2009. évi CXLIII. törvény

a Magyar Köztársaság Kormánya és a Macedón Köztársaság Kormánya között, a katasztrófák esetén történő együttműködésről és kölcsönös segítségnyújtásról szóló Egyezmény kihirdetéséről1

1. § Az Országgyűlés e törvénnyel felhatalmazást ad a Magyar Köztársaság Kormánya és a Macedón Köztársaság Kormánya között, a katasztrófák esetén történő együttműködésről és kölcsönös segítségnyújtásról szóló Egyezmény (a továbbiakban: szerződés) kötelező hatályának elismerésére.

2. § Az Országgyűlés a szerződést e törvénnyel kihirdeti.

3. § A szerződés hiteles angol és magyar nyelvű szövege a következő:

„AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF HUNGARY AND THE GOVERNMENT OF THE REPUBLIC OF MACEDONIA ON THE COOPERATION AND MUTUAL ASSISTANCE IN THE EVENT OF DISASTERS

The Government of the Republic of Hungary and the Government of the Republic of Macedonia (hereinafter referred to as the Contracting Parties):

- Supporting the efforts of the United Nations in the field of preventing disasters and mitigating their consequences,

- Having regard to the provisions of bilateral and multilateral international agreements by which the Contracting Parties or their States are bound,

- Recognizing that disasters pose severe threats to both States and the neighboring countries,

- Acknowledging that their co-operation in preventing disasters and mitigating and eliminating their consequences may contribute to the development and safety of both States,

Have agreed as follows:

Article 1

The Objective and Subject Matter of the Agreement

(1) The objective of this Agreement is to establish the legal framework for co-operation and mutual assistance in preventing disasters and mitigating and eliminating their consequences and to specify other forms of co-operation between those participating in the implementation of this Agreement.

(2) Under this Agreement, the Contracting Parties shall mutually provide assistance to each another upon request in the event of the threat or onset of disasters whose consequences the Contracting Party requesting assistance is unable to fully mitigate or prevent by using its own forces and resources.

Article 2

Definitions

The terms used in this Agreement shall have the following meaning:

a) „Disaster” An event generated by forces of nature or human activity, with the exception of war, in a specific area or facility including severe accidents which severely jeopardize or damage human life and/or health, material goods or the environment and the mitigation and elimination of the consequences of which requires extraordinary measures.

b) „Party requesting assistance” The Contracting Party that turns to the other Contracting Party with a request for assistance.

c) „Party providing assistance” The Contracting Party that meets the request of the other Contracting Party for assistance.

d) „Rescue teams” Experts or groups of experts designated to provide assistance by the Party providing assistance having adequate professional qualifications and equipment including search and rescue dogs.

e) „Equipment” Materials, technical assets and means of transportation made available and required for providing assistance, the rescue equipment of the rescue teams and the materials required for their operation and the material goods satisfying the personal needs of those participating in assistance.

f) „Aid deliveries” All the material goods of primary importance used to mitigate the consequences of disasters delivered with a view to be distributed free of charge to the population affected by the disaster.

g) „Assistance” Help provided for the prevention of disasters mitigating and eliminating their consequences and for rescue operations, sending rescue teams, equipment and aid deliveries, providing services and transferring the necessary information.

h) „Personal data” Information of any kind concerning any identified or identifiable natural person. For the purposes of this Agreement, these shall include the surname and any given names, date of birth, address and data pertaining to vocation, qualifications, place of work and, when needed, health condition.

i) „Status parameters” Values and indicators, which specify certain characteristics of the disaster at any given moment.

Article 3

Competent Authorities

(1) With regard to providing assistance and to the implementation of the provisions of this Agreement - with the exception of the provisions of Article 13 hereof - the following shall be the competent authorities (hereinafter referred to as the Competent Authorities).

- For the Government of the Republic of Hungary: National Directorate General for Disaster Management;

- For the Government of the Republic of Macedonia: Protection and Rescue Directorate

(2) In the course of implementing the provisions of this Agreement, the Competent Authorities shall cooperate and enter into direct contact with one another. To this end, the Competent Authorities shall mutually notify one another of the data of the organizations and persons designated as permanent contact points ensuring continuity and the updating of the data within 30 (thirty) days following the entry into force of this Agreement.

Article 4

Joint Committee

(1) To implement the provisions of this Agreement, the Contracting Parties shall set up a Joint Committee with a view to co-operation in the field of preventing disasters and mitigating their consequences within 60 (sixty) days following the entry into force of this Agreement. The Competent Authorities shall determine the functions and order of operation of the Joint Committee.

(2) The Joint Committee shall plan and co-ordinate joint activities under this Agreement, specify the mode of exchanging information, monitor and assess the implementation of the Agreement and put forward recommendations concerning the improvement of professional co-operation.

(3) The Joint Committee shall meet alternately in the territory of the Republic of Hungary and in the territory of the Republic of Macedonia, based on the mutual agreement of the Competent Authorities, as needed.

Article 5

Requesting Assistance and Information Exchange

(1) In the event of the threat or onset of disasters, the Contracting Parties shall, upon written requests, provide assistance to one another through their Competent Authorities. In emergency cases the assistance may commence also on the basis of a verbal request, which, however, shall be confirmed in writing as soon as possible but at the latest within 24 (twenty-four) hours.

(2) The Party requesting assistance shall indicate the following in the request:

a) The location, time and date of the onset, nature and extent of the disaster and its status parameters at the time of the request,

b) Measures already taken and planned,

c) Nature of the support requested and the priorities sought in delivering assistance,

d) All other necessary details.

(3) The Competent Authorities may agree on the use of a standardized form of the request for assistance/answer.

(4) The Party providing assistance shall decide without delay on providing the assistance and shall inform the Party requesting assistance of the possibility of providing immediate assistance, the nature of assistance offered, its extent and conditions.

(5) The information referred to under Paragraph (2) shall be continuously updated in line with the evolution of the situation.

(6) The Competent Authorities of the Contracting Parties shall mutually inform one another without delay of any disaster taking place in the territory of their States and affecting the other Contracting Party ex officio by transferring the information required to avert its consequences.

Article 6

Forms of Assistance

Under this Agreement, the provision of assistance may include rendering equipment and rescue teams available to the Party requesting assistance, the sending of aid deliveries, search, rescue and other urgent operations carried out in the event of disasters with a view to saving human lives, protecting the health of the population, the mitigation of damage to the environment, cultural and material losses and secondary impacts.

Article 7

Other Forms of Cooperation

(1) The co-operation of the Contracting Parties under this Agreement may, in addition to providing assistance in the event of disasters, include the following forms of co-operation:

a) Forecasting, preventing and assessing disasters and the elimination of their consequences and the exchange of scientific, technical and practical experiences.

b) Arranging conferences, study trips, scientific programs and professional courses, co-operation of institutions of education and carrying out joint exercises through the co-operation of the Competent Authorities and interested institutions of the States of the Contracting Parties.

c) Exchange of information on sources of hazards that may generate disasters and on their consequences, particularly in the cases when these may affect the territory of the State of the other Contracting Party.

d) Investigation of the causes of disasters and assessment of their consequences.

(2) The Contracting Parties shall apply the provisions of this Agreement appropriately to the other forms of co-operation as specified under Paragraph (1) subject to those participating in joint exercises possessing valid travel documents.

Article 8

Transit

(1) The Contracting Parties undertake to facilitate and ease upon request the rapid and simplified transit of rescue teams, equipment and aid deliveries through their own state territory for the need of a third country in accordance with the provisions of this Agreement.

(2) The Competent Authorities shall notify one another in due time of the need for transit and shall agree on the order and mode of implementation thereof and, when necessary, provide official escort for the transit of rescue teams.

(3) In order to conduct transit of the rescue teams, equipment and aid deliveries, the statement of acceptance of the country of destination and the documents required under Article 11 Paragraph (4) Point (a) shall be presented to the competent customs authority on the state border of the Contracting Parties.

Article 9

Coordination and Direction of Assistance in the Event of Disasters

(1) The organizations and persons competent according to the legal regulations of the State of the Contracting Party requesting assistance shall direct and co-ordinate the rescue work, the mitigation and elimination of the consequences of disasters and the assistance to be provided to the population affected in the territory of the State of this Contracting Party.

(2) During operations specified under Paragraph (1), instructions to the rescue team of the Party providing assistance may be given exclusively through the leader of the rescue team.

(3) The Competent Authority of the Party requesting assistance or the agency authorized by it shall inform the leaders of the rescue teams of the evolution of the operative situation in the territory affected by the disaster, specify the tasks and the order of their implementation and shall provide interpreters and other necessary services and equipment when needed.

(4) The Contracting Parties undertake to use rescue teams to delivering assistance only in accordance with their purpose, qualifications and equipment.

(5) The Party providing assistance shall provide the equipment required for the independent operation of the rescue teams for a period of at least 72 (seventy-two) hours from their entry to the damaged area. The Party requesting assistance shall ensure the safety of the rescue teams, providing free medical care that cannot be postponed, meals and accommodation as well as the basic articles of need in case the stocks of the rescue teams are depleted.

(6) The Party requesting assistance shall ensure the immediate reception of aid deliveries and ensure that they are distributed free of charge exclusively to the population affected. The representatives of the Party providing assistance and/or of international organizations participating in disaster management may be present at the distribution of the aid deliveries.

(7) The rescue teams shall terminate their operation and immediately return to the territory of the State of the Party providing assistance:

a) When they have accomplished their task;

b) When the Competent Authorities of the Contracting Parties mutually decide that the further continuation of the disaster management operation is no longer needed.

Article 10

Crossing the State Border and Rules of Staying in the Territory of the State of the Other Contracting Party

(1) Members of the rescue teams may cross the state border of the Party requesting assistance with documents verifying personal identity at the border crossing point and may stay in the territory of the State of the Party requesting assistance without visa and permission to stay, waiving other provisions concerning the entry and stay of foreigners. The leader of the rescue team shall have a Letter of Assignment issued by the Competent Authority or authorized agency of the Party providing assistance, which shall also indicate the members of the rescue team.

(2) The Contracting Parties shall exchange the specimens of their valid documents verifying personal identity.

(3) The members of the rescue teams shall be entitled to wear a uniform in the territory of the State of the Party requesting assistance when that is part of their usual equipment in the State of the Party providing assistance. The Contracting Parties shall not restrict the use of distinguishing signals on the vehicles of the rescue teams of the other Contracting Party.

(4) The members of the rescue teams shall observe the legal regulations of the State of the Party requesting assistance during the period of providing assistance.

(5) The Contracting Parties shall apply the provisions of this Article according to Article 8 in case of transit.

Article 11

Transporting Equipment and Aid Deliveries through the State Border

(1) The Contracting Parties shall not apply the economic prohibitions and restrictions concerning commodity trade to the equipment and aid deliveries transported through the state border.

(2) Provided their purpose is verified, aid deliveries and equipment shall be exempt from customs duties, taxes, levies and the payment of any other financial burden applied to export or import.

(3) The Contracting Parties shall not require the international road transport licenses with regard to the vehicles used by rescue teams and other means of transportation carrying aid deliveries, which shall also be exempt from any other payment obligation on vehicles except for the mandatory liability insurance of vehicles. A route permit shall be required for the transportation of aid deliveries and/or equipment exceeding the weight and/or dimension limits specified in the legal regulations of the State of the Party requesting assistance. The Competent Authority of the Party requesting assistance shall issue the route permit free of charge within the shortest possible period of time.