TECHNICAL ARRANGEMENT BETWEEN THE MINISTRY OF DEFENCE OF THE CZECH REPUBLIC AND THE MINISTER OF DEFENCE OF THE KINGDOM OF THE NETHERLANDS

Transcription

1 TECHNICAL ARRANGEMENT BETWEEN THE MINISTRY OF DEFENCE OF THE CZECH REPUBLIC REPRESENTED BY THE GEOGRAPHIC SERVICE OF THE ARMED FORCES OF THE CZECH REPUBLIC AND THE MINISTER OF DEFENCE OF THE KINGDOM OF THE NETHERLANDS REPRESENTED BY THE ROYAL NETHERLANDS ARMY GEOGRAPHIC AGENCY ON CO-OPERATION IN THE FIELD OF MILITARY GEOGRAPHY

2 INTRODUCTION The Ministry of Defence of the Czech Republic represented by the Geographic Service of the Armed Forces of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands represented by the Royal Netherlands Army Geographic Agency, hereinafter referred to as the Participants, Desiring to co-operate in the field of military geography in accordance with para 12 Article 2 of the Arrangement Between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands on Mutual Co-operation, signed in Prague on 11 September 1995, Have reached the following understanding: SECTION 1 Purpose The purpose of this Technical Arrangement is to set down the forms, principles and rules of co-operation between the Participants in the field of military geography. Military geography is defined for the purposes of this Technical Arrangement as scientific research, development, production and support activities within the armed forces or for their benefit in the fields such as: geodesy and geophysics, geography, topography, cartography, photogrammetry and remote sensing, geographic information systems, carto-reproduction, and in the other fields related to the information on the Earth surface and its influence on the military activities. SECTION 2 Executive Bodies On behalf of the Czech side, the Technical Arrangement will be executed by the Geographic Service of the Armed Forces of the Czech Republic and on behalf of the Dutch side by the Royal Netherlands Army Geographic Agency. 2

3 SECTION 3 Areas of Co-operation 1. The Participants will co-operate particularly in the following areas: a) Mutual exchange of military geographic products, geodetic, geomagnetic and gravimetric data, software and their utilisation (hereinafter referred to as the Products ) as specified in the Implementing Protocols A and B to this Technical Arrangement; b) Exchange of other technical documents, specifications, materials and services; c) Providing of information on respective production and possibilities of its exchange; d) Exchange of experience and views on achieving the interoperatibility and implementation of NATO geographic standards. e) Organising short-term visits and training courses on new technologies for specialists; f) Exchange of specialists; g) Participation in symposiums and workshops organised by the Participants, h) Co-production and common research and development projects. 2. Exchange of products will be carried out either on routine basis, or on request and will be free of charge. SECTION 4 Principles 1. The Participants will co-operate in the fields of common interest based on their technical, personnel, and financial or other capabilities. 2. Deliveries of products are carried out upon providing Participant approval and without delay. 3. The Participants will seek mutually balanced co-operation. To ensure this, regular evaluation of co-operation between the Participants will take place. 4. The evaluation will be based on the principle of accounting balance as stated in Sections 8 and 9 of this Technical Arrangement. Only exchange on request will be included to this accounting balance. 5. The Participants will exchange mainly unclassified products and information related to the state territories of the Participants, areas of their production responsibilities in accordance with MC 296 (NATO Geographic Policy), crisis areas and areas of their interests. 3

4 6. The exchange and handling of classified information will: a) be in accordance with Article 8 of the Arrangement Between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands on Mutual Co-operation, signed in Prague on 11 September 1995, b) be subject to Article VI of the Memorandum of Understanding Between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands Regarding Exchange of Data and Co-operation in Defence Research and Technology, signed in Brussels on 13 April 2000, c) respect other restrictions and instructions set forth by the providing Participant and d) be in accordance with Participants applicable national security laws and regulations and Security Agreements between the Participants, to the extent that they provide a degree of protection no less stringent than that provided for NATO classified as detailed in the document Security within the North Atlantic Treaty Organisation C-M (2002) 49 of 17th June 2002 including all supplements and amendments thereto. 7. In case of termination of this Technical Arrangement, Participants will return, as soon as possible, all classified information or material exchanged in connection with this Technical Arrangement. If the return of classified information is not possible, Participants will continue to protect the information or material in accordance with the provisions mentioned in paragraph 6 of this section. 8. Realisation of co-production and common research and development projects of the Participants will be subject to principles set out in the Memorandum of Understanding Between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands Regarding Exchange of Data and Co-operation in Defence Research and Technology, signed in Brussels on 13 April Data formats and media for digital products transfer will be mutually decided upon by the Executive Bodies. Written information will be provided in the English language (preferred) or in the providing Participant s native language unless otherwise specified by the Executive Bodies. 4

5 SECTION 5 Implementing Protocols 1. The Executive Bodies may conclude Implementing Protocols to specify details of co-operation under this Technical Arrangement. 2. Implementing Protocols do not form an integral part of this Technical Arrangement. They will not include any provisions being in contradiction to this Technical Arrangement. If any inconsistency or ambiguity exists between this Technical Arrangement and any of the Implementing Protocols, the Technical Arrangement will prevail. 3. Implementing Protocols enter into effect on the date of their signature. 4. Implementing Protocols may be modified or amended by mutual agreement of the Executive Bodies. Modifications and amendments of Implementing Protocols will require neither new negotiation nor amendment of this Technical Arrangement. 5. An Implementing Protocol will be terminated after termination of this Technical Arrangement, after expiration of the period for which the Implementing Protocol has been concluded, after denunciation of the Implementing Protocol by either Participant in writing or by mutual agreement of the Participants in writing. SECTION 6 Mutual Obligations 1. Participants will be responsible for protecting the intellectual property rights, for abidance of restrictions to utilisation or reproduction of products or derived information. 2. Neither Participant will transfer by any way the products provided by the other Participant or results of co-production of the Participants pursuant to this Technical Arrangement to a Third Party without a written consent of the other Participant. 3. The Participants 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 Participant in advance in writing. 4. The Participant providing the other Participant s or co-produced 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. 5

6 SECTION 7 Products Delivery 1. All products delivered under this Technical Arrangement will be accompanied by the delivery documents clearly identifying the content of each consignment including the type of exchange whether this is on routine basis or on 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 will be confirmed by the receiving Participant and sent back to the forwarding Participant as a confirmation of delivery. 3. Requests for product delivery will be forwarded directly to the Executive Bodies (Implementing Protocol C: Addresses). 4. All mailing and transport costs will be borne by the forwarding Participant. SECTION 8 Standard Map Unit 1. To set down the co-operation accounting balance, the Standard Map Unit (hereinafter referred to as the SMU ) is being introduced. SMU serves only for internal and administrative purposes of the co-operation between the Participants and as a cost unit. SMU may be expressed by its financial value. 2. SMU is defined as one copy of a five-coloured topographic map sheet at size of 56 x 76 cm. 3. To convert products on SMU, the following applies: a) 1 copy of very large size map sheet = 5 SMUs each, b) 1 copy of large sized map sheet i.e. ONCs, TPCs, LFCs, and other air navigation charts = 3 SMU, c) 1 copy of medium sized map sheet JOGs 1501-GROUND, 1501-AIR, topographic maps, town/city plans = 1 SMU, d) 1 copy of TFC (L) map sheet = 1.5 SMU. 4. SMU conversion ratio for digital geographic products and related specifications and technical publications, other materials and services, and products not listed in para 3 of this Section will be determined by mutual decision of the Executive Bodies. 5. Financial value of SMU will be determined in writing by mutual decision of the Executive Bodies. The above-mentioned financial value is set up for accounting purposes only and may be changed upon mutual decision. 6

7 SECTION 9 Balance of Mutual Co-operation 1. Balance of mutual co-operation according to this Technical Arrangement will be evaluated by each Participant once a year by 31 December of the current year and sent as a letter to the other Participant by 31 March of the following year. The letters will contain the lists of provided and received products, materials and services within the exchange on request (hereinafter referred to as the List ). 2. The transferred Lists will be checked by each Participant and mutually agreed on in writing. 3. If any Participant does not consider the balance of mutual co-operation as equal, the representatives of the Executive Bodies will agree on compensation in form of providing further products, specifications and technical documents, materials and services to the Participant which provided more products, materials or services. The compensation will be carried out in the terms agreed on and directly between the Executive Bodies. 4. Upon mutual consent of the Executive Bodies, the compensation of inequity may be transferred to the next calendar year. 5. 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. SECTION 10 Status of Forces Status of the representatives and specialists (members of the armed forces and civilian component) of the Participants staying on territory of the other Participant will be governed in accordance with Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of their Forces (hereinafter referred to as the NATO SOFA ) signed in London on 19 June SECTION 11 Claims Any claims arisen within the execution of this Technical Arrangement and its Implementing Protocols will be solved in accordance with Article VIII of NATO SOFA. 7

8 SECTION 12 Disputes Any disputes related to the interpretation and execution of this Technical Arrangement and its Implementing Protocols will be solved immediately by direct consultation between the Executive Bodies. If the Executive Bodies are not able to find a consensus, the dispute will be resolved by the consultation between the Participants and will not be referred to any international tribunal or any other Third Party for settlement. SECTION 13 Final Provisions 1. This Technical Arrangement will enter into effect upon the date of its signature by both Participants. 2. This Technical Arrangement does not create any rights and obligations under international law. 3. This Technical Arrangement is being concluded for an undetermined period of time. 4. Either Participant may terminate this Technical Arrangement in writing. This termination enters into effect six (6) months after the date of delivery of the written notification termination to the other Participant. 5. This Technical Arrangement may be modified or amended upon mutual consent of the Participants in writing. 6. In case of termination of this Technical Arrangement, Participants will prepare a Termination Protocol on mutually decided procedures to satisfy uncompleted obligations arising during the period the Technical Arrangement was in force. This Termination Protocol will remain valid until the final settlement of all outstanding obligations and claims. 7. Duties and liabilities of the Participants stated in Section 6 of this Technical Arrangement remain valid even after termination of this Technical Arrangement, unless otherwise specified by the Participants. 8

9 Implementing Protocol A to the Technical Agreement between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands on Co-operation in the Field of Military Geography I. EXCHANGE TOPOGRAPHIC AND SPECIAL MAPS AND RELATED PRODUCTS A. On Routine Basis 1. The Participants will exchange upon routine basis library copies of the newest edition of the following products from the areas of their production responsibilities: - 4 copies of Joint Operations Graphic Series 1501 and Series 1501-AIR, - 4 copies of topographic maps 1 : , - 4 copies of TFC (L) 2 nd Series 1 : , - 4 copies of maps of military training areas, - 4 copies of military road maps (atlases), - 1 copy of product catalogues (preferably in digital form), - 1 copy of Information on Participants production plans at least once a year (e.g. GEOSTAR). 2. In case that some of the above listed map products are not available, e.g. they have not been produced yet; they may be substituted with the same number of equivalents, if available. Otherwise, these products or their equivalents will be provided when produced. 3. The exchange on routine basis will be carried out without delay but not later than two months after publishing of the new edition of these products. B. On Request Products, not listed in Section I.A of this Implementing Protocol or additional copies of products listed in Section I.A of this Implementing Protocol, 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 Participants, 1

10 - Geodetic and geophysical data, - Gazetteers and - Specifications and technical documents to the required products. II. TECHNICAL SUPPORT Technical support including essential training and education of specialists intended to work on common projects will be provided on request of either Participant. Terms and conditions of this technical support will be mutually negotiated and approved by the Executive Bodies. III. COMMON PROJECTS 1. Common projects of the Participants will be subject to negotiation by the Executive Bodies. 2. Each common project will be specified in writing and approved by the Executive Bodies. 2

11 Implementing Protocol B to the Technical Agreement between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands on Co-operation in the Field of Military Geography I. EXCHANGE DIGITAL GEOGRAPHIC PRODUCTS AND RELATED DATA A. Copies of Digital Geographic Products 1. The Participants have decided to provide each other on request with digital geospatial information (matrix, raster or vector). Each exchange is a subject to a written request and it is the providing Participant s right to decide whether the particular digital geospatial information will be provided. 2. The Participants have decided that their paper products may be scanned by the other Participant for its own usage. A written approval of providing Participant is not required in this case. 3. The Participants have decided that it is forbidden to scan map products for usage by the third Party unless the providing Participant will provide the requesting Participant with a written approval. B. Specifications and Technical Documents Either Participant will furnish the other Participant on request with copies of specifications and technical documents related to both provided and co-produced digital geographic products. The copies provided will be preferably in English, if not available, in the language of the providing Participant. C. Application Software The Participants have reached consensus on the following: - The provision, on request, of necessary application software and upgrades, - There is no need for the providing Participant to provide the application-software source code unless otherwise approved by the representatives of the Executive Bodies in writing, 1

12 - It is forbidden to decode the provided application software in order to gain the source code and/or to copy the application software without previous written approval of the providing Participant and - In case of necessity to modify the provided application software, the receiving Participant will ask the providing Participant for a written approval; a project of such modifications will be mutually co-ordinated by the Participants. II. TECHNICAL SUPPORT Technical support, including essential training and education of specialists intended to work on common projects, will be provided on request of either Participant. Terms and conditions of this technical support will be mutually negotiated and approved by the Executive Bodies. III. COMMON PROJECTS 1. Common projects of the Participants will be subject to negotiation by the Executive Bodies. 2. Common projects will especially be focused on global geodesy, geophysics and geographic information system as well as on other methods of remote sensing in relation with the needs of military geography. Each common project will be specified in writing and approved by the Executive Bodies. 2

13 Implementing Protocol C to the Technical Agreement between the Ministry of Defence of the Czech Republic and the Minister of Defence of the Kingdom of the Netherlands on Co-operation in the Field of Military Geography ADDRESSES UAll enquiries, requests and shipments will be forwarded: UBy the Netherlands tou: a) enquiries and requests: Ministerstvo Obrany 5368 Vítězné náměstí Praha 6 Czech Republic Tel: Fax: geosacr@army.cz b) shipments Vojenský geografický a hydrometeorologický úřad Čs. odboje Dobruška Czech Republic Phone: Fax: vghur@vghur.army.cz 1

14 By the Czech Republic to: Dienst Geografie Koninklijke Landmacht (DGKL) Eperweg 141 Postbus ZX t Harde The Netherlands Tel: Fax: DGKLFRONTDESK.DGKL.OPCOONDER.CLASST.CLAS.KL@mindef.nl 2