rijk/verdrag/verdrag-inzake-de-europese-groep-van-luchtmachten-van-6-juli-1998-zoals-gewijzig/BWBV0001463

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake de Europese groep van luchtmachten van 6 juli 1998, zoals gewijzigd bij het Protocol bij genoemd Verdrag	BWBV0001463	verdrag	geldend	2001-01-19	https://wetten.overheid.nl/BWBV0001463	Verdrag inzake de Europese groep van luchtmachten van 6 juli 1998, zoals gewijzigd bij het Protocol bij genoemd Verdrag

Verdrag inzake de Europese groep van luchtmachten van 6 juli 1998, zoals gewijzigd bij het Protocol bij genoemd Verdrag

Artikel 1

1. The purpose of this Agreement is to establish the legal, administrative and financial provisions for the operation and maintenance of the European Air Group.

2. The Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, done at London on 19 June 1951 (NATO SOFA), as well as the supplementary agreements thereto, which this Agreement complements, apply to the EAG.

Artikel 2

The objective of the European Air Group shall be to improve the operational capabilities of the Parties' Air Forces to carry out operations in pursuit of shared interests, primarily through mechanisms which enhance interoperability.

Artikel 3

1. The European Air Group shall consist of a two-level structure with an equal number of officers from each Party. At the higher level, it shall comprise two air officers, a director and deputy director, each from a different Party. They are supported, at the lower level, by a small permanent staff of Parties' officers and support staff, working under a chief of staff (COS). Each Party shall appoint a Senior Resident National Officer (SRNO) who shall be the senior representative of that Party within the permanent staff of the European Air Group. National experts may be called upon as necessary to reinforce European Air Group capabilities.

2. The European Air Group shall receive direction from a high-level political/military Steering Group composed of representative of the Ministries of Defence and Foreign Affairs, assisted by a staff level Working Group.

Artikel 4

The European Air Group shall be located at RAF High Wycombe, Buckinghamshire, England under arrangements mutually agreed by the Parties. RAF High Wycombe, through whom the support services to be provided under this Agreement shall be provisioned, is home to Headquarters Strike Command.

Artikel 5

Full command of personnel belonging to the European Air Group shall be retained by their respective National Military Authorities. Responsibility for implementing orders and directives, including the direction of exercise of authority in respect to administrative matters shall be vested in the Director of the European Air Group.

Artikel 6

1.

The military and civilian personnel of a Party are:

a. a. Personnel of one of the Parties, belonging to the armed forces for the purpose of working under this Agreement whilst present in the territory of another Party; b. b. Civilian personnel accompanying the armed forces of a Party, and who are employed by them, and who are neither stateless nor nationals of a non-Party, nor nationals of the State on the territory of whom the armed forces are deployed, nor persons whose usual place of residence is in that country.

2. Dependants include the spouse of military or civilian personnel and any dependant children.

Artikel 7

The categories of support and responsibility for providing support shall be as detailed in Annex A. Support provided by or on behalf of the Government of the United Kingdom pursuant to this Agreement shall apply to the Parties under peacetime conditions and shall comply with United Kingdom standards. Additional support requirements during periods of crisis and war shall be subject to agreement between the Parties. The provision of facilities and support may be reviewed and adjusted as deemed necessary by mutual arrangement between the European Air Group and RAF High Wycombe/HQ STC.

Artikel 8

Proposed amendments to the officer establishment shall be referred to the Steering Group by the Working Group.

Artikel 9

The SRNOs shall be responsible for the exercise of disciplinary powers over their own national personnel. At RAF High Wycombe, the SRNOs shall liaise with the Officer Commanding (OC) RAF High Wycombe who has overall responsibility for good order on the Station.

Artikel 10

1. The principles for the protection of classified documents and for personnel and physical security shall be as set out in this Article.

2. The COS shall be responsible for all security aspects within the European Air Group building, including the application of relevant rules for the processing and storage of classified documents.

3. Personnel selected for posts in the European Air Group shall have the required level of security clearance prior to taking up their posts. SRNOs shall maintain and exchange details of the security clearance level of all European Air Group personnel.

Artikel 11

1. All classified information or material exchanged or generated in connection with this Agreement shall be the joint property of the Parties. All such information or material shall be marked with the appropriate national level of classification, along with the caveat “EAG PARTIES EYES ONLY”.

2. All classified information or material wearing the caveat “EAG PARTIES EYES ONLY”, exchanged or generated in connection with this Agreement shall be used, transmitted, stored, handled and safeguarded in accordance with the protection rules provided for NATO classified information detailed in the document “Security Within the North Atlantic Treaty Organisation”, CM (55) 15 (Final) dated October 1990 and subsequent amendments.

3. Access to classified information or material wearing the caveat “EAG PARTIES EYES ONLY” will be limited to those persons who have a “need to know” and who have been security cleared in accordance with their own national standards to the level appropriate to the classification of the information or material to be accessed.

4. In all cases where classified information or material wearing the caveat “EAG PARTIES EYES ONLY” have been lost or disclosed to unauthorised parties, each Party shall promptly inform the other of the details of any such loss or disclosure of the results of any investigations carried out by the competent authorities and of any action to prevent any recurrence.

Artikel 12

1. OC RAF High Wycombe shall be responsible for physical security and for investigating any security incidents and occurrences involving personnel of the European Air Group at RAF High Wycombe. Any such incidents shall be dealt with by arrangements between OC RAF High Wycombe and the nominated SRNO. While within RAF High Wycombe, all personnel of the European Air Group and their visitors shall at all times abide by United Kingdom security rules and regulations applied by OC RAF High Wycombe. All such personnel shall be briefed at the beginning of their attachment on these security measures.

2. The RAF shall supply the resources to guarantee the secure storage of classified material.

Artikel 13

The working hours of the European Air Group staff shall be those of RAF High Wycombe and the Parties shall observe the United Kingdom public holidays. In addition, the COS shall draw up a list of public holidays by nationality. Entitlement to leave shall be determined in accordance with national regulations.

Artikel 14

English and French shall be the working languages of the European Air Group. Official European Air Group documents and other documents of major importance shall be written in both languages. Documents intended for a national body or for internal use may be written in the appropriate national language according to circumstances.

Artikel 15

When on duty, personnel of the European Air Group shall wear the uniform and insignia of their national Service as defined by the national regulations concerning dress.

Artikel 16

Military driving licences issued by a Party shall be valid on the territory of the other Parties, and shall permit all vehicles in the relevant category to be driven whilst on duty.

Artikel 17

Each Party shall be responsible for the provision of domestic accommodation for its own personnel participating in the European Air Group.

Artikel 18

The RAF shall make available to European Air Group personnel the privileges of membership in the relevant Service clubs and messes.

Artikel 19

European Air Group personnel and their dependants shall be eligible to use all RAF High Wycombe sports and social facilities in accordance with the rules and charges applicable to RAF personnel and their dependants.

Artikel 20

European Air Group military personnel shall be eligible for RAF medical and dental treatment under the same conditions as RAF personnel. Treatment shall be free of charge. European Air Group military personnel who require emergency medical and dental treatment which is beyond the capabilities of RAF High Wycombe may be admitted to a local hospital in accordance with National Health Service (NHS) regulations. European Air Group military staff requiring specialist attention on a non-emergency basis shall normally be referred to the appropriate Party's specialist or hospital. Medical care for dependants and civilian personnel shall be offered in accordance with NHS and existing European directives.

Artikel 21

Each Party shall be responsible for the provision of professional military training for its own personnel participating in the European Air Group.

Artikel 22

The European Air Group shall operate and run a budget with finances calculated in Sterling by the Parties. European Air Group costs shall be shared according to the Cost Share Formula at Annex B, applicable to those items where cost sharing applies as detailed at Annex A. Certain costs shall be either borne by the United Kingdom or shall be a national responsibility, as detailed at Annex A. Expenditures shall remain within the limits and the framework of the Parties' available funds.

Artikel 23

Each Party shall provision and control funding for its share of the common budget according to its own national regulations. The COS shall be responsible for the preparation of the draft annual budget. Thereafter approval and financial provision shall be the responsibility of the Parties. The COS shall also be responsible for the day to day management of expenditure in the allocated common budget. Each SRNO shall retain responsibility for those parts of the budget that are nation-specific.

Artikel 24

RAF High Wycombe shall supply a quarterly invoice through COS EAG for approval by the SRNOs. The European Air Group shall forward the cost invoices to the Parties for payment within 90 days of the date of the invoice. The invoice shall be presented in accordance with the cost sharing formula given in Annex B.

Artikel 25

Each Party shall be responsible for recovering its own Value Added Tax (VAT) charges, where applicable, from Her Majesty's customs and Excise, where permissible. In the event that such VAT is not recoverable, the United Kingdom Ministry of Defence shall bear the cost.

Artikel 26

The cost share items at Annex A shall be reimbursed by the Parties at the end of each quarter.

Artikel 27

United Kingdom Ministry of Defence regulations shall apply to those items of United Kingdom capital equipment, including office and security furniture and computer equipment, hired to other Parties.

Artikel 28

Personnel shall be paid in accordance with the rules and procedures of their respective Employer.

Artikel 29

When on detached duty, members of the European Air Group and military personnel engaged on visits and exchanges under the auspices of the European Air Group shall be charged for Service accommodation and food at the same rates as applicable to personnel of the Party providing the services.

Artikel 30

All travel costs for European Air Group duties, including road, sea, rail and air travel, but excluding subsistence allowances, shall be on a cost share basis according to the formula at Annex B. For national duties, including travel to and from domestic accommodation, the Parties shall be responsible for their own travel arrangements and costs.

Artikel 31

Postal charges for official European Air Group mail shall be applied on a cost share basis. Postal charges for other mail shall be a national responsibility.

Artikel 32

This Agreement may be amended at any time by mutual agreement, in writing, between the Parties.

Artikel 33

The Parties shall settle by negotiation any disputes which may arise with respect to the interpretation or application of this Agreement. Disputes shall not be referred to a third party or body for settlement, unless otherwise agreed.

Artikel 34

1.

This Agreement, including the two Annexes, shall remain in force indefinitely unless:

a. a. All Parties consent in writing to termination, or b. b. The EAG no longer requires the use of any facilities or services at RAF High Wycombe, in which event the date of termination shall be agreed by the Parties.

2. A Party may withdraw from this Agreement by giving at least six months' notice in writing to the depositary and a Party who so withdraws shall continue to be a Party to this Agreement until the effective date of its withdrawal.

Artikel 35

A State which wishes to become a Party may accede to this Agreement if it has been invited to accede by all the existing Parties. The invitation shall be communicated to the State by the depositary together with a certified copy of this Agreement and any amending instrument. The acceding State shall deposit an instrument of accession with the depositary and the Agreement shall enter into force for the new Party 30 days after deposit of the instrument.

Artikel 36

The Government of the United Kingdom shall be the depositary of this Agreement and any amending instruments.