Portugal / Spain

Name of the Agreement and date

  • Protocol between the Kingdom of Spain and the Republic of Portugal regarding technical co-operation and mutual assistance about Civil Protection.
  • Valid from July 2, 1993

Parties

  • Spain
  • Portugal

Purpose

  • Preparation and execution of projects of scientific and technical cooperation in the matter of Civil Protection (Article 1)

Definitions

  • N/A

Information and Coordination

  • Each Party can request assistance from the other Party in cases of emergency or catastrophe or as a preventive measure. (Article 3.1)
  • 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 3.7)

Personnel and Equipment

  • The equipment and relief supplies that leave a country to provide assistance to the other Party's territory, must return to their original country once the assistance is finished, and if that should not happen without a valid reason, the equipment and relief supplies shall remain under each country's applicable laws and regulations. (Article 3.6)

Expenses

  • There will be no compensation of expenses caused by the assistance or by vehicles or any other material lost, damaged or destroyed. (Article 4.1)
  • The Assisted Party shall pay for the expenses caused by the supply of the relief equipment, and for the costs of the articles needed by the vehicles or any other material. (Article 4.2)

Liabilities, Claims and Compensations

  • Each Party waives its claims against the other Party for compensation in the case of death occurring as a consequence of the assistance. (Article 4.3)
  • 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 shall only be responsible in the case of criminal negligence. (Article 4.4)
  • Any damage to a third party caused during the transport of the means of assistance, shall be covered by the Assisted Party. (Article 4.5)

Limited territorial application

  • The Agreement will only apply in the continental territory of both countries. (Article 3.2)

Border crossing

  • The parties shall undertake all reasonable steps to facilitate the crossing of their borders. (Article 3.3)
  • The authorities of both Parties shall ensure rapid opening of their respective borders whenever the assistance requires it. Both Parties shall study practical solutions in order to ensure the opening alternative temporary border-crossing points to facilitate the assistance to the receiving Party as well as border-crossing in zones without permanent frontier customhouses. (Article 3.4)
  • To facilitate the prompt presence of aircraft used for the assistance, both Parties will authorize the uninterrupted opening of their air space for as long as the mission requires it. (Article 3.5)

Operating plans / Guidelines

  • N/A

Interpretation and Settlement of disputes

  • Any disputes arising from the application and execution of the Agreement shall be settled through negotiations in accordance with international law. (Article 10)

Entry into force, duration, termination and withdrawal

  • This Protocol shall remain in force for four years, and shall be automatically extended for another four years, unless any one party gives notice to the other, three months before its expiration. Thereafter it shall be renewed in the same manner. (Article 9.2)
  • This Protocol may be terminated at any time by either Party upon six months diplomatic notice to the other Party. The termination of the Protocol shall not affect the implementation of the projects and programmes being carried out at the time when it was in force. (Article 9.3)

Amendments

  • N/A

Other provisions

The scientific and technical cooperation between both Parties can cover the following:

  1. Preparation and execution of concrete projects and programmes.
  2. Exchange of technicians for professional assistance and consultation.
  3. Fellowships in each parties' institutions.
  4. Design and development of joint exercises.
  5. Meetings, workshops and seminaries.
  6. Exchange of information, documents, publications and didactic materials.
  7. Any other kind of scientific and technical cooperation agreed by the Parties. (Article 1.2)

last updated:  Monday, July 1, 2002