Morocco / Spain

Name of the Agreement and date

  • Agreement on technical co-operation and mutual assistance about Civil Protection.
  • Valid from December 28, 1992

Parties

  • Spain
  • Morocco

Purpose

  • N/A

Definitions

  • N/A

Information and Coordination

  • Any information that arises as a consequence of the execution of this Agreement can be excluded, restricted or limited whenever any one Party expresses its desire to do so. (Article 1.5) The operations shall be directed by the authorities of the territory where the catastrophe takes place, nevertheless the assisting teams though acknowledging their objectives and missions to the Chief of Expedition, will act under their original superiors. (Article 2.8)
  • The contracting Parties shall exchange information on possibilities and means of aid and assistance that could be mobilized if needed. (Article 2.9)
  • The Parties agree that all aspects about the application and execution of this Agreement, as well as the facilities to be given in accordance with Article 1, shall be settled through Diplomatic channels. (Article 5.1)
  • The National Organizations responsible for international technical cooperation, shall be acquainted and shall coordinate the execution of the programmes and projects mentioned in Article 1. (Article 5.2)

Personnel and Equipment

  • In cases where assisting aircraft need to make technical stops, the authorities of the Assisted Party shall provide the crew with accommodation and ensure the security of the aircraft.(Article 4.3)

Expenses

  • The Parties shall define in each specific case, the ways of financing the actions of technical cooperation in a bilateral way, and can request and interest the participation of International Institutions and Organizations in developing joint programmes and projects in any of its forms. (Article 1.4)
  • The expense of furnishing the assistance equipment and materials during the operations, shall be covered by the Assisted Party. (Article 4.2)
  • The Assisted Party shall cover the expense of maintenance or substitutions due to loss, destruction or deterioration of aircraft, ground vehicles or assistance materials caused as a consequence of the rescue operations.(Article 4.4)

Liabilities, Claims and Compensations

  • During the assistance, in cases of emergency, the Assisting Party can require from the Assisted Party the reimbursement of all of the expenses caused by the rescue operations. (Article 4.1)
  • Each Party waives its claims against the other Party for compensation in the case of death occurring as a consequence of the assistance. (Article 4.5)
  • Any damage to a third party caused as a consequence of the assistance, will be covered by the Assisted Party, even in case of false manoeuvre and technical error. The Assisting Party will only be responsible in the case of criminal negligence. (Article 4.6))
  • Any damage to a third party during the transport of the means of assistance, will be covered by the Party in whose territory the accident occurred. The Assisting Party will only be responsible in the case of criminal negligence. (Article 4.7)

Limited territorial application

  • N/A

Border crossing

  • Each Party shall undertake all reasonable steps to facilitate entry and exit from its territory, without entry fees and without payment of any duties or taxes. The assisting Chief of Unit shall provide a certificate, from the competent authority of the assisting country in its original language, explaining its mission, the status of its unit and a list of the personnel and equipment. (Article 2.3)
  • The authorities of both Parties shall ensure fast opening of their respective borders whenever necessary for the assistance. Both Parties shall study practical solutions in order to open alternative temporary border-crossing points to facilitate the assistance to the receiving Party as well as border-crossing in zones without permanent frontier customhouse. (Article 2.4)
  • The personnel of the Assisting Party mentioned in Article 2.3 shall be allowed to cross the border without Passports and residence permit . (Article 2.5)
  • To facilitate the prompt presence of aircraft used for the assistance, both Parties will authorize their permanent entry for as long as necessary. (2.6)
  • All the equipment and materials used or intended to be used for the assistance, brought by the Assisting Party, shall go back to that Party's territory after the termination of the rescue operations.

Operating plans / Guidelines

  • N/A

Interpretation and Settlement of disputes

  • Any disputes arising from the application and execution of this Agreement shall be settled through Diplomatic channels (Article 5.1)
  • A Mixed Commission of Civil Protection will be created to ensure the effectiveness of this Agreement. This Commission shall discuss in periodical meetings the activities to be held and shall follow their development, and make proposals and amendments when needed. (Article 7)
  • Any controversy arising from the interpretation or the effects of this Agreement shall be settled in accordance with international law. (Article 10)

Entry into force, duration, termination and withdrawal

  • This Agreement shall be effective for four years, and shall be automatically extended, unless any one Party gives its written notice three months before its expiration.
  • This Agreement may be terminated by any one Party at any time with six months notice to the other Party. The termination of this Agreement shall not affect the implementation of any programme or project being carried out at the moment of its termination unless agreed by both Parties. (Article 9.3)

Amendments

  • N/A

Other provisions

  • N/A

last updated:  Monday, July 1, 2002