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MEMORANDUM OF UNDERSTANDING BETWEEN LATVIAN NATIONAL ARMED FORCES AND ESTONIAN DEFENCE FORCES CONCERNING TYPE RATING TRAINING AND TRAINING FLIGHTS OF LATVIAN AIR FORCE PILOTS
The Latvian National Armed Forces, as represented by the Latvian Air Force, and the Estonian Defence Forces, as represented by the Estonian Air Force (hereinafter - the Parties),
Recalling the Agreement between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania on co-operation in the fields of defence and military relations, signed on February 27, 1995 in Vilnius,
Regarding that the Estonian Defence Forces according to the regulations of European Union has made the procurement on training of the fighter controllers of the Estonian Air Force in live aircraft intercept mission,
Have reached the following understanding:
Section I
General provision
1.1. The purpose of this Memorandum of Understanding (MoU) is to set forth the principles and procedures between the Parties for training and use of pilots of the Latvian Air Force in Parties' fighter controller training using aircraft which are rent by the Estonian Air Force and reimbursement of expenditures which are related to the training of pilots of the Latvian Air Force.
1.2. The provisions of this MoU are not intended to conflict with the national legislation of the states of the Parties, or with international law. If any dispute arises international law and/or national legislation of the states of the Parties will prevail.
Section II
Definitions and abbreviations
For the purpose of this MoU:
"Aircraft" means the aircraft which is rent by the Estonian Air Force.
"Pilot" means the member of the Latvian Air Force who will undergo training and will fly in Estonian airspace.
"Flying hour" means one (1) hour of one (1) aircraft during training mission (time count will start from the moment of aircraft take-off until landing, also known as airborne time).
"Type rating training" means the training needed for the pilot to be able to perform solo flight.
"Ämari CRP" means Command and Reporting Post at Ämari, Estonia.
Section III
Conduct of training
3.1 Basic training of the pilots will not be conducted.
3.2 Type rating training (theoretical and practical) and training flights of the pilots will be conducted at the Estonian Air Force Base Ämari using Ämari CRP and aircraft.
3.3. Practical type rating training will be performed at least 10 hour 30 minutes for each pilot.
3.4. Training flights will be performed at least 6 hour for each pilot.
Section IV
Responsibilities
4.1. The Estonian Air Force will:
4.1.1. Provide type rating training and training flights on reimbursement basis as required, according to the schedule of the pilots training (if circumstances, e.g. weather conditions permits);
4.1.2. Calculate and document the number of flying hours provided for each pilot;
4.1.3. Provide invoices together with a report of flying hours executed to the Latvian Air Force for reimbursement of training mission costs.
4.2. The Latvian Air Force will:
4.2.1. Ensure according to the national legislation of the Republic of Latvia the condition of service as well as salaries, taxation, transportation, accommodation, social (including health insurance) guarantees;
4.2.2. Cover all expenditures for their personnel assigned as the pilot for the period of training mission in Estonia;
4.2.3. Reimburse training missions (practical type rating training and training flights) costs to the Estonian Air Force;.
4.2.4 Provide pilots who have:
a) 120 flight hours total (not type specific);
b) Day Visual Flight Rules qualified.
Section V
Calculation of the training mission costs
5.1. Training mission costs for the Latvian Air Force will be calculated multiplying the cost of one (1) flying hour by the number of flying hours provided by the Estonian Air Force for type rating training and training flights.
5.2. The cost of one (1) flying hour is specified in Annex which is integral par of this MoU.
5.3 If Latvian pilot will fly live intercept mission for Parties' fighter controllers training, reimbursement shall not be used.
Section VI
Command and Control
6.1. During the stay in the territory of the Republic of Estonia the pilots will remain under full national command of the Latvian Air Force.
6.2. During the training and use at the Estonian Air Force base Ämari and Ämari CRP the pilots will comply with the instructions of the Commanding Officer of flying unit in the Estonian Air Force Base Ämari.
Section VII
Working language
English language will be the working language during the training period.
Section VIII
Status of personnel
While in the territory of the other Party the status of the pilot is governed by the "Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces", done on 19 June 1951 (NATO SOFA) in London.
Section IX
Settlement of disputes
If any dispute arises under or relates to this MoU the Parties will notify each other immediately and resolve it only through consultation between the Parties not referring the dispute to any national or international tribunal or to any other forum of settlement. The disputes will be resolved at the lowest level possible
Section X
Financial arrangements
10.1. The Latvian Air Force will pay the invoice within 30 (thirty) days after receipt of the invoice.
10.2. The Parties will cooperate to meet their State's accounting and auditing standards and practice.
10.3. The Parties agree that invoices and payments will be made in EUR.
Section XI
Final provision
11.1. This MoU will enter into force on the date of the last signature and will be in force for an unlimited period of time.
11.2. This MoU may be amended by mutual agreement of the Parties. The amendment will enter into force on the date of the last signature.
11.3. The Parties may terminate this MoU by giving 3 (three) months written notice in advance to the other Party.
11.4. In case this MoU is terminated the provisions of Section IV (Responsibilities), Section V (Calculation of the training mission costs), Section IX (Settlement of disputes) and Section X (Financial arrangements) will remain in effect until all outstanding payments claims and disputes are settled.
Done in 2 (two) original copies in the English language, one for each Party.
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For the Estonian Defence Forces |
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Annex
Breakdown of the costs of flying hour for jet trainer aircraft L-39 Albatross
1. Total amount of the expenditures for training period from the 26th March until the 31st of December 2007 is 33 hours with 3 030€ per hour.
2. The cost of one flying hour of jet trainer aircraft L-39 Albatross consists of:
a. Costs for rent of the jet trainer aircraft L-39 Albatross in €: 2 614€
b. Costs for fuel JET-1 per hour in €:
- 448 € (maximum 700 liters per hour at 0,64€ per liter)
- 416€ (average 650 liters per hour at 0,64€ per liter)
c. Costs for navigation services when Estonian Air Force Base Ämari becomes u/s due snow and icing:
- Landing fee at Tallinn airport 22,60 €
- Terminal navigation services 29 €
- Total fees per mission, per a/c: 51,60 € (average 35 € per hour)
The average costs of one flying hour of the jet trainer aircraft L-39 Albatross are equal to 3 030€ (3 062€ at maximum fuel consumption) plus 51,60 € for each mission starting and ending in Tallinn airport.
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