THE GOVERNMENT OF THE REPUBLIC OF ESTONIA, THE GOVERNMENT OF THE
REPUBLIC OF LATVIA
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),
Referring to the Article IV, paragraph 2, of 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 development of the Baltic Air Surveillance Network and Control System, done in Wiesbaden on March 2, 2007 (hereinafter referred to as the Agreement), in which the Parties have agreed to determine the status of combined Control and Reporting Centre at Karmėlava (hereinafter referred to as CRC) and its personnel in a separate protocol,
Have agreed as follows:
1. CRC is established in accordance with the Agreement. The provisions of this Protocol shall apply to CRC in the territory of the Republic of Lithuania and to the military and civilian personnel assigned to or employed in CRC and their dependents, when such personnel is present in any territory of the Parties in connection with their official duties or, in the case of dependents, the official duties of their spouse or parent.
2. For the purpose of the application of this Protocol the terms "military personnel", "civilian personnel" and "dependent", wherever these terms occur in this Protocol, mean "force", "civilian component" and "dependent" respectively, as accordingly defined in the Agreement between the Parties to the North Atlantic Treaty regarding the Status of Their Forces, done in London on 19 June, 1951, (hereinafter referred to as the NATO SOFA).
1. CRC shall possess legal capacity. It shall have the capacity to conclude contracts, to open bank accounts, and to acquire and dispose of property.
2. Subject to the provisions of this Protocol, CRC may be a party to legal proceedings. However, CRC may agree with any of the Parties, that Ministry of (National) Defence of the Respective Party, depending on the nationality of the court, shall act on behalf of CRC in any legal proceedings to which CRC is a party before the courts of that state. The costs connected to carrying out contracts or settling legal actions shall be borne by CRC.
CRC shall be represented by CRC Commander or by whom he/she may appoint, in accordance with the arrangements and procedures established for the operation and administration of CRC.
1. Except as otherwise provided in this Protocol, the legislation of the Republic of Lithuania shall apply within the premises solely used by CRC.
2. Except as otherwise provided in this Protocol, the courts or other appropriate institutions of the Republic of Lithuania shall have jurisdiction, as provided in applicable laws, over acts, transactions or omissions taking place within the premises solely used by CRC.
3. Seizure, search, requisition, confiscation, expropriation and any other form of interference whether by administrative, judicial or legislative actions, of property, documents, assets or funds shall not take place against or within the premises of CRC, except:
(a) for facilitating necessary investigations into offences and collection of evidence, including seizure and, in proper cases, the handing over of objects connected with an offence, including offences against customs and fiscal laws and regulations.
(b) or otherwise with the consent of, and/or under the conditions approved by the Parties.
4. CRC shall, at the request of the authorities of the Parties and in the presence of a representative of the Ministry of (National) Defence of the requesting Party, verify the nature and contents of any documents to confirm that they are entitled to immunity under this Article.
5. The immunities granted to CRC by this Protocol shall not prevent the Parties from executing mutually agreed functions concerning CRC.
6. The appropriate authorities of the Republic of Lithuania shall ensure that the tranquility of the premises of CRC is not disturbed by any person or group of persons attempting unauthorised entry into or creating disturbances in the immediate vicinity of those premises. If so requested by CRC Commander, the appropriate authorities of the Republic of Lithuania shall provide the necessary assistance for the preservation of law and order in CRC and for the removal of persons from the premises.
1. Without prejudice to established procedures and international arrangements, the Parties undertake to allow the entry of the military and civilian personnel of CRC into their territory as well as all other persons invited to CRC during the performance of their duties directly for or in relation to CRC. This does not exempt anyone from the application of quarantine or other health regulations.
2. No action to force the persons referred to in paragraph 1 of this Article to leave the territory of one of the Parties may be taken except after consultation with the diplomatic representatives of their state.
3. Persons who are entitled under the laws of the Republic of Lithuania to enter the premises of the CRC for the purpose of performing their official functions may only enter the premises with the consent of CRC Commander or his appointed person. However, in cases of flagrante delicto or in cases envisaged in Article IV, paragraph 3, of this Protocol, such authorisation shall be given automatically.
The border crossing of CRC military and civilian personnel and their dependents is regulated in accordance with the NATO SOFA and applicable legislation of the Parties.
1. CRC shall be exempted from customs duties, value added tax and excise-duties on goods and services utilized by CRC itself for its official use to the extent possible according to the legal acts applicable in the territory of the appropriate Party.
2. Items imported tax-free by CRC shall only be transferred in accordance with the legal acts applicable in the territory of the appropriate Party.
1. With regard to CRC military and civilian personnel and their dependants, the Parties agree to apply the provisions of the NATO SOFA and applicable legislation of the Parties, when present in the territory of any of the Parties due to activities connected to CRC.
2. The status granted to CRC military and civilian personnel may be applied equivalently to personnel assigned to CRC by a state non-signatory to this Protocol, including states non-signatories to the NATO SOFA or 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, done in Brussels on 19 June, 1995 (PfP SOFA), by an Exchange of Notes between the non-signatory and the Government of the Republic of Estonia, the Government of the Republic of Latvia and the Government of the Republic of Lithuania. The agreements concluded with non- signatories shall enter into force after the receipt of the last notification with the one of the signatories.
The CRC may hire civilian personnel within the limits of the annually approved CRC budget. Legislation applicable in the Republic of Lithuania will govern such employment.
1. For all official postal and electronic communications, the Respective Parties shall accord to CRC treatment equivalent to that accorded to their Armed Forces.
2. The Parties take reasonable measures to secure the inviolability of the official correspondence of CRC, without regard to the means of communication used.
The Government of the Republic of Lithuania shall act as the official Depository for this Protocol.
1. This Protocol 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 Protocol to enter into force have been completed. The Depository shall inform the Parties of each notification received, and of the entry into force date of the Protocol.
2. The present Protocol is concluded for an unlimited period of time. It may be denounced by any of the Parties by written notification sent through diplomatic channels to the Depository, which shall notify all the other Parties of each such notification and the date of the receipt thereof.
3. The denunciation shall take effect 6 (six) months after the receipt of the notification by the Depository. In case of denunciation of this Protocol 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 Protocol, the provisions of this Protocol shall be applied provisionally upon its signature.
5. This Protocol shall be terminated upon the termination of the Agreement.
Disputes between the Parties regarding the interpretation or application of this Protocol shall be resolved by negotiation between the Parties at the lowest possible level and shall not be referred to any international tribunal or third party for settlement.
Any of the Parties may at any time request amendments to this Protocol. The request shall be addressed to the Depository, which shall notify through diplomatic channels all the other Parties of each such notification and the date of the receipt thereof. Such amendments shall come into force pursuant to the provisions of Article XII, paragraph 1 of this Protocol.
Done in Wiesbaden on March 2, 2007 in a single original in the Estonian, Latvian, Lithuanian and English languages, all texts being equally authentic, which shall be deposited in the archives of the Depository. The Depository shall transmit certified copies of the Protocol to all Parties. In case of any divergence, the English version shall prevail.
Entry into force:
Place of signature:Visbādene
Depositary:Government of the Republic of Lithuania
Publication:"Latvijas Vēstnesis", 195, 05.12.2007.