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Framework Agreement between the Government of the Republic of Latvia and the Government of the Republic of Estonia on Mutual Assistance in the Event of Disasters

The Government of the Republic of Latvia and the Government of the Republic of Estonia, hereinafter referred to as the Contracting Parties:

· Being convinced in the need for collaboration between competent authorities in case of natural or technological disasters;

· Taking into account the requirements of 26 September 1986 Vienna Convention on Early Notification of a Nuclear Accident and 26 September 1986 Vienna Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, and 17 March 1992 Helsinki Convention on the Transboundary Effects of Industrial Accidents;

· Regarding this agreement as a framework Agreement that regards mutual assistance;

· Desiring to improve co-operation in this field,

have agreed as follows:

Article 1

Extent of the Agreement

This Agreement relates to the co-operation and rendering of mutual assistance in the event of a disaster or imminent disaster with the aim of preventing or avoiding human casualties and damage to the health, environment and property.

The Contracting Parties shall render mutual assistance in the event of natural, technological, radiation disasters as well as other disasters devastating environment and civilisation in accordance with their own limitations and stipulations of this Agreement.

Article 2

Competent Authorities

The competent authorities of the Contracting Parties, which shall have the right to maintain direct contacts and to conclude additional arrangements for the implementation of the provisions of this Agreement, are:

· In the Republic of Latvia -

· In the Republic of Estonia -

Article 3

Crossing of State Border and Organising Relief Operations

1. Competent authorities referred to in Article 2 to be responsible for prevention or liquidation of the disaster with the aim of preventing human casualties and limiting damage to the environment and property, may request assistance directly from competent authorities of the other Contracting Party. The procedure of requesting and rendering assistance shall be determined by an agreement between the competent authorities.

2. Full responsibility of the operational command shall lie with the authorities of the Contracting Party in whose territory the operation is carried out. The competent authorities of the Contracting Party rendering assistance shall operate under their own command and in accordance with the service regulations in force in the state rendering assistance.

3. The competent authorities of the Contracting Party requesting assistance shall ensure that personnel engaged in rendering assistance may cross the border and vehicles, rescue equipment and other supplies that are included in the aid may be transported over the borders in simplified border-crossing regimen and exempted from custom duties, taxes or other fees. Vehicles, rescue equipment and other supplies may be used in accordance with the regulations of the Contracting Party rendering assistance without the need to apply for any specific authorisation. After the operations have been completed, all vehicles, rescue equipment and other supplies included in the aid resources, except for equipment that is useless or damaged, shall be transported out of the territory of the Contracting Party requesting assistance as soon as possible. The exported equipment shall be exempted from all taxes, duties or other fees. The above shall also apply to relief operations exercises.

4. Should the assistance include military personnel, state vessels, state aircraft or military vehicles that require special entry permits, the authority of the Contracting Party requesting assistance shall provide these permits. No border of the Contracting Party requesting assistance may be crossed prior to permits have been issued.

Article 4

Expenses

1. The Contracting Party requesting assistance shall compensate all the costs, including medical expenses, related to rendering the assistance. The Contracting Parties may, considering the nature and extent of the disaster, come to different terms.

2. The Contracting Party requesting assistance may, at any time, withdraw its request, but the Contracting Party rendering assistance has in that case right to compensation for costs already incurred.

3. Unless the Contracting Parties have agreed differently, the costs shall be compensated within 60 days after submittal of a justified account.

Article 5

Compensation of Damages

1. Each Contracting Party shall renounce any claim of compensation to the other Contracting Party in case of death, bodily injury or any other damage to the health and personal effect of the member of the relief team, provided that such damage has occurred in the course of fulfilling duties deriving from this Agreement. The Contracting Party rendering assistance shall insure the relief team in accordance with the rules valid in its own state. The insurance costs shall be added to the general costs of assistance and the Contracting Party requesting assistance shall reimburse them according to the provisions of this Agreement.

2. If a member of the relief team of the Contracting Party rendering assistance causes damage to the third party in the territory of the Contracting Party requesting assistance by fulfilling duties deriving from this Agreement, the Contracting Party requesting assistance shall compensate the damage according to the same legal acts, as if the damage had been caused by the employee of the Contracting Party requesting assistance.

3. Paragraphs 1 and 2 of this Article shall not be valid, if the damage was caused intentionally or through negligence.

Article 6

Settlement of Disputes

Any disputes concerning the interpretation of implementation of this Agreement, that cannot be settled by negotiations between the competent authorities, shall be settled between the Contracting Parties through diplomatic channels.

Article 7

Exchange of Information

1. The competent authorities of the Contracting Parties shall inform each other about events of disasters or imminent disasters as well as other disasters devastating environment and civilisation.

2. The competent authorities of the Contracting Parties shall inform each other about the overall development of using the nuclear energy for peaceful purposes and legal acts concerning the safety of the nuclear facilities and radiation protection.

3. The competent authorities of the Contracting Parties shall inform each other about relevant experience acquired in building and starting the nuclear facilities, also about measures in the field of nuclear safety, radiation protection and limitations to the output of radioactive materials, provided it is necessary for evaluating the final effect of a disaster referred to in Article 1.

4. Data referred to in paragraphs 1, 2 and 3 of this Article shall be exchanged on a regular basis. The other Contracting Party shall be notified immediately of special cases, which score 2 or more on the international scale for nuclear accidents (INES). Other cases shall be reported on the request of the competent authorities of other Contracting Party.

5. The Contracting Parties shall seek to develop in every aspect the co-operation in the field of relief and assistance operations.

6. Meetings will be held in the framework of this Agreement as often as is considered necessary.

Article 8

Final Provisions

1. This Agreement is concluded for an indefinite period of time. Each Contracting Party may terminate it at any moment with six (6) months prior notification through diplomatic channels.

2. The Contracting Parties shall notify each other through diplomatic channels that the necessary internal requirements for the entry into force of the Agreement have been fulfilled. The Agreement shall enter into force on the thirtieth (30) day after the receipt of the last note.

3. The Agreement may be amended mutually by the Contracting Parties in written form. The amendments shall enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

Done at Riga on 04 June 2001 in two originals, each in the Latvian, Estonian and English languages, all texts being equally authentic. In case of divergence of interpretation the English text shall prevail.

 

For the Government of the Republic of Latvia

Mareks Segliņš

Minister of Interior of the Republic of Latvia

 

For the Government of the Republic of Estonia

Tarmo Loodus

Minister of Interior of the Republic  of Estonia