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Agreement Between The Republic Of Estonia, The Republic Of Finland And The Kingdom Of Sweden Regarding The M/S Estonia

The Republic of Estonia, the Republic of Finland and the Kingdom of Sweden, hereinafter referred to as the Contracting Parties,

Recalling the disaster on the night of 28 September 1994 when the M/S Estonia sank in the Baltic Sea on her way from Tallinn to Stockholm,

Wishing to protect the M/S Estonia, as final place of rest of victims of the disaster, from any disturbing activities,

Urging the public and all other States to afford appropriate respect to the site of M/S Estonia for all times,

have agreed as follows:

Article 1

The wreck of the M/S Estonia and surrounding area, as defined in Article 2, shall be regarded as a final place of rest of victims of the disaster, and such shall be afforded appropriate respect.

Article 2

The area constituting the final place of rest shall for the purposes of this Agreement be delimited by straight lines from point No.2, 3, 4 and back to the point No. 1:

Point No. 1	(Upper Left )	59° 23, 500' N,	21° 40, 000' E
Point No. 2	(Upper Right)	59° 23, 500' N,	21° 42, 000' E
Point No. 3	(Lower Right)	59° 22, 500' N,	21°42, 000' E
Point No. 4	(Lower Left)	59° 22, 500' N,	21°40, 000' E;

all positions defined geographical coordinates in World Geodetic System 1984 (WGS 84).

Article 3

The Contracting Parties hereby agree that the M/S Estonia shall not be raised.

Article 4

1. The Contracting Parties undertake to institute legislation, in accordance with their national procedures, aiming at the criminalization of any activities disturbing the peace of the final place of rest, in particular any diving or other activities with the purpose of recovering victims or property of the wreck or the sea - bed.

2. The Contracting Parties undertake to make it possible to punish the commission of an offence, established in accordance with paragraph 1 of this Article, by imprisonment.

3. Notwithstanding the above provision, a Contracting Party may take measures to cover the wreck or to prevent pollution of the marine environment from the wreck.

Article 5

Each Contracting Party undertakes to submit information to another Contracting Party on pending or on-going activities having been criminalized in conformity with Article 4 and involving a vessel flying the flag of that Contracting Party.

Article 6

This agreement shall enter into force thirty days after the date when The Contracting Parties have notified the other Contracting Parties in writing that the necessary constitutional procedures for its entry into force have been completed.

 

Done at Tallinn on 23 February 1995 in three originals, each in the English language.

In witness whereof the undersigned, duly authorized thereto, have signed this Agreement.

 

 

Protocol Additional To The Agreement Between The Republic Of Estonia, The Republic Of Finland And The Kingdom Of Sweden Regarding The M/S Estonia

The government of the Kingdom of Sweden, the government of the Republic of Estonia and the government of the Republic of Finland

Being Parties to the Agreement on the protection of the wreck of the M/S Estonia, signed at Tallinn on 23 February 1995,

Wishing to further strengthen the protection of the wreck, as a final place of rest of the victims of the disaster, from any disturbing activities,

have agreed as follows:

Article 1

All States, wishing to do so, may accede to the Agreement between the Republic of Estonia,

the Republic of Finland and the Kingdom of Sweden on the protection of the wreck of the M/S Estonia, signed at Tallinn on 23 February 1995.

Article 2

Each State acceding to the Agreement shall deposit its instrument of accession with the Government of Sweden.

Article 3

The Agreement shall enter into force for a State acceding to the Agreement on the date of the deposition of the instrument of accession with the depository.

 

Done at Stockholm on 23 April 1996