AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA, THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA
ON THE DEVELOPMENT OF THE BALTIC AIR SURVEILLANCE NETWORK AND CONTROL SYSTEM

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

Taking into consideration the membership in the North Atlantic Treaty Organisation, the contribution to the enforcement of sovereignty of the national airspace of the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania and the efforts to promote common development of the national air defence systems with the structures of the North Atlantic Treaty Organisation and of its Member States, so that the national defence systems would meet the common standards and requirements of the Organisation,

 

Seeking to contribute to the promotion of international co-operation among the Parties,

Having the need for development of the Baltic Air Surveillance Network and Control System with a clearly defined organizational, administrative and financial status as specified below, for the implementation of tasks arising out of the participation in the NATO air defence system,

Aiming to define the framework for co-operation of the Parties in the development and management of BALTNET,

Recognising that the provisions of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces, done on 19 June 1951, shall apply to the co-operation established by the present Agreement and

Acknowledging that the Parties shall commonly assume the responsibility for implementation of this Agreement,

Have agreed as follows:

ARTICLE I
ACRONYMS AND ABBREVIATIONS

As used throughout this Agreement the following acronyms and abbreviations are identified below:

a) BALTNET - Baltic Air Surveillance Network and Control System;

b) CRC Karmėlava (CRC) - combined Control and Reporting Centre Karmėlava;

c) CRP - Control and Reporting Post;

d) MC - Ministerial Committee;

e) MCG - Military Co-ordination Group;

f) MilC - Military Committee;

g) NATO - North Atlantic Treaty Organization;

h) NATO SOFA - Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, done in London on 19 June 1951;

i) OIC - Officer in Charge;

j) RASCC - Regional Airspace Surveillance Coordination Centre;

k) RP - Reporting Post.

ARTICLE II
DEFINITIONS

As used throughout this Agreement, the following definitions shall have the meanings stated below:

a) BALTNET is an integral part of NATO air defence system to perform air surveillance, weapons control, command and control and training activities in the territories of the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania. It comprises CRC, CRPs, RPs and BALTNET assigned equipment.

b) CRC is an integral part of BALTNET, an internationally staffed and commonly organized tactical air command and control unit, which conducts air surveillance and weapons control operations and is established instead of RASCC in the territory of the Republic of Lithuania, Karmėlava.

c) CRPs and RPs are the nationally manned tactical units as integral parts of BALTNET, established in the territories of the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania.

d) BALTNET assigned equipment - radars, radios, communicational lines and other equipment connected to BALTNET.

ARTICLE III
GENERAL

1. The aim of BALTNET is to contribute to the enforcing of the sovereignty of the national airspace of the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania by continuously using nationally or commonly owned air surveillance assets and air command and control systems, in this way contributing to the preservation of the integrity of NATO airspace.

2. The purpose of this Agreement is to define the framework for cooperation between the Parties in the development and management of BALTNET and to establish CRC.

ARTICLE IV
ESTABLISHMENT OF CRC

1. Parties agree to establish CRC at Karmėlava, the Republic of Lithuania.

2. Within the scope of this Agreement, the Parties will conclude a separate Protocol concerning the Status of CRC and its Personnel.

3. Exact functions of CRC, the practical aspects of command, control and organization of CRC, training, host nation support to CRC and practical aspects of ownership and use of property of CRC, shared costs and principles of reimbursement as well as the formation of an annual budget and the performance of the audit, the terms on which support will be rendered, will be specified in separate agreements between the Ministries of (National) Defence of the Parties.

4. The CRC shall have its own budget.

5. The CRC shall have its own seal and emblem.

ARTICLE V
ORGANIZATION AND MANAGEMENT

1. For the organization and management of BALTNET, the Parties agree to set up an MC, consisting of the Parties' Ministers of (National) Defence or their designated representatives, a MilC, consisting of the Parties' Chiefs of Defence or their designated representatives and an MCG, consisting of the Parties' Commanders of Air Forces or their designated representatives.

2. MC embodies the highest political authority over BALTNET and shall be solely responsible for:

a) Making policy decisions and providing political guidance;

b) Approving the overall organization of BALTNET;

c) Approving budget and audit reports of CRC and other financial decisions;

d) Settling disputes that occur in MilC;

e) Acknowledging reports of MilC;

f) Approving the BALTNET development plan;

g) Forming recommendations to the Parties on the termination of the functioning of CRC.

3. MilC embodies the military command authority over BALTNET and shall be responsible for:

a) Providing recommendations to the MC on policy and further development of BALTNET;

b) Providing a BALTNET development plan to the MC for consideration and approval;

c) Approving a BALTNET concept of operations and other operational documents;

d) Approving the BALTNET OIC and his deputies;

e) Presenting an annual draft budget for CRC to the MC for approval;

f) Submitting reports to the MC;

g) Approving the job description of BALTNET OIC and his deputies.

4. MCG shall be responsible for:

a) Coordinating and managing BALTNET;

b) Providing all necessary information and assistance to MilC for the implementation of a BALTNET development plan and other related documents;

c) Submitting for approval the candidates of BALTNET OIC and his/her deputies to MilC.

5. The BALTNET OIC also acts as the CRC Commander.

6. The post of BALTNET OIC shall rotate among the Parties. MilC shall decide the principles of rotation for the BALTNET OIC and his deputies.

7. MC and MilC may establish subordinated working groups to accomplish their tasks.

ARTICLE VI
STATUS

1. While in the territory of a Party due to activities connected to BALTNET, the Parties agree that the status of CRC and its personnel shall be governed by the Protocol 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 Status of Combined Control and Reporting Centre and its Personnel.

2. NATO SOFA will govern the matters not regulated by the Protocol.

ARTICLE VII
OWNERSHIP AND ASSETS

1. Each Party shall be the owner or custodian of BALTNET assigned equipment, facilities, hardware and software that are located in its territory and shall be responsible for its operation and maintenance, unless otherwise agreed.

2. Assets and property of CRC shall be commonly and equally owned by the Parties.

3. No Party may alter, substitute or change any commonly procured equipment or software which affects the data content or electronic characteristics of the data, except when this is agreed by MC.

4. Decisions concerning the acquisition of any equipment related to BALTNET, which will be commonly owned, shall be approved by MC.

ARTICLE VIII
RESPONSIBILITIES

1. The Parties agree to develop BALTNET according to applicable NATO procedures and standards.

2. Each Party is responsible for the training of its personnel, who will be appointed for running BALTNET.

3. Each Party shall independently and according to its national legislation ensure the conditions of BALTNET service as well as salaries, taxation, and social and legal guarantees for their personnel assigned to BALTNET duties and to activities connected to BALTNET.

4. The Parties agree to assign the necessary equipment for BALTNET in order to ensure the functioning of BALTNET.

5. The Republic of Lithuania shall provide the necessary and adequate infrastructure for the establishment and functioning of CRC.

6. Each Party shall ensure the functioning of CRPs or RPs established in its territory.

ARTICLE IX
FINANCIAL ARRANGEMENTS

1.The Parties agree to cover equally the shared costs related to the functioning of CRC agreed as shared costs by the Ministries of (National) Defence of the Parties as it is indicated in paragraph 3 of Article IV.

2.Whereas the financial matters of the activities related to BALTNET are not covered by the separate agreements mentioned in paragraph 3 of Article IV, the Parties agree, that the Ministries of (National) Defence of the Parties will agree on financial matters on a case by case basis.

ARTICLE X
PROTECTION OF INFORMATION

The protection of classified information provided by the Parties throughout activities connected to BALTNET shall be regulated by NATO rules covering the protection of classified information and by relevant international agreements among the Parties.

ARTICLE XI
SETTLEMENT OF DISPUTES

Disputes between the Parties regarding the interpretation or application of this Agreement shall be resolved by negotiations between the Parties at the lowest possible level and shall not be referred to any international tribunal or third party for settlement.

ARTICLE XII
DEPOSITORY

The Government of the Republic of Lithuania shall act as the official Depository for this Agreement.

ARTICLE XIII
ENTRY INTO FORCE, DURATION AND DENUNCIATION

1. This Agreement shall enter into force 30 (thirty) days after the Depository has received through diplomatic channels the last written notification stating that the necessary national legal requirements for this Agreement to enter into force have been completed. The Depository shall inform the Parties of each notification received and the entry into force date of this Agreement.

2. On the date of the entry into force of this Agreement, 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 on the establishment of the Baltic Air Surveillance Network, signed on April 16, 1998 in Riga, is terminated.

3. This Agreement is concluded for an unlimited period of time. It may be denounced by any of the Parties by written notification to the Depository, which shall notify the other Parties through diplomatic channels each such notification and the date of the receipt thereof. The denunciation shall take effect 6 (six) months after the receipt of the notification by the Depository. In case of denunciation of this Agreement by any of the Parties, it shall cease to be in effect regarding that specific Party.

4. Pending the completion of the procedure for the entry into force of this Agreement, the provisions of this Agreement shall be applied provisionally upon its signature.

ARTICLE XIV
AMENDMENTS

Any of the Parties may initiate amendments to this Agreement at any time. The request shall be addressed to the Depository, which shall notify through diplomatic channels the other Parties of each such notification and the date of the receipt thereof. Such amendments shall come into force pursuant to paragraph 1 of Article XIII of this Agreement.

Done in Wiesbaden on March 2, 2007 in a single copy in the Estonian, Latvian, Lithuanian and English languages, all texts being equally authentic, which shall be deposited into the archives of the Depository. The Depository shall transmit certified copies of the Agreement to all the Parties. In any case of divergence, the text in the English language shall prevail.

For the Government of the Republic of Estonia Jurgen Ligi, Minister of Defence of the Republic of Estonia

For the Government of the Republic of Latvia Atis Slakteris, Minister of Defence of the Republic of Latvia

For the Government of the Republic of Lithuania Juozas Olekas, Minister of National Defence of the Republic of Lithuania