Memorandum of Understanding 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 concerning the Operation,
Funding and Administration of the Baltic Battalion
Headquarters
Section I
INTRODUCTION
(1) In accordance with the
Agreement between the Government of the Republic of Estonia, the
Government of the Republic of Latvia and the Government of the
Republic of Lithuania concerning the Baltic Battalion, signed in
Tallinn on December 10, 1997, hereinafter referred to as the
Agreement, and the Protocol on the status of the Baltic Battalion
Headquarters and personnel of the Baltic Battalion, signed in
Riga on the 16th of April 1998, hereinafter referred to as the
Protocol, and the establishment of the Baltic Battalion
Headquarters by Exchange of Notes as prescribed by the Protocol,
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, in the following referred
to as the Participants, have reached the following understanding
on the operation, funding and administration of such BALTBAT
HQs.
(2) The purpose of this MOU is to
give provisions for the operating procedures, stationing,
funding, manpower, administration and support of BALTBAT HQs. The
provisions on the operation, funding and administration of the
Baltic Battalion are laid down in the Memorandum of Understanding
between the Participants concerning the operation, funding and
administration of the Baltic Battalion, done in Tartu on 7th May,
1999, hereinafter referred to as the MOU on BALTBAT.
(3) The provisions of this MOU are
complemented by Annexes A to C, which are integral parts of the
MOU.
Section II
DEFINITIONS
(1) For the purpose of this MOU,
the following definitions are set out:
1.1 "Baltic Battalion" (BALTBAT)
means the combined infantry battalion, established in accordance
with the Agreement;
1.2 "the Baltic Battalion
Headquarters" (BALTBAT HQ) means any Baltic Battalion
multinational headquarters and its subordinated units established
by the Parties to the Protocol;
1.3 "the Baltic Support Group"
(BSG) means the multinational unit, responsible for co-ordination
of BALTBAT logistics;
1.4 "Ministerial Committee" (MC)
means the committee, embodying the highest political authority
over BALTBAT, established in accordance with Article IV,
paragraph 1. a) of the Agreement, consisting of the Ministers of
Defence of the Contracting Parties to the Agreement;
1.5 "Baltic Military Committee"
(BMC) means the committee, embodying the highest military command
authority over BALTBAT, established in accordance with Article
IV, paragraph 1. b) of the Agreement, consisting of the Chiefs of
Defence of the Contracting Parties to the Agreement;
1.6 "Hosting Participant" means
the Participant, on whose territory BALTBAT HQ is
established;
1.7 "Host Nation" means the
Participant, on whose territory agreed BALTBAT activities are
conducted.
Section III
ORGANISATION AND
MANNING
(1) The organisation, manning and
principles of rotation of personnel of BALTBAT HQs will be
developed by BMC with inputs from each BALTBAT HQ and submitted
for MC according to the Agreement.
(2) In accordance with the
Agreement, Article VI, paragraph 3, the conditions and
responsibilities governing the internal organisation of BALTBAT
during deployment, will be laid down in separate arrangements
relating to the specific mission. This will include a review of
the need to adjust the organisation and manning of BALTBAT HQs,
in order to comply with the mission undertaken.
Section IV
LANGUAGE
The working language of BALTBAT
HQs is English.
Section V
RESPONSIBILITIES
(1) Services and facilities will
be made available to BALTBAT HQs in accordance with Section VI of
this MOU, Annex B, and supplementary Technical Arrangements (TA)
to be concluded as deemed necessary by the Participants.
(2) All buildings and permanent
fixtures provided by a Hosting Participant for a BALTBAT HQ
remain the property of that Hosting Participant, which at the
same time has the responsibility for their administration,
operation and maintenance.
(3) All Participants will be
responsible for funding shared costs of BALTBAT HQs in accordance
with Annex A of this MOU.
(4) Each Participant will assign
personnel to BALTBAT HQs in accordance with decisions following
Section III of this MOU. Each Participant is responsible for
timely and adequate preparation, re-posting and rotation of
personnel in accordance with personnel requirements and rotation
plans for BALTBAT HQs as approved by BMC.
Section VI
LOGISTIC
SUPPORT
(1) The Participants will, in
accordance with Annex B and as laid down in supplementary TA,
render support to BALTBAT HQs, and to national units of the
Participants assigned to BALTBAT, when conducting training and
exercises, as agreed in the Annual Plan of Activities. The
co-ordination of logistic support, as outlined in Annex B, will
be performed by BSG. Logistic support during embarkation,
deployment and re-deployment will be performed in accordance with
the MOU on BALTBAT.
(2) Reduced availability of Host
Nation or Hosting Participant resources resulting in reduction in
the level of support will be equitably apportioned among the
Participants. The support will not be reduced or terminated
unilaterally without consultation between the Participants.
(3) Further support deemed
necessary, will be provided by either of the Participants in
accordance with a supplementary TA for the BALTBAT HQ in question
or as agreed in MC on an ad hoc basis.
(4) Medical support to BALTBAT HQs
is to be performed according to Annex C.
Section VII
FINANCIAL
ISSUES
The financial principles,
procedures and administrative arrangements for BALTBAT HQ are
described in Annexes A and B.
Section VIII
ASSISTANCE OF
THE PARTICIPANTS
(1) The Participants and each
BALTBAT HQ will co-operate at all times to facilitate the proper
implementation of the provisions of the Agreement, the Protocol
and supplementary arrangements to them as well as the provisions
of 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 (PfP SOFA).
(2) The Participants may appoint,
depending on request from a BALTBAT HQ, military experts and/or
military advisors to assist and advise that BALTBAT HQ.
(3) In case any legal action are
instituted towards a BALTBAT HQ, and prior to any similar action
to be taken by a BALTBAT HQ, MC via BMC will be informed in order
for that BALTBAT HQ to obtain directions.
(4) A BALTBAT HQ is requested,
prior to the conclusion of any arrangements supplementary to the
Protocol, to obtain approval from MC via BMC to conclude the
suggested arrangements.
Section IX
FINAL
PROVISIONS
(1) This MOU is effective from the
date of the last signature and is concluded for an unlimited
period of time.
(2) The Participants may amend
this MOU at any time by mutual consent; such amendments shall be
in writing and become effective from the date of their last
signature.
(3) Any Participant may withdraw
or partially withdraw from the MOU by giving 6 months' notice in
writing to the other Participants. If one of the Participants
withdraw from the MOU, the Participants will initiate immediate
negotiations related to the withdrawal from the MOU.
(4) This MOU may be terminated by
unanimous decision of the Participants. If the Participants
decide to terminate the MOU, the Participants will initiate
immediate negotiations related to the termination.
(5) Any dispute regarding the
interpretation or application of this MOU will be resolved
between the Participants.
Done in Riga on Auigust 23 2001 in
Estonian, Latvian, Lithuanian and English languages in one
original copy, all texts being equally authentic. In case of
different interpretation the English version will prevail. The
original will be deposited to the archives of the Ministry of
Defence of the Republic of Latvia, which will submit the
certified copies to the Participants.
|
Jūri Luik |
Ģirts Valdis Kristovskis |
Linas Linkevičius |
|
Minister of Defence |
Minister of Defence |
Minister of National Defence |
|
of the Republic of Estonia |
of the Republic of Latvia |
of the Republic of Lithuania |
Annex A
Financial Principles,
Procedures and Administrative Arrangements of BALTBAT
HQ
l. Purpose
This Annex records the details of
the financing of BALTBAT HQs.
2.
Principles
Pursuant to Article IV, paragraph
2, c) of the Agreement, BALTBAT will have a budget, approved by
MC, consisting of shared costs of the Participants. This Annex
identifies the "BALTBAT Budget", understood as the total budget,
comprising of the budgets adopted for each of the BALTBAT HQs.
Accordingly, the Participants agree to share the funding of
BALTBAT HQs, including the multinational units, as follows:
(1) Cost-sharing principles
1.1The operating costs of a
BALTBAT HQ will be shared proportionally to the number of
positions of the Participants in that BALTBAT HQ. The operating
costs consist of the costs stated in sub-paragraph 1.1 of Section
5 of this Annex.
1.2 Investment costs will be
shared proportionally in accordance with the number of the
Participants. Investment costs consist of the costs stated in
sub-paragraph 2) of paragraph (1) of Section 5.
(2) Rolling of interest revenue
and expenditures savings will be subject to the law of the
Hosting Participant.
(3) The currency used for budget
and estimates will be euro. The currency used for international
payments will be euro.
(4) The calculation of each
Participant's share of the funding will be rounded up to a full
currency unit - euro.
(5) A BALTBAT HQ is authorised to
dispose funds only within the approved budget. Supplementary
funding of costs beyond the approved budget will be considered
only in extraordinary circumstances and with the prior approval
of MC.
3.
Responsibilities
The Participants will fulfil the
obligations of assessments and payments approved by MC.
4. Assets
(1) The assets of a BALTBAT HQ
consist of the funds transferred by the Participants, equipment
donated by third parties and transferred by the Participants to
that BALTBAT HQ ownership, as well as assets, acquired as
approved in and funded by the BALTBAT budget share for that
BALTBAT HQ.
(2) Equipment, owned or used by a
BALTBAT HQ, will be recorded in separate inventory lists kept by
that BALTBAT HQ. Inventory lists will include specification of
ownership of the equipment.
(3) The property provided for the
use of a BALTBAT HQ by one of the Participants remains the
property of that Participant. If this MOU is terminated, property
of the Participants will be returned to the Participant, to whom
it belongs.
(4) If this MOU is terminated, all
financial assets will be shared proportionally in accordance with
respective Participants share of funding in the actual fiscal
year.
(5) If this MOU is terminated,
physical assets acquired by a BALTBAT HQ from the BALTBAT budget
or transferred by either of the Participants to the ownership of
a BALTBAT HQ will be shared between the Participants in
accordance with procedure set in Article 15 of the Protocol.
Physical assets donated by third parties will be distributed in
accordance with the documents of donation or as agreed between
the Participants.
5. Shared costs
of the Participants
(1)Shared costs of the
Participants consist of:
1.1 The operating costs of a
BALTBAT HQ:
1.1.1 Heating, gas, electricity,
water, waste disposal and communications (except for private
communications) for facilities provided for that BALTBAT HQ in
accordance with a supplementary TA.
1.1.2 Maps, stationary, badges,
flags and similar items.
1.1.3 Costs resulting of claims,
contractual as well as non-contractual, for which that BALTBAT HQ
is legally responsible.
1.1.4 Costs connected with the
organisation and hosting of seminars, conferences, visits and
costs for representation.
1.1.5 Transportation costs
(including fuel) connected with BALTBAT HQ duties and performed
in means of transportation owned or rented by that BALTBAT HQ
.
1.1.6 Costs connected with
maintenance of vehicles and equipment owned by that BALTBAT
HQ.
1.2 Investment costs of a BALTBAT
HQ:
1.2.1 Investment in and
replacement of furniture and office equipment.
(2) If equivalent operating costs
connected to the administration and operation of a BALTBAT HQ or
to maintenance of equipment, owned by a BALTBAT HQ are
identified, such costs will, unless otherwise agreed by the
Participants, be shared as set out above. Costs related to
investments or replacement of equipment, not mentioned in
paragraph 1.2.1. of this Section, will be authorised separately
by decision of MC.
6. National
Expenditures
of the
Participants
(1) National expenditures of the
Participants consist of:
1.1 Salaries and other payments to
personnel employed by the respective Participant.
1.2 Costs connected to the stay of
the personnel, employed by the respective Participant and their
dependants, in the territory of the Hosting Participant,
including accommodation and uniforms, sustenance costs (combat
rations).
1.3 Medical expenditures as
stipulated in Annex C.
1.4 Travelling costs related to
the posting of personnel, employed by the respective Participant,
to and from the BALTBAT HQ to which the personnel is assigned as
well as costs for duty trips and courses of such personnel while
it is assigned to that BALTBAT HQ, in accordance with the
national procedure of the respective participant.
1.5 Any other expenditure related
to the personnel or other purely national issue.
7. Budget
Cycle
(1) The fiscal year begins at 1st
of January and ends at 31st of December.
(2) Each year by 1st of April,
each BALTBAT HQ submit to MC through BMC a budget project for
that BALTBAT HQ for the next fiscal year.
(3) Each BALTBAT HQ will request
payments of the assessed shares quarterly by the 1st day of the
first month of each quarter. By the 15th day of the first month
of each quarter, the Participants will conduct money transfers to
cover the budgetary expenses for the coming quarter.
(4) Quarterly by the 1st day of
the second month, each BALTBAT HQ will issue Statement of
Payments from the Participants.
(5) Quarterly by the 15th day of
the next quarter, each BALTBAT HQ will submit statements of
expenditures for the previous quarter to the Participants.
(6) By the 15th of February of the
following year, each BALTBAT HQ will submit to MC through BMC a
Year-end-Report.
8.
Accounting
Accounts will be established and
operated in accordance with the legislation of the Host Nation.
If so decided by BMC, a BALTBAT HQ will make special arrangements
with the Hosting Participant concerning the accounting of the
BALTBAT budget share for that BALTBAT HQ.
9. Auditing
The audit of BALTBAT budget will
be made on a regular basis by the auditors assigned by the
Participants. Additional auditing of the budget may be carried
out by any of the Participants. The Participant conducting the
auditing will carry the expenditures for such auditing.
10. Payment of
assessments
(1) The Participants will transfer
the assessed payments to each BALTBAT HQ, to the bank account
duly designated by the BALTBAT HQ.
(2) Payments will be made free of
charge for the beneficiary.
11. Reporting
documents
(1)Each BALTBAT HQ will provide
budget documentation, consisting of:
1.1 Actual and Planned
expenditures by category;
1.2 Acquisitions of non-consumable
equipment;
1.3 Acquisitions of consumable
equipment;
1.4 Account of share of
expenditures planned among the Participants;
1.5 Calculation of expenses used
for energy resources.
(2) The Statement of Payments
Report will consist of Finance report.
(3) The Statement of Expenditures
will consist of:
3.1 Report on execution;
3.2 Report on received financial
resources;
3.3 Report on Acquisition of
Consumable Equipment;
3.4 Report on Acquisition on
non-consumable equipment.
(4) The Year-end-Report will
document the financial resources transferred by Participants and
the expenditures actually spent during the year.
Annex B
Hosting participant and Host
Nation Support to BALTBAT HQs
1. Purpose
This Annex records the details of
the Hosting Participant and Host Nation Support to be rendered to
BALTBAT HQs, including multinational units.
2.
Principles
(1) Hosting Participant and Host
Nation Support will, depending on the availability, be provided
in accordance with this Annex and supplementary Technical
Arrangement (TA) concluded for each BALTBAT HQ as deemed
necessary by the Participants. Support is rendered either free of
charge or on reimbursement basis, as stated in this MOU or in the
relevant TA.
(2) The Hosting Participant will,
subject to request, assist other Participants in finding
accommodation and handling other practical arrangements.
(3) This Annex does not include
any support to dependants of the personnel of BALTBAT HQs, as
this support is regarded as an individual or national
responsibility.
3.
Responsibilities
Hosting Participants and Host
Nation support will - where appropriate and subject to decision
of the Hosting Participant/Host Nation - be rendered through
military installations.
4. Logistic
supplies.
(1) Personnel of BALTBAT HQs will
be granted access to purchase their meals in the Host Nation's
Armed forces mess hall.
(2)Subject to request and
reimbursement, the Participant acting as Host Nation will provide
BALTBAT HQ with combat rations in periods of field exercises.
(3)The Host Nation will on request
provide other logistic supplies (NATO class II- IV) on a
reimbursement basis.
5. Logistic
Services
(1) Transportation of personnel
and/or cargo of a BALTBAT HQ will be arranged and co-ordinate
through BSG. The Participant acting as Host Nation can, on
request and subject to reimbursement, support a BALTBAT HQ with
transport.
(2) The Hosting Participant will,
subject to request and reimbursement, render maintenance and
repair of BALTBAT HQ vehicles in military garages.
(3) Transportation for off duty
purposes is an individual or national responsibility.
(4) The Host Nation will provide
waste disposal on reimbursement basis.
(5) Upon request the Host Nation
will provide laundry service for bedclothes on reimbursement
basis. Laundering of uniforms and personal clothes is an
individual or national responsibility.
(6) The Hosting Participant will,
free of charge, provide cleaning in offices, rooms and barracks
made available for a BALTBAT HQ.
(7) Upon request the Hosting
Participant will, free of charge, provide mutually agreed
internal maintenance and external maintenance of buildings made
available for a BALTBAT HQ.
(8) Subject to the decision by the
MC, Hosting Participant will modify facilities or will provide
new additional facilities. The costs will be shared as decided by
MC on a case-by-case basis.
(9) Medical Support will be
provided in accordance with Annex C.
6. Other
Services
(1) The Hosting Participant will,
free of charge, provide guarding and security services for a
BALTBAT HQ facilities.
(2) In the case of special need,
the Hosting Participant can support a BALTBAT HQ with additional
personnel.
Annex C
Medical Support provided to
the Personnel of BALTBAT HQs
1. Purpose
This annex records the details of
the Hosting Participant and Host Nation medical support for the
personnel of BALTBAT HQ, including multinational units.
2.
Definitions
(1) Outpatient care is understood
as medical support not leading to hospitalisation (NATO role
I).
(2) Inpatient care is understood
as short-term hospitalisation at the infirmary or long term
hospitalisation in civilian hospitals (NATO role II-IV).
3.
Principles
(1) Medical support will be
provided in accordance with this Annex on reimbursement basis
from the respective Participants.
(2) This Annex does not include
any support to dependants of the personnel of BALTBAT HQs.
(3) The Participants will furnish
their personnel with health insurance.
4.
Responsibilities
(1) The Hosting Participant and
the Host Nation will be responsible for the provision of medical
support to the personnel assigned to BALTBAT HQs within the
capabilities of the Armed Forces Health Service.
(2) The Participants will
co-operate to facilitate necessary co-ordination of medical
support.
5. Extent of
Military Medical Support
(1) Military Medical Support of
personnel in BALTBAT HQs includes:
1.1 Emergency and life-saving
treatment. Military medical facilities or civilian hospitals will
render emergency and life-saving treatment. In an emergency,
movement of patients will take place by transportation means
provided by any one of the Participants, depending on which
Participant is in the best practical position to carry out the
emergency transport.
1.2 Outpatients care. The
Infirmary will render outpatient care. If sufficient capacity is
not available, patients will be referred to other facilities of
the military medical service or to civilian physicians (including
specialists), dentists or hospitals.
1.3 Inpatients care. Inpatients
care will be rendered either by infirmary or civilian hospitals.
Treatment of prolonged duration only until the patient can be
transported to another medical facility, preferably in the
respective nations.
(2) The following services are not
included in the medical support:
2.1 Movement of patients (except
in cases of emergency).
2.2 Rehabilitation including stay
at sanatorium and similar courses of treatment.
2.3 Vision and hearing aids
2.4 Orthopaedic and other
appliances.
2.5 Prostheses.
2.6 Services and deliveries by
dental laboratories and dental shops.
6. Notification
and Maintenance of Medical Records
(1) The infirmary has the right to
request the Participants for medical documents and records
required for medical support.
(2) Members of a BALTBAT HQ will
carry copies of his/her own personal medical documents and
records while being posted to the BALTBAT HQ.
(3) Upon termination of treatment
originals or copies of all medical records prepared during
outpatient care will be forwarded in confidence to the military
medical services of the Participant to which the patient belongs.
In the case of possible serious consequences to the collective
health of personnel, actions can be taken in accordance with
regulations of respective national Health acts and International
law.
7. Costs
(1) Services in the course of
emergencies and life saving will be rendered by the civilian
authorities or from the military authorities on reimbursement
basis and settled according to the health insurance policies in
respective countries and/or international agreements.
(2) Outpatient care, including of
ordinary dental care at military medical facilities, will be
rendered on a reimbursement basis. Ordinary medical care in the
civilian sector by choice of an individual person will be the
responsibility of that individual.
(3) The respective Participants
will render inpatient care and special dental care at the
infirmary on a reimbursement basis. Inpatient care and special
dental care at civilian medical facilities by referral from the
Armed Forces medical services will be rendered on a reimbursement
basis by the respective Participants. The costs of consulting
civilian physicians, dentists, hospitals and other specialists
without referral from the Armed Forces Health Service are to be
paid directly by the individual.
