(4) The Contracting Parties shall apply the exemptions under Paragraphs (1)-(3) provided that the following conditions are met:
a) The leader of the rescue team shall present a separate inventory list to the competent customs authorities of the Contracting Parties of the equipment required for performing the tasks of the rescue team and a separate list on the goods carried as aid delivery. The lists shall constitute annexes to the Letter of Assignment.
b) When the aid delivery or a part thereof consists of medicaments containing narcotics or psychotropic substances, a separate itemized list shall be drawn up on the materials to be delivered. The list shall be sent to the authority of the Contracting Party licensing export. The competent licensing authorities of the two Contracting Parties shall act in accordance with the relevant recommendation of the World Health Organization of the United Nations and shall directly notify one another of the products delivered. When, because of the disaster situation, such a notification is not possible, the Party providing assistance shall inform the International Drug Control Board of the United Nations.
(5) Products may be transferred as aid deliveries only within their expiry dates. In the case of medicaments, the recommendations of the World Health Organization of the United Nations shall be taken into account.
(6) The equipment that has not been finally consumed or has not been annihilated shall be returned to the territory of the State of the Party providing assistance at the latest within 30 (thirty) days following the completion of the assistance in accordance with Article 9 Paragraph (7) of this Agreement. When parts of the equipment remain in the territory of the State of the Party requesting assistance as aid, this fact shall be notified to the competent customs authority of the Party requesting assistance also indicating the quantity and type of the articles retained and the place of their use and, at the same time, the Competent Authority of the Party requesting assistance indicated under Article 3 Paragraph (1) of this Agreement shall be informed. The exemption according to Paragraph (2) of this Article shall also extend to the articles of equipment thus remaining in the state territory of the Party requesting assistance, if their destination is proven.
(7) The provisions of Paragraphs (2), (5) and (6) shall be applied as appropriate also to medicaments containing narcotics and psychotropic substances. Rescue teams may carry such products only in the quantity according to emergency medical need and they may be used only by qualified healthcare personnel in accordance with the relevant health care requirements of the State of the Party providing assistance. The Contracting Parties shall not regard import and export of such products as commodity trade according to the international agreements on narcotics and psychotropic substances binding the Contracting Parties.
(8) Under the implementation of this Agreement, the import of arms, ammunition and explosives to the territory of the State of the Party requesting assistance shall be prohibited.
(9) The Party requesting assistance shall enable the decontamination, deactivation and disinfection of the equipment. In the event that this cannot be carried out, the equipment and its personnel shall remain in the territory of the State of the Party requesting assistance until all said activities are completed.
(10) The competent authorities of the State of the Party requesting assistance may control the use and storage of the equipment and materials mentioned in this Article.
(11) The provisions of Paragraphs (1)-(5), (8) and (10) shall also be applied in the case of transit deliveries.
Article 12
Use of Aircraft
(1) Aircraft may also be used to transport rescue teams and their equipment as well as aid deliveries and for the rapid execution of preventive operations required for the prevention of disasters, the mitigation and elimination of their consequences.
(2) The Competent Authority of the Party providing assistance shall inform the Competent Authority of the Party requesting assistance about the fact of using an aircraft to provide assistance indicating the data and type of the aircraft, the state of registration and the registration mark, the number of crew members, the nature of the consignment, the schedule of the flights, the list of passengers, the expected flight route, the place of landing designated by the Party requesting assistance as well as the data of the flying time.
(3) The Contracting Parties shall enable aircraft to enter the air space of their States for purposes specified in Paragraph (1), to land or take off at the place designated by the competent agency of the Party requesting assistance, or to fly through without landing.
(4) Unless otherwise provided in this Agreement, aircraft shall carry out their flights in accordance with the legal regulations of ICAO and the States of the Contracting Parties.
Article 13
Cooperation in the Event of Assisting Aircraft in Trouble
(1) The provisions of this Agreement shall be applied also in the event when, upon request, the Contracting Parties mutually assist one another in searching for aircraft in trouble having suffered air or other accident, in the rescue, care and transportation of any injured persons.
(2) In the course of the co-operation according to this Article, the following shall be the competent authorities:
a) For the Contracting Party of the Government of the Republic of Hungary:
- National Directorate General for Disaster Management;
b) For the Contracting Party of the Government of the Republic of Macedonia:
- Protection and Rescue Directorate.
(3) Those participating in search and rescue operations shall carry out air and land search and rescue according to Paragraph (1) hereof pursuant to the Agreement between the competent authorities according to Paragraph (2), observing the legal regulations of the state of the place of the accident.
Article 14
Compensation
(1) The Contracting Parties shall waive any claim for compensation vis-????-vis one another in the event of damage to property, including damage to the environment, which is caused by a member of the rescue team in the course of performing an assignment related to the implementation of this Agreement and, furthermore, shall waive any claim for compensation arising from injury to or death of any member of a rescue team in the event that it took place in the course of the implementation of the tasks according to this Agreement in relation to them.
(2) In the event that a member of the rescue team of the Party providing assistance causes damage to a third person in the territory of the Party requesting assistance in the course of the performance of his reconciled duties related to the implementation of this Agreement, liability shall be borne by the Party requesting assistance.
(3) The provisions of Paragraphs (1) and (2) shall not be applied in the event that the damage was caused willfully or by way of gross negligence and this is established by a Court of the State of the Party requesting assistance.
(4) The liability for compensation specified in this Article shall apply with regard to damage caused by rescue teams in relation to providing assistance during the period from entry to the territory of the State of the Party requesting assistance until their departure.
(5) The Competent Authorities of the Contracting Parties shall co-operate in the assessment of damage and ease the establishment of liability for damage. To that end, they shall exchange all information available to them.
Article 15
Costs
(1) Unless the Contracting Parties otherwise agree, the provision of assistance under this Agreement shall be free of charge.
(2) The Party providing assistance shall be exempt from the payment of fees due on the transit flight, landing, waiting, taking-off of aircraft providing assistance and the navigation services provided to it and from payment of the fees of the services offered by the Party requesting assistance.
(3) The Competent Authorities of the Contracting Parties shall separately agree on the cost reimbursement related to the fuel supply and maintenance services for aircraft in every case when aircraft is used to provide assistance.
(4) Unless otherwise agreed by the Contracting Parties, both Contracting Parties shall bear their own costs in the case of forms of co-operation specified under Article 7 of this Agreement.
Article 16
Co-operation with international and domestic organizations
By mutual agreement, the Contracting Parties may invite specialized international and domestic organizations and institutions to participate in the activities related to the implementation of this Agreement.
Article 17
Protection of Personal Data
In the event that the Competent Authorities of the Contracting Parties provide personal data to one another based on this Agreement, the following provisions shall apply:
(a) The Competent Authorities of the Contracting Parties (hereinafter referred to as the „Transferring Authority” and „Receiving Authority”) may transfer the personal data specified under Article 2 Point (h) of this Agreement with a view to the performance of the provisions of this Agreement, upon request or ex officio, in the event specified under Article 8. The Receiving Authority may use the data received only for the purposes specified in this Agreement or included in the request. The Receiving Authority may use the data for a purpose different from that indicated only with the consent of the Transferring Authority.
(b) The Receiving Authority may forward the personal data transferred exclusively to the agencies participating in the implementation of this Agreement and authorized to handle personal data. The data may be forwarded to other agencies only with the prior consent of the Transferring Authority. The data transferred shall not be made public.
(c) The Transferring Authority shall be responsible for the correctness and accuracy of the data transferred. When the Transferring Authority subsequently rectifies or deletes the data, it shall immediately notify the Receiving Authority thereof, which shall immediately enter the indicated change in the data handled by it. The Receiving Authority shall immediately carry out the indicated corrections or, when appropriate, delete the erroneous data.
(d) The authorities handling personal data pursuant to this Agreement shall, upon his request, inform the person concerned of his data handled by them, the purpose and legal basis of data handling and also to whom and for what purpose such data have been forwarded. Both the Transferring and the Receiving Authorities shall, upon the request of the person concerned, rectify any erroneous data handled by them and delete any data handled by them in breach of the law. The other data handling authority shall be immediately notified of any rectification or deletion.
(e) The exercise of the right of the person concerned according to Point (d) hereof may be refused only when the law of the State of the Transferring Authority renders this possible. The Transferring Authority shall inform the Receiving Authority of the restrictions according to the law of its state. The entity handling the data shall disclose the reasons for refusing information to the person concerned unless the law of the transferring State renders the waiving of reasons possible. Of this, the Receiving Authority shall be informed upon the transfer of the data.
(f) The data received shall be deleted when the purpose of use indicated upon transfer no longer exists, the period for handling the data according to the law of the state of the Transferring Authority has expired or when the Transferring Authority requests the deletion of the data.
(g) The Contracting Parties shall guarantee that the person concerned may turn to a court of justice according to the law of the Contracting Party concerned in the handling of the data in the event of violation of his rights related to data protection.
(h) The authorities handling personal data pursuant to this Agreement shall keep record of the transfer and receipt of data, which shall contain the names of the transferring and the receiving agencies and of the person, and the fact of the transfer (receipt).
(i) The authorities handling the data shall take the necessary organizational and technical measures to ensure the effective protection of personal data from unauthorized access, change, deletion and disclosure.
Article 18
Implementation of this Agreement
The Contracting Parties authorize the Joint Committee according to Article 4, to specify the sample forms of the Letter of Assignment according to Article 10 Paragraph (1) and Article 11 Paragraph (4) of this Agreement, the lists concerning the import, export, transit and return of equipment and aid deliveries and the related procedural rules by mutual agreement in a Protocol.
Article 19
Provisions of Other International Agreements
This Agreement shall not affect the rights and obligations of the Contracting Parties set forth in other international agreements by which they are bound.
Article 20
Settlement of Disputes
Any dispute between the Contracting Parties that may arise from the interpretation or application of this Agreement shall be settled at the Joint Committee by way of negotiations or, in the event that they are unsuccessful through diplomatic channels.
Article 21
Final Provisions
(1) This Agreement shall enter into force on the 30th (thirtieth) day from the receipt of the latter diplomatic note in which the Contracting Parties notify one another of the completion of the internal legal requirements required for entry into force.
(2) This Agreement is concluded for an indeterminate period. Either of the Contracting Parties may terminate this Agreement. The Agreement shall lose effect after 6 (six) months from the day when the diplomatic note on the termination is received by the other Contracting Party.
(3) The Contracting Parties may amend this Agreement by mutual agreement. The amendment of this Agreement shall enter into force in accordance with the procedure according to Paragraph (1).
(4) The termination of this Agreement shall not affect compliance with the obligations validly undertaken during the period of this Agreement while in force.
Done in Skopje, on the 10th day of September 2009, in two original copies, in Hungarian, Macedonian and English languages, all texts being equally authentic. In case of dispute, the English language text shall prevail.
| On behalf of the Government of the Republic of Hungary | On behalf of the Government of the Republic of Macedonia |
EGYEZMÉNY A MAGYAR KÖZTÁRSASÁG KORMÁNYA ÉS A MACEDÓN KÖZTÁRSASÁG KORMÁNYA KÖZÖTT A KATASZTRÓFÁK ESETÉN TÖRTÉNŐ EGYÜTTMŰKÖDÉSRŐL ÉS KÖLCSÖNÖS SEGÍTSÉGNYÚJTÁSRÓL
A Magyar Köztársaság Kormánya és a Macedón Köztársaság Kormánya (a továbbiakban: Szerződő Felek):
- támogatva az Egyesült Nemzetek Szervezetének erőfeszítéseit a katasztrófák megelőzése és a következmények mérséklése terén,
- tekintettel azon két- és többoldalú nemzetközi szerződések előírásaira, amelyeknek a Szerződő Felek vagy ezek államai részesei,
- felismerve, hogy a katasztrófák súlyos veszélyeket jelentenek saját államaik, illetve a környező országok számára,
- elismerve, hogy az együttműködésük a katasztrófák megelőzése, a következmények mérséklése és felszámolása terén hozzájárulhat mindkét állam fejlődéséhez és biztonságához,