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AGREEMENT
between the Government of the Republic of Latvia and the
Government of the Republic of Poland on Mutual Visa
Representation
The Government of the Republic of Latvia and the Government of the Republic of Poland, hereinafter referred to as the "Parties",
recalling the trustful cooperation between the Latvian and the Polish consular services, characterized by mutual confidence,
acknowledging that simplification of visa issuance is in the common interest of the Parties,
taking into consideration the European Union acquis in the field of Common Visa Policy and its future activities in this area,
have agreed as follows:
Article 1
The Parties shall represent each other in the process of examining applications and issuing visas, referred to in Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), hereinafter referred to as "the Visa Code", in accordance with the European Union law, the provisions of this Agreement and technical agreements, concluded between the competent authorities pursuant to Article 9 of this Agreement, hereinafter referred to as "technical agreements".
Article 2
1. Acting pursuant to Article 1 of this Agreement, the Parties shall respect the relevant regulations of national law of the representing Party.
2. When performing the actions defined in Article 1 of this Agreement, the diplomatic missions and consular posts of the Parties shall assist each other.
Article 3
The Party representing the other Party pursuant to Article 1 of this Agreement shall act with the same diligence as when issuing visas and collecting data on its own behalf. With the exception of cases specified in the Visa Code, neither Party shall bear responsibility for actions performed when representing the other Party.
Article 4
This Agreement shall not apply to visas issued for the purpose of paid employment, education or an activity which requires prior permission from the Party in which such activity is to be carried out.
Article 5
Pursuant to Article 25 (3) of the Visa Code, visas with limited territorial validity may be issued under representation only when the limited territorial validity of the visa is caused by the fact that the travel document of the applicant, recognized by the Parties, is not recognized by other States - Parties to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
Article 6
Consultations pursuant to Article 22 of the Visa Code concerning visa applications received by the representing Party, requiring the opinion of the central authorities of the represented Party or the central authorities of other Member States, shall be conducted by the represented Party.
Article 7
In cases when a diplomatic mission or a consular post of the Parties decides that a visa should not be issued, it shall be authorized to refuse to issue a visa after examining the application, pursuant to Article 8 (4) (d) of the Visa Code. Article 32 (3) of the Visa Code shall apply to visa refusals.
Article 8
The representing Party shall be entitled to collect visa fees. With the exception of the above, the represented Party shall not offer any other financial compensation to the representing Party for handling visa applications.
Article 9
1. The competent authorities of the Parties shall conclude technical agreements, in which they will specify the diplomatic missions and consular posts competent to implement the provisions of this Agreement and the essential technical particulars of cooperation.
2. The competent authorities of the Parties referred to in para. 1 are:
1) for the Republic of Latvia: Ministry of Foreign Affairs,
2) for the Republic of Poland: Minister of Foreign Affairs.
Article 10
Any disputes concerning the interpretation of the provisions of this Agreement shall be resolved by the Parties through diplomatic channels.
Article 11
This Agreement may be amended by mutual written consent of both Parties. The amendments of the Agreement constitute an integral part of this Agreement.
Article 12
1. This Agreement shall enter into force on the thirtieth (30) day following the day of its signature.
2. This Agreement is concluded for an indefinite period of time. Either Party may terminate this Agreement by written notification through diplomatic channels. Termination shall take effect thirty (30) days following the day of receipt of the notification by the other Party.
3. The Parties may at any time suspend the application of this Agreement in part or in whole. The Parties shall notify each other of the starting and closing dates of the suspension through diplomatic channels, and such suspension shall become effective no sooner than on the day following the date of receipt of the notification by the other Party.
Done at Riga, on 13 February 2013 in two original copies, each in the Latvian, Polish and English languages, all texts being equally authentic. In case of any divergence in interpretation, the English version shall prevail.
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On behalf of the
Government of the Republic of Latvia |
On behalf of the Government
of the Republic of Poland |
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