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RĪKI

Publikācijas atsauce

ATSAUCĒ IETVERT:
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE KINGDOM OF SWEDEN ON COLLABORATION WITHIN THE FIELD OF EMERGENCY PREVENTION, PREPAREDNESS AND RESPONSE. Publicēts oficiālajā laikrakstā "Latvijas Vēstnesis", 13.11.2002., Nr. 165 https://www.vestnesis.lv/ta/id/68335

Paraksts pārbaudīts

NĀKAMAIS

AGREEMENT BETWEEN THE MEMBER STATES ON THE TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS

Vēl šajā numurā

13.11.2002., Nr. 165

PAR DOKUMENTU

Veids: starptautisks dokuments

Pieņemts: 17.06.2002.

RĪKI
Oficiālā publikācija pieejama laikraksta "Latvijas Vēstnesis" drukas versijā.

 

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE KINGDOM OF SWEDEN ON COLLABORATION WITHIN THE FIELD OF EMERGENCY PREVENTION, PREPAREDNESS AND RESPONSE

The Government of the Republic of Latvia and the Government of the Kingdom of Sweden, hereinafter referred to as the Parties,

 

Convinced of the necessity of collaboration between themselves with a view of protecting people, environment and property, including cultural heritage, against serious natural, technological and environmental disasters and their effects, in particular through appropriate preventive measures,

 

Recognising the importance and usefulness in this respect of the Convention of 17 March 1992 on the Transboundary Effects of Industrial Accidents, the Convention of 9 April 1992 on the Protection of the Marine Environment in the Baltic Sea Area and the Convention of 26 September 1986 on Early Notification of a Nuclear Accident and the Convention of 26 September 1986 on Assistance in the Case of a Nuclear Accident or Radiological Emergency,

 

Having regard to the pertinent activities and mechanisms in the United Nations Office for the Co-ordination of Humanitarian Affairs (OCHA) and the Environment Programme (UNEP), in particular the APELL programme and the Joint UNEP/OCHA Environment Unit,

 

Noting the usefulness of supplementary bilateral agreements and being convinced of the necessity also for direct collaboration between themselves, for instance for facilitating mutual assistance in the event of serious disasters,

 

Wishing to improve their collaboration further with this purpose through this Agreement, which can be regarded as a framework agreement to be supplemented as appropriate with agreements and arrangements,

 

Have agreed as follows:

Article 1

General Provisions

The Parties shall within the framework of their respective national legislation develop their collaboration with the purpose of protecting, in particular through appropriate preventive measures, people, environment and property, including cultural heritage, against the effects of serious natural, technological and environmental disasters. By taking legislative and administrative measures, the Parties shall, as appropriate, endeavour to avoid impediments to such collaboration.

Article 2

Mutual Assistance

If a Party needs assistance from the other Party in the event of a natural, technological disaster or other accident or the imminent threat thereof, it may ask for such assistance. Each Party undertakes to provide, in accordance with the provisions of this Agreement, the assistance that is deemed possible to render and is available. The Party to whom a request for assistance is directed shall promptly decide and inform the other Party whether it is in a position to render the assistance asked for. It shall indicate the scope and terms of the assistance that might be rendered, including the estimated costs for the assistance.

Article 3

Operational Responsibility

The Party requesting assistance has the overall direction, control, co-ordination and supervision of the assistance within its territory, i.e. has full responsibility for the command of the operation on the site of the disaster. The personnel from the assisting Party serve under the command of their own officers and in accordance with the service regulations and other regulations in force in their own State, without prejudice to the laws and regulations of the Party requesting assistance.

Article 4

Border Crossing

The Party requesting assistance undertakes to, within its national legislation, minimize entry or exit formalities, charges and other duties for the border crossing of the assisting State’s rescue teams, including personnel, medicine, medical devices, vehicles, rescue equipment and other equipment which are intended for use in the rescue operation. To this end, rescue teams shall bring a certificate, issued by the authorities of the assisting state, describing the mission and the composition of the team, together with a complete list of its equipment. Each person of the team shall carry a travel document or official certificate with photo, as required by the requesting State.

Article 5

Permission for Entry

If the assistance consists of military personnel, State ships and aircraft or military vehicles that require special permission for entry, then the competent authority of the Party requesting assistance shall obtain such permission. No territorial border may be crossed before such necessary permission has been granted.

Article 6

Reimbursement of costs

In the absence of any arrangements to the contrary between the Parties, the costs of assistance provided shall be borne by the Party requesting assistance. If this Party recalls its request, then the assisting Party has a right to reimbursement for costs already incurred. The calculation of costs shall be based on the principle of prime costs. The assisting Party may, bearing in mind in particular the nature of the disaster and the extent of damage suffered, offer its assistance entirely or partially free of charge. The Party may also waive all or part of the reimbursement of its costs at any time. These provisions shall not prevent the right of the Parties from claiming compensation from a third party in accordance with national or international law.

Article 7

Liability

The Party requesting assistance is responsible for damage caused by the assistance rendered within its territory according to this Agreement and is obliged to appear as defendant in legal proceedings or to negotiate settlement regarding claims for compensation brought by third parties against the assisting Party or its personnel. The assisting Party is liable for damage caused within its own territory.

Unless loss or damage is already addressed in an agreement which is applicable or is covered by valid insurance, the Party requesting assistance shall compensate the assisting Party for the death of, or injury to, the latter’s personnel caused within the territory of the Party requesting assistance as a result of the assistance, as well as for the loss of, or damage to, materiel.

The Party requesting assistance has a right of recourse to action for costs, which it has paid pursuant to this Article, against any of the assisting personnel that have caused damage through wilful misconduct or gross negligence.

Article 8

Procedures and Plans

The Parties shall jointly take measures, such as elaborate of mutual procedures and plans for cross-border rescue operations to facilitate the rendering of assistance and co-operation during an operation.

Article 9

Other Cooperative Measures

The collaboration shall also be developed by means of exchange of information in general and on results of research and development programmes and on experience of disasters and accidents. Other cooperative measures, such as common training, exercises and exchange of experts and seminars or workshops, shall also be undertaken, subject to the availability of necessary resources.

Article 10

Competent Authorities

Each of the Parties shall designate a competent authority for the practical development and implementation of the collaboration within the framework of this Agreement, including matters related to requests for assistance and decisions to render assistance. The Parties assign the following competent authorities for this purpose:

for the Republic of Latvia — the Ministry of the Interior or any other bodies designated by the Ministry of the Interior,

for the Kingdom of Sweden — the Swedish Rescue Services Agency.

Article 11

Meetings

Meetings within the framework of this Agreement shall be held annually, or as agreed upon by the Parties.

Article 12

Settlement of Disputes

All disputes regarding the interpretation and the implementation of the present Agreement shall be settled by negotiation between the Parties.

Article 13

Entry into Force etc.

This Agreement shall enter into force 30 days after the date of exchange of notifications certifying that the Parties have completed the relevant internal constitutional formalities necessary to allow the Agreement to enter into force.

If a Party wishes to withdraw from the Agreement the Party may do so in written form, in which case the Agreement will cease to apply six months after the written notification of withdrawal has been received by the other Party.

This is to confirm that the below named signatories are fully authorised representatives for the signing of this Agreement.

Signed in Riga, on 17 June 2002; three copies in Latvian, Swedish and English; all three versions of the Agreement are equally valid. In the event that there shall arise any ambiguity in interpretation the English version will take precedence over the other two versions.

For the Government

For the Government

of the Republic of Latvia

of the Kingdom of Sweden

Minister of the interior

Minister of defence

M.Segliņš

Björn von Sydow

 

 

Oficiālā publikācija pieejama laikraksta "Latvijas Vēstnesis" drukas versijā.

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