shall provide an endorsement to confirm that an individual is an Allied Headquarters member or dependent.

2 - Whilst in the Portuguese Republic members and dependents who satisfy the legal requirements in the Portuguese Republic shall be permitted to obtain a Portuguese driving license after complying with the appropriate Portuguese regulations.

3 - Subject to further arrangements, the Portuguese Republic shall assist an Allied Headquarters in establishing and accrediting driver's instructions, testing, and licenses in the Portuguese Republic.

Article 28

Registration plates

1 - The Portuguese Republic shall register motor vehicles and issue registration plates for the official motor vehicles and trailers of an Allied Headquarters and of the members' and their dependents' privately owned motor vehicles and trailers, regardless of their type in accordance with the terms set out in this Supplementary Agreement.

2 - Without prejudice to paragraph 1, or the Agreement, Article XI, an Allied Headquarters shall, subject to further arrangements with the Portuguese Republic, be entitled to perform the registration of its official motor vehicles and trailers and of the members' and their dependents' privately owned motor vehicles and trailers, regardless of their type, taking due account of the following:

3 - If a Supreme Headquarters deems it essential for security reasons and as a force protection measure, the Portuguese Republic shall issue cover registration plates to official motor vehicles and trailers, and privately owned motor vehicles and trailers, as requested by an Allied Headquarters. The use of cover registration plates shall not be understood as a voluntary waiver of entitlements and immunities set up in Articles 7 and 17 of this Supplementary Agreement.

4 - Registration and registration plates shall be provided free of charge for official motor vehicles and trailers, whereas Portuguese registration of and issuance of registration plates for privately owned motor vehicles and trailers, and of cover registration plates, shall be provided at actual cost only.

5 - Nothing in this Article shall be understood to contradict or impede the rights afforded to a sending State under the Agreement, Article XI, to temporarily import and re-export service vehicles on the conditions and subject to the documentation stipulated in the Agreement.

Article 29

Military clubs, travel concessions, and sport facilities

The Portuguese Republic shall grant members and dependents access to military amenities and clubs, travel concessions and discounts, and sport facilities at the conditions as those available to members of the Portuguese Armed Forces and their dependents.

Article 30

Medical and dental services

1 - Pursuant to the Agreement, Article IX, paragraph 5, the Portuguese Republic shall permit members and their dependents to receive medical and dental care, including hospitalization, on terms established or to be agreed between the Portuguese Republic and the Allied Headquarters or the sending States, as appropriate.

2 - The Portuguese Republic shall take all necessary measures to ensure that procedural provisions exist to prevent delay or denial of such care by reason of lack of Portuguese personal or identification number, registration or other proof of status normally used by Portuguese citizens.

3 - Access to the health services of the Portuguese Armed Forces should also be guaranteed on terms established or to be agreed between the Ministry of Defence of the Portuguese Republic and the Allied Headquarters.

Article 31

Educational services

1 - Members and their dependents shall be granted access to education and kindergartens, including Portuguese language instruction, provided by Portuguese authorities (including regional, municipal authorities and the like), under the same conditions and subject to the same course fees as applicable to comparable Portuguese citizens.

2 - The Portuguese Republic shall support the establishment of an international school in the vicinity of an Allied Headquarters and shall ensure that such school receives the same facilities and conditions as accorded to the private schools in the Portuguese Republic. This support includes assistance to achieve accreditation of such school by national and international agencies.

3 - An Allied Headquarters in the Portuguese Republic is authorised to set up and operate additional international schools, just as national units' schools may be set up by the Allied Headquarters and/or national units under conditions and procedures to be subsequently established. Such schools shall have their own rules and regulations concerning all operational and administrative procedures, to include but not limited to curriculum and teacher qualifications. Such school shall be eligible for applying for support and facilities in accordance with paragraph 2 above.

4 - The Portuguese Republic shall recognize, validate, and certify diplomas issued by schools referred to in paragraphs 2 and 3 above, and shall permit transfer or transition to the Portuguese education system, from elementary through high-school/gymnasium, according to and subject to the same rules and procedures under Portuguese law applicable to comparable private Portuguese schools, to higher education/university.

Article 32

Welfare services

1 - The Headquarters members and dependents can be engaged in support of Morale and Welfare programmes established by the Allied Headquarters and by national support units in accordance with NATO regulations. Such engagement does not amount to or correspond to employment.

2 - In case a member dies or leaves the Portuguese Republic permanently, the dependents of such a member shall continue to be considered as dependents under this Supplementary Agreement for a period of up to ninety (90) days after such death or transfer, on the condition that the dependents are present in the Portuguese Republic. Upon request of an Allied Headquarters, the Portuguese Republic will give sympathetic consideration to extend the ninety (90) days up to one (1) year, in order to enable dependents to complete a school year or due to other compelling circumstances, to be determined on a case-by-case basis.

3 - Should Portuguese education and social services become involved in cases regarding members or dependents without prior request of their sending State, the involved national support unit(s) or Allied Headquarters, as appropriate, shall be informed.

Article 33

Implementation and dispute settlement

1 - The Parties agree to take the required measures to facilitate the implementation and execution of the present Supplementary Agreement.

2 - All communications and arrangements exchanged or concluded subsequent to this Supplementary Agreement shall be conducted in the English or French languages, being recognised as the only official NATO languages.

3 - Any dispute between the Parties concerning the interpretation or application of the present Agreement shall be settled through negotiation. Except where express provision is made to the contrary in the present Agreement or in the Protocol, disputes which cannot be settled through negotiations shall be resolved as envisaged in the Protocol, Article 15.

Article 34

Entry into force

This Supplementary Agreement shall enter into force the day following the date of receipt of the later of the notifications, in writing, conveying the completion of the internal procedures of each Party required for that purpose.

Article 35

Amendments

1 - This Supplementary Agreement may be amended by request of any of the Parties.

2 - The amendments shall enter into force in accordance with the terms specified in Article 33 of this Supplementary Agreement.

Article 36

Duration and termination

1 - Following the expiration of an initial period of two (2) years, this Supplementary Agreement shall remain in force for an indefinite period of time.

2 - Following the expiration of the initial period of two (2) years, either Party may, at any time, terminate the present Supplementary Agreement upon a prior notification in written and through diplomatic channels.

3 - The present Supplementary Agreement shall terminate one (1) year after the receipt of such notification. However, the Parties may subject to specific circumstances and by mutual consent agree to extend this Supplementary Agreement for an additional period of one (1) year.

4 - This Supplementary Agreement shall remain in force irrespective of the permanent presence of an Allied Headquarters in the territory of the Portuguese Republic.

5 - Without prejudice to the Agreement, Article XV, and the Protocol, Article 16, and subject to the provisions of paragraph 6 below, this Supplementary Agreement shall remain in force in case of hostilities to which the North Atlantic Treaty applies. However, the provisions relating to the location and personnel strength of an Allied Headquarters shall, in the event of such hostilities, immediately be the subject of examination by the appropriate Supreme Headquarters and the Portuguese Republic so that any desirable amendments may be made in the application of this Supplementary Agreement. Moreover, Article 3, paragraph 2, shall not apply to relocations determined necessary by the Portuguese Republic under such circumstances.

6 - In the event of hostilities as defined above, each Party shall be entitled, after 60 days' notice to the other Parties, to suspend the application of any provision, except Article 33, of this Supplementary Agreement in so far as it may be necessary. If this right is exercised, the Parties shall forthwith consult one another so that arrangements may be reached on the proper provisions to replace those in respect of which application has been suspended.

In witness whereof the undersigned, duly authorised thereto have signed this Supplementary Agreement.

Done in Brussels, on the 3rd of December 2013, in three originals, in the Portuguese and English languages, all texts being equally authentic.

For the Portuguese Republic:

Rui Chancerelle de Machete, Minister of State and of Foreign Affairs.

For the Supreme Headquarters Allied Powers Europe:

General Philip M. Breedlove, Supreme Allied Commander Europe.

For Headquarters, Supreme Allied Commander Transformation:

General Jean-Paul Paloméros, Supreme Allied Commander Transformation.

ANNEX TO THE AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC, OF THE ONE PART, AND THE SUPREME HEADQUARTERS ALLIED POWERS EUROPE AND HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION, OF THE OTHER PART, TO SUPPLEMENT THE PROTOCOL ON THE STATUS OF INTERNATIONAL MILITARY HEADQUARTERS SET UP PURSUANT TO THE NORTH ATLANTIC TREATY.

1 - Subject to the control, use and disposal set forth in this Supplementary Agreement and without prejudice to the privileges granted under the Paris Protocol, Article 8, paragraphs 2 and 3, and the Agreement, in particular Article XI, paragraphs 5 and 6, entitled members and their dependents enjoy the following entitlements in implementation of Article 17, Fiscal Entitlements:

1) Personal effects and furniture: During the six (6) months subsequent to their arrival, or if they arrive unaccompanied, the six (6) months subsequent to the arrival of their last dependent(s), entitled members and their dependents may import their personal effects and furniture free of duties and taxes for their personal use for the term of such service. After the expiration of the six (6) month period, they may also import duty or tax-free a supplementary shipment of personal effects and furniture. In any case and at any time, entitled members may replace, by means of import free of taxes and duties, lost or destroyed personal effects or furniture that was previously imported duty or tax-free. Such items, to include other personal effects acquired during the period of NATO service, may also be re-exported duty and tax-free;

2) Privately owned motor vehicles (to include motor cycles, caravans): Entitled members may for the term of their service import their private motor vehicles for the personal use of themselves and their dependents, regardless their type, free of duties and taxes. The definition of motor cycles will follow Portuguese legislation;

3) Recreational crafts (as defined as such under Portuguese legislation), trailers, and recreation and camper vans: Entitled members may for the term of their service import their private recreation and camper vans, regardless their type, free of duties and taxes, as part of their personal effects and furniture and for the personal use of themselves and their dependents;

4) Receiving parcels through Allied Headquarters' or the Portuguese postal systems free of all duties and taxes provided the contents are for the personal use of themselves and their dependents and that the total value of the parcel does not exceed (euro) 100;

1) Personal effects for their personal use in their daily household, when the total value of the goods according to one invoice exceeds (euro) 270 (VAT included). A detailed list of effects shall be established between the Supreme Headquarters and the Ministry of Defense of the Portuguese Republic. In any case, the exemption does not apply to:

(a) Construction services, including materials;

(b) Water, gas and electricity;

(c) Food and drinks;

(d) Restaurant services;

(e) Accommodation services;

(f) Telephone services;

2) Petrol and other fuels with the following monthly limits (per vehicle), with a maximum of two (2) privately owned motor vehicles or three (3) for the Head of an Allied Headquarters, considering that the number of privately owned motor vehicles having tax-free fuel shall not exceed the number of persons in the household above the driving age:

(a) Motorcycles - 90 litres;

(b) Automobiles - 150 litres;

3) Privately owned motor vehicles:

(a) A maximum of two (2) privately owned motor vehicles per household purchased in the Portuguese Republic free of taxes; however the total number of privately owned motor vehicles so purchased shall not exceed the number of persons in the household above the driving age. Each vehicle may be replaced after 4 years of the purchase or at any time if disposed of in accordance with Article 17, paragraph 8, sections e) or f);

(b) A maximum of three (3) privately owned motor vehicles for the household of the Head of an Allied Headquarters purchased in the Portuguese Republic free of taxes; however the total number of privately owned motor vehicles so purchased shall not exceed the number of persons in the household above the driving age. Each vehicle may be replaced after 4 years of the purchase or at any time if disposed of in accordance with Article 17, paragraph 8, sections e) or f).

2 - Rationed items may be purchased in Allied Headquarters' canteens in amounts to be agreed between the Supreme Headquarters and the Ministry of Defense of the Portuguese Republic.

3 - Tax exemptions on importation or purchase of means of transport are granted up to three (3) months before an entitled member enters the Portuguese Republic. Moreover, exemptions shall only be permitted during the last six (6) months of a planned tour of duty with the motivated endorsement of the sending State or Allied Headquarters, as appropriate.

4 - An Allied Headquarters shall provide internal regulations with regard to the administration of purchases made in the Allied Headquarters' canteen for official functions of that Headquarters.

5 - Nothing in this Annex is construed to interfere with customs allowances for crossing international borders, and it is an individual responsibility to duly observe and comply with customs regulations in force.