2008. évi XXXIV. törvény
a Magyar Köztársaság Kormánya és az Észak-atlanti Szerződés Szervezete közötti, a NATO Légiszállítást Kezelő Szervezetnek a Magyar Köztársaság területén való településéről és működéséről szóló Megállapodás kihirdetéséről1
1. § Az Országgyűlés e törvénnyel Felhatalmazást ad a Magyar Köztársaság Kormánya és az Észak-atlanti Szerződés Szervezete közötti, a NATO Légiszállítást Kezelő Szervezetnek a Magyar Köztársaság területén való településéről és működéséről szóló Megállapodás (a továbbiakban: szerződés) kötelező hatályának elismerésére.
2. § Az Országgyűlés a szerződést e törvénnyel kihirdeti.
3. § A szerződés angol és magyar nyelvű hiteles szövege a következő:
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF HUNGARY AND THE NORTH ATLANTIC TREATY ORGANISATION ON THE INSTALLATION AND OPERATION OF THE NATO AIRLIFT MANAGEMENT ORGANISATION IN THE REPUBLIC OF HUNGARY)~„AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF HUNGARY AND THE NORTH ATLANTIC TREATY ORGANISATION ON THE INSTALLATION AND OPERATION OF THE NATO AIRLIFT MANAGEMENT ORGANISATION IN THE REPUBLIC OF HUNGARY
The Government of the Republic of Hungary,
Represented by His Excellency Mr Zoltán Martinusz,
Permanent Representative of the Republic of Hungary on the North Atlantic Council
and
The North Atlantic Treaty Organisation,
represented by His Excellency Mr. Jaap de Hoop Scheffer,
Secretary General of the North Atlantic Treaty Organisation
Hereinafter referred to as „the Parties”,
Considering that the Charter of the NATO Airlift Management Organisation was approved by the North Atlantic Council on 20 June 2007;
Considering the Agreement on the Status of the North Atlantic Treaty Organisation, National Representative and International Staff, done in Ottawa on 20 September 1951;
Considering the Memorandum of Understanding on Strategic Airlift Capability;
Considering the offer of the Government of Republic of Hungary to accommodate the NATO Airlift Management Organisation and the NATO Airlift Management Agency on its territory;
Considering the willingness of the Government of the Republic of Hungary to accommodate the Strategic Airlift Capability on the Papa Airbase in the Republic of Hungary;
Desiring to define the legal status of the NATO Airlift Management Organisation, the NATO Airlift Management Agency, and NAMO officials, when present on its territory;
Have agreed as follows:
ARTICLE 1
DEFINITIONS
For the purpose of the present Agreement:
1.1 „Hungarian Authorities” means the organs of the Government of the Republic of Hungary, including the organs of the Hungarian public administration as well as their duly designated and authorised officials;
1.2 „NAMO Charter” means the Charter of the NATO Airlift Management Organisation, as approved by the North Atlantic Council on 20 June 2007;
1.3 „NAMO” means the NATO Airlift Management Organisation, created within the framework of the North Atlantic Treaty Organisation and established by the North Atlantic Council, pursuant to Article IX of the North Atlantic Treaty, as well as its entities pertaining thereto: the Board of Directors, the Management Agency, Permanent Committees as well as established Working Groups;
1.4 „NAMA” means the NATO Airlift Management Agency, the executive body of the NATO Airlift Management Organisation, led by the General Manager and the organisation under his/her authority (Headquarters and Operational Centres);
1.5 „NAMO official” means a member of the NATO Airlift Management Organisation personnel, contracted from or contributed by a NATO member State and/or non-NATO member State participating in the activities of the NATO Airlift Management Organisation;
1.6 „Ottawa Agreement” means the Agreement on the status of the North Atlantic Treaty Organisation, National Representatives and International Staff, done in Ottawa on 20 September 1951, and ratified by the Republic of Hungary on 29 February 2000, as enacted in the Act of the Parliament XII of 2000.
ARTICLE 2
RIGHTS AND DUTIES OF THE PARTIES IN RELATION TO THE ACCOMMODATION AND BUILDINGS PROVIDED BY THE REPUBLIC OF HUNGARY
2.1 The Hungarian authorities, in consent with the NAMO, in order to enable the NAMO to perform its functions, shall make available to it, free of charge, duties or any taxes, the premises, facilities and buildings needed thereto.
The Ministry of Defence of the Republic of Hungary and the NAMO shall conclude in this respect a separate agreement.
2.2 Costs related to the operation, maintenance and refurbishing of premises, facilities and buildings, made available to the NAMO by the Hungarian authorities, and used or supported by the NAMO shall be paid by NAMO.
2.3 The premises, facilities and buildings, used by the NAMO as its offices shall be inviolable. The property of the NAMO and its assets, wheresoever located and by whomsoever held in the territory of the Republic of Hungary, shall be immune from search, requisition, confiscation, expropriation or any other form of interference in accordance with Article VI of the Ottawa Agreement.
2.4 The legal status of new premises, facilities and buildings, constructed with NAMO funds, on land owned by the Republic of Hungary, shall be defined in a separate agreement between the Parties.
2.5 Premises, facilities and buildings, owned by the Republic of Hungary, which are refurbished with NAMO funds, shall remain Hungarian State property. The value of these premises, facilities and buildings, and the current indexed value of investments made, shall be reviewed on a yearly basis as determined by implementing arrangements concluded thereto.
2.6 The NAMO shall hand over to the Republic of Hungary, the premises, facilities and buildings, as mentioned in paragraph 1 of the present Article, as well as premises, facilities and buildings, constructed by the NAMO, after the date of the entry into force of the present Agreement, and which are no longer required by NATO.
2.7 At the date of the handing over of these premises, facilities and buildings to the Republic of Hungary, the competent Hungarian authorities shall define in consent with the NAMO their residual value, if any, and determine the improvements, alterations or modifications made as well as fixtures, added and/or funded by the NAMO.
ARTICLE 3
STATUS, PRIVILEGES AND IMMUNITIES
3.1 As defined in Section IV „Legal Status” of the NAMO Charter, the Government of the Republic of Hungary confirms that the provisions of the Ottawa Agreement shall apply to the NAMO, the NAMA and the NAMO officials.
3.2 The Government of the Republic of Hungary shall accord to the senior officials of the NAMO, as designated by the Secretary General of the North Atlantic Treaty Organisation, the immunities and privileges normally accorded to diplomatic personnel of comparable rank, in accordance with Article XX of the Ottawa Agreement.
3.3 The NAMO shall communicate to the Ministry of Foreign Affairs of the Republic of Hungary, the names of the NAMO officials and the names of members of their family being part of their household, upon their arrival. After registration by the Ministry of Foreign Affairs, all the NAMO officials shall be provided with a special identity card, certifying that they are officials of NAMO, enjoying the privileges and immunities as specified in the present Agreement.
ARTICLE 4
EXEMPTION FROM TAXATION
4.1 The NAMO shall be exempted from all direct taxes in respect of the implementation of the present Agreement, in accordance with the provisions of the Ottawa Agreement.
4.2 The NAMO shall be exempted from indirect taxes regarding: the importation, exportation and acquisition of goods and services (hereinafter: acquisitions) made by the Organisation for its official purposes within and from the territory of the Republic of Hungary. It shall be exempted from value added tax and excise duties, as appropriate, in accordance with the provisions of the Ottawa Agreement.
4.3 The exemption from value added tax shall be provided by means of direct exemption in case of acquisitions made by the NAMO for build-up or further infrastructural development investments of buildings and facilities used for official purposes, and the acquisition of petrol, oil, lubricants made through the designated department of the Ministry of Defence of the Republic of Hungary regarding the NAMO owned aircraft, as well as vehicles and equipment directly associated for its operation.
4.4 In all other cases value added tax and excise duties exemptions are provided by means of tax refund in accordance with the relevant provisions of the legal regulations of the Republic of Hungary relating to international organizations recognized as such by the Republic of Hungary.
ARTICLE 5
EXEMPTION FOR TAXATION OF THE NAMO OFFICIALS
5.1 NAMO officials as well as members of their family being part of their household, except Hungarian nationals or those who are permanent residents in the Republic of Hungary, are entitled to reclaim the value added tax and excise duties included and paid in the price of products and services imported or purchased within the territory of the Republic of Hungary for personal use. The tax refund provided shall be exercised in accordance with the relevant provisions of the legal regulations of the Republic of Hungary relating to the officials of international organizations recognized as such by the Republic of Hungary.
5.2 The same regulations and exemptions shall apply regarding vehicles owned by NAMO and personally owned vehicles by NAMO officials, except Hungarian nationals or those who are permanent residents in the Republic of Hungary, as applicable with regard to diplomatic missions and members of the diplomatic staff, present in the territory of the Republic of Hungary.
ARTICLE 6
CUSTOMS DUTIES AND CUSTOMS PROCEDURES
6.1 The NAMO, its assets, income and other property shall be exempt:
a) from all customs duties and quantitative restrictions on imports and exports in respect of articles imported or exported by NAMO for its official use;
b) from all customs duties and quantitative restrictions on imports and exports in respect of its publications.
6.2 The NAMO officials as well as the members of their family, being part of their household are entitled in accordance with the relevant provisions of the legal regulations of the Republic of Hungary relating to officials of international organizations recognized as such by the Republic of Hungary:
a) to import free of duty their furniture and effects at the time of first arrival to take up their post in the Republic of Hungary, and, on the termination of their functions to re-export such furniture and effects free of duty;
b) to import temporarily free of duty their personally owned vehicles and subsequently to re-export such vehicles free of duty.
6.3 Without prejudice to the provisions of paragraphs 6.1 and 6.2 of the present Article, the relevant legal regulations in force on the territory of the Republic of Hungary shall be applied to the customs procedures.
6.4 The Hungarian Authorities shall inform the NAMO about the above mentioned legal regulations.
ARTICLE 7
LOCAL LABOUR
7.1 Employment of local personnel who are not NAMO officials shall be governed by the appropriate Hungarian legal provisions or regulations. The NAMO regulations applicable to such personnel shall be determined by the NAMO Board of Directors in consultation with the Secretary General of NATO and with the agreement of the Hungarian Authorities. Such local personnel shall be subject to the Hungarian Social Security scheme.
7.2 Local personnel employed by the NAMO, who are not NAMO officials, shall be accorded immunity from legal process in respect of words spoken or written or acts done by him or her in the performance of his or her official NAMO functions.
ARTICLE 8
MEDICAL TREATMENT
The NAMO officials and members of their family being part of their household shall have access to Hungarian medical facilities in accordance with the legal regulations of the Republic of Hungary and applicable international agreements relevant for the treatment of officials of international organisations, as well as members of their family being part of their household, in the Republic of Hungary.
ARTICLE 9
IMPLEMENTATION OF THE PROVISIONS OF THIS AGREEMENT
9.1 Implementing arrangements, as needed, shall be concluded between the General Manager of NAMA and the competent Hungarian Authorities for the implementation of the provisions of the present Agreement.
9.2 The NAMO contracting and purchasing shall be done by the NAMO in accordance with the SAC MOU provisions. The NAMO may authorise the designated agency of the Ministry of Defence of the Republic of Hungary, responsible for military procurements, to proceed with the NAMO funded procurements acting as a contracting agency in the name of the NAMO.
ARTICLE 10
BILATERAL AGREEMENTS
The present Agreement is without prejudice to the provisions of existing bilateral Agreements concluded between the Republic of Hungary and individual States party to the NAMO Charter.
ARTICLE 11
FINAL PROVISIONS
11.1 The present Agreement shall enter into force, on the first day of the first month after the Parties notify each other through diplomatic channels that the internal procedures for the entry into force have been completed.
11.2 This Agreement may be amended by mutual consent at the request of either Party. Such amendments shall enter into force in accordance with paragraph 1 of the present Article.
11.3 Either Party may terminate the present Agreement by notification to the other Party. Such termination shall take effect one year after the receipt of the notification.
11.4 Disputes relating to the interpretation, application and fulfilment of this Agreement shall be resolved by consultations between the Parties and shall not be referred to any national or international court or tribunal or any third party for settlement.
11.5 The provisions of the present Agreement remain in force for the settlement of issues that arose before the day on which the termination takes effect.
11.6 The provisions of the present Agreement remain in force in peacetime and also in time of NATO alert and war.
Done in Brussels, this 26th day of May 2008 in duplicate in the English, French and Hungarian languages, all versions being equally authentic. In case of any divergence of text, the English text shall prevail.
MEGÁLLAPODÁS A MAGYAR KÖZTÁRSASÁG KORMÁNYA ÉS AZ ÉSZAK-ATLANTI SZERZŐDÉS SZERVEZETE KÖZÖTT A NATO LÉGISZÁLLÍTÁST KEZELŐ SZERVEZETNEK A MAGYAR KÖZTÁRSASÁG TERÜLETÉN VALÓ TELEPÜLÉSÉRŐL ÉS MŰKÖDÉSÉRŐL
A Magyar Köztársaság Kormánya,
képviseletében Őexcellenciája Martinusz Zoltán nagykövet úr
a Magyar Köztársaság Állandó Képviselője az Észak-atlanti Tanácsban
és
az Észak-atlanti Szerződés Szervezete (NATO),
képviseletében Őexcellenciája Jaap de Hoop Scheffer úr,