Forsvarsudvalget 2015-16
FOU Alm.del Bilag 61
Offentligt
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE KINGDOM OF SWEDEN
AND
THE MINISTRY OF DEFENCE OF THE KINGDOM OF DENMARK
ON
THE ENHANCED DEFENCE COOPERATION
WITHIN
THE AIR AND MARITIME DOMAIN
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INTRODUCTION
The Government of the Kingdom of Sweden and the Ministry of Defence of the Kingdom of
Denmark hereinafter referred to as the Participants;
Recognizing
that Denmark and Sweden share common regional defence and security inte-
rests and that it would be to their mutual benefit to strengthen bilateral defence cooperat-
ion;
Willing
to intensify their good and cordial relations within the area of defence cooperation,
while respecting each participants’ recognised practices;
Aiming
to increase operational effect and optimise the use, sustainability and development
of their defence capabilities within maritime and air domains;
Wishing
to contribute to the steadfast enhancement of international stability, peace and
security;
Considering
the Terms of Reference, November 2014, approved by the Defence Ministers
of Denmark and Sweden tasking Defence Command Denmark and the Swedish Armed
Forces to identify potential areas for enhanced bilateral military cooperation with the aim to
increase operational effect within the air and maritime domains in peacetime;
Recognising
the recommendations of the ”Final report on enhanced Danish-Swedish mili-
tary co-operation” (Joint Report) which was delivered on 31 March 2015;
Acknowledging
any obligation that may follow from the Participants’ membership of the
European Union (EU) and/or the North Atlantic Treaty Organisation (NATO);
Having regard
to the Agreement between the Parties to the North Atlantic Treaty
Regarding the Status of their Forces (NATO SOFA) signed in London on 19 June 1951
and the Agreement among the States Parties to the North Atlantic Treaty and the other
States participating in the Partnership for Peace regarding the Status of Their Forces
(NATO PfP SOFA), done in Brussels on 19 June 1995;
Having regard
to the General Security Agreement on the Mutual Protection and Exchange
of Classified Information, dated
7th
May 2010;
Respecting
the Memorandum of Understanding between the Ministry of Defence of the
Kingdom of Denmark and the Ministry of Defence of the Republic of Finland and the Minis-
try for Foreign Affairs of Iceland and the Ministry of Defence of the Kingdom of Norway and
the Government of the Kingdom of Sweden on Nordic Defence Cooperation (NORDEFCO)
dated 4 November 2009;
Have resolved
to conclude this Memorandum of Understanding (MOU) to establish the
basis for further bilateral defence cooperation within the air and maritime domain in peace-
time.
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Section 1
PURPOSE AND SCOPE
1. The purpose of the enhanced Swedish-Danish bilateral defence cooperation is to in-
crease the operational effect and improve quality of maritime and air operations in
peacetime, including enhanced access to each others air and sea territory under cer-
tain conditions.
2. This MOU identifies areas of cooperation and will provide the overall framework for the
enhanced bilateral military cooperation.
3. The enhanced cooperation will not duplicate efforts or activities within the framework of
Nordic Defence Cooperation (NORDEFCO) or Sea Surveillance Co-operation Baltic
Sea (SUCBAS) but rather spearhead further cooperation within the realm of these two
main forums of regional cooperation.
4. The areas of cooperation are laid down in section 2.
5. Subordinate arrangements relating to the areas of cooperation will be concluded be-
tween the Participants or any subordinate entity duly authorised by either Participant.
Such arrangements will be concluded under the auspices of this MoU. In case of in-
consistency between the MoU and any subordinate arrangement the text of the MoU
will prevail.
6. The MoU and any subordinate arrangement are not intended to conflict with national
legislation of the Participants or with international law. In case of conflict, national legis-
lation or international law will prevail. The Participants will notify each other in the event
of any conflict arising.
7. Further areas of cooperation may be identified and made subject to the provisions of
this MoU with the mutual consent of the Participants. Should an opportunity of mutual
interest to the Participants arise that would fall outside the scope of this MoU, the Par-
ticipants may open dialogue with Ministries or Agencies of their respective govern-
ments in order to facilitate cooperation.
Section 2
AREAS OF COOPERATION
1.
The areas of cooperation will, without conferring the rights to exercise any public au-
thority, jurisdiction or transferring sovereignty, include:
a. Access: Enhanced access for warships, military aircraft – and Danish Home
Guard vessels and aircraft – including armed such ships and aircraft - to the
territorial sea, internal waters and air-space of the Participants as well as to
each other’s air and naval bases. The cooperation area does not include
unmanned ships or aircraft.
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b. Information exchange: Exchange of information within the realm of air and sea
surveillance.
c. Air and Sea Surveillance: Enhanced military operational co-operation in air space
and sea/maritime surveillance in order to enhance interoperability and improve the
capability to act in the air and maritime domains.
d. Secure communication: Secure communications between the Participants for the
purpose of the co-operation areas covered by this MoU.
e. Education, Training and Exercises: The Participants will promote opportunities for
cooperation in exercises, including the possibility of participation in exercises host-
ed on territorial waters and its airspace. Training and exchange of officers and staff
educational resources to the areas laid down in paragraph 1.a-e.
2.
Detailed procedures and conditions regarding the areas of cooperation will be laid
down in subordinate arrangements.
Section 3
OPERATIONAL AND JURISDICTIONAL LIMITATIONS
1. The Participants will conclude subordinate arrangements as concerns
inter alia
to which
geographically defined areas within their territories and to which air and naval bases
access will be given and under what conditions such access will be given.
2. The activities under this MoU shall not include:
a. The exercise of public authority within the territory of the other Participant.
b. Operations that aim to collect information about the other Participant’s military or
civilian infrastructure and capabilities.
c. Use of Special Operation Forces within the respective territorial sea, internal wa-
ters or airspace outside of planned exercises.
d. Intelligence operations and exchange of intelligence.
e. Maritime and Air interdiction operations and any other exercise of public authori-
ty of one Participant’s armed services or Home Guard within the territory of the
other Participant.
3.
All territorial border crossings are to be reported to the authorities appointed by the
Participants to deal with border crossings with information on the purpose of the cross-
ing, forces allocated and position reports for operational units.
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Section 4
FINANCIAL AGREEMENTS
Unless otherwise agreed each Participant will cover its own expenses derived from ac-
tivities and projects conducted under this MoU.
Section 5
STATUS OF FORCES
The Agreement among the States Parties to the North Atlantic Treaty and the other
States participating in the Partnership for Peace regarding the Status of their Forces,
done in Brussels on 19 June 1995 (NATO/PfP SOFA) will together with its Additional
Protocol, apply to the status of forces of one of the Participants while conducting activi-
ties or projects under the auspices of this MoU on the territory of the other Participant.
Section 6
SECURITY OF CLASSIFIED INFORMATION
The General Security Agreement on the Mutual Protection and Exchange of Classified
Information, dated 7th May 2010 (GSA) will apply to classified information provided or
generated under this MoU or subordinate arrangements. Specific rules concerning se-
curity of information provided or generated under this MoU may be laid down in subor-
dinate arrangements.
Section 7
DISPUTES
Any dispute concerning the interpretation or application of this MoU (and its subordi-
nate arrangements) will be resolved by negotiations between the Participants and will
not be referred to any national or international tribunal or third party for settlement.
Section 8
FINAL PROVISIONS
1. This MoU may be amended or modified at any time. Any amendment to this MoU will
be made in writing by mutual consent by the Participants and by exchange of letters.
2. This MoU or any subordinate arrangements may be terminated at any time by mutual
written consent of the Participants.
3. Until further notice this MoU will not apply to the Faeroe Islands and Greenland.
4. Any of the Participants may withdraw from this MoU immediately by written notice.
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5. In the event that this MoU is terminated, or a Participant makes a formal notification of
its withdrawal from the MoU, the provisions of this MoU will continue to apply until any
outstanding matters relating to this MoU have been resolved.
6. Unless stated therein, in case this MOU is terminated, all of its subordinate arrange-
ments will terminate also.
7. The English language will be the working language of this MoU.
8. This MoU will enter into effect on the date of the last signature of the Participants.
Signed,
Date:
THE MINISTRY OF DEFENCE OF THE KINGDOM OF DENMARK
______________________________________________________
Peter Christiansen
Minister for Defence
Date:
THE GOVERNMENT OF THE KINGDOM OF SWEDEN
______________________________________________________
Peter Hultqvist
Minister for Defence
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