AGREEMENT
between the Government of the Republic of Latvia and the
Government of the Republic of Estonia on the Maintenance of the
Latvian - Estonian State Border and the Activities of Border
Representatives
The Government of the Republic of Latvia and the Government of
the Republic of Estonia hereinafter referred to as the
"Contracting Parties",
striving to develop and strengthen friendly relations which
are beneficial to the Contracting Parties;
wishing to support and develop the necessary legal relations
between the Contracting Parties on the state border and following
the Agreement on the Renewal of the State Border between the
Republic of Latvia and the Republic of Estonia of 20 March
1992;
considering the obligations of the Contracting Parties as
Member States of the European Union;
based on the national law of the Contracting Parties and the
documents concerning re-demarcation of the state border between
the Contracting Parties;
have agreed as follows.
ARTICLE 1
Scope of the Agreement
The Contracting Parties shall agree upon:
(a) the maintenance of border markers and the border
strip;
(b) the border representation and its tasks;
(c) the procedure for border inspection;
(d) the procedure for investigation of border incidents;
(e) the creation of a Joint Committee, and its tasks;
(f) the procedure for inventory control.
ARTICLE 2
Definitions
The definitions in the Agreement shall have the following
meaning:
1. Agencies of the Contracting Parties responsible for
border control (hereinafter: the Border Agencies) - the State
Border Guard of the Republic of Latvia and the Police and Border
Guard Board of the Republic of Estonia.
2. Border markers - basic and auxiliary border markers,
as set forth in sections 6 and 7 of the Annex to the Agreement on
the Renewal of the State Border between the Republic of Latvia
and the Republic of Estonia, 'Guidelines of the Mixed Committee
Organising the Re-demarcation and Landscape Construction of the
State Border between the Republic of Latvia and the Republic of
Estonia'.
3. Border incident - an event on the State Border or in
the immediate vicinity thereof, influencing border security or
border maintenance and that may require unilateral or joint
investigation by Border Agencies.
4. Border representation - body of persons assigned by
each Contracting Party to the State Border, the composition and
tasks of which are described in Articles 10 to 17 of the
Agreement.
5. Border strip - a 6-metre strip of land on each side
of the State Border for the marking thereof.
6. Inventory control - joint comparison of the
conformity of the factual condition and location of the State
Border markers with the re-demarcation documents, using maps and
geodetic surveys, as well as joint inspection of the condition of
the border strip.
7. Investigation of the border incident - comprehensive
treatment of the circumstances of a border incident conducted by
the border representatives, the procedure of which is described
in Article 14 of the Agreement.
8. Joint Committee - a Latvian - Estonian committee
established on the basis of and for the fulfilment of the
Agreement, the composition and tasks of which are described in
Articles 18 to 21 of the Agreement.
9. Joint inspection - an inspection of the condition of
border markers and border structures, in accordance with Article
XI of the Agreement on the Renewal of the State Border between
the Republic of Latvia and the Republic of Estonia.
10. Re-demarcation documents - the Agreement on the
Renewal of the State Border between the Republic of Latvia and
the Republic of Estonia, Latvian-Estonian border map, border
description, catalogue of border marker coordinates, the final
report of the session of the Mixed Committee for the Renewal of
the State Border between the Republic of Latvia and the Republic
of Estonia, and other documents recognised by the Contracting
Parties, which determine the location of the State Border.
11. State border (hereinafter: the State Border) -
uninterrupted and closed imaginary line and the vertical area
(land, water bodies, earth's crust and airspace) along the line
which determines the borders of the countries and delimits the
territories of the states of the Contracting Parties.
12. Transboundary water body - the parts of lakes,
rivers, streams and other water bodies, along which the State
Border runs.
ARTICLE 3
Marking of State Border
1. The State Border is marked with the border markers, as set
forth by the Mixed Committee, which was established on the basis
of the Agreement on the Renewal of the State Border between the
Republic of Latvia and the Republic of Estonia.
2. The marking of the State Border in any other manner, which
differs from the regulation established by the Mixed Committee
mentioned in paragraph 1 of this Article shall only be allowed on
the basis of a decision of the Joint Committee. Upon a decision
of the Joint Committee, other types of border markers and
structures thereof may be used for marking the State Border, and
the location, shape and dimensions of border markers may be
altered.
ARTICLE 4
Maintenance of Border Markers
1. The Contracting Parties shall undertake to maintain the
border markers in a condition which ensures that the location,
appearance and shape thereof meet the requirements of the
re-demarcation documents.
2. The responsibility for the maintenance of border markers
shall be distributed as follows:
(a) the Republic of Latvia - for border markers located in the
territory of the Republic of Latvia;
(b) the Republic of Estonia - for border markers located in
the territory of the Republic of Estonia.
3. The responsibility for the bilateral border markers placed
on the State Border line shall be distributed as follows:
(a) the Republic of Latvia - from border marker 219 (included)
to border marker 443, with the exclusion of border markers which
are located at the other side of a transboundary water body and
for the maintenance of which the Estonian side is
responsible:
225-B; 225-C; 225-F; 226; 246; 275-A; 275-B; 276-1;
(b) the Republic of Estonia - from border marker 46+1379 to
border marker 219 (excluded), with the exclusion of border
markers which are located at the other side of a transboundary
water body and for the maintenance of which the Latvian side is
responsible:
62-1; 62A; 62B1; 62C1; 80-1; 80A; 94-1A; 101-1A; 101A; 101B1;
102; 111; 111A; 111B1; 111C; 111D1; 115; 143; 144-1; 147; 160;
164; 166-1A; 173-1; 173A1; 173B; 173C1; 173D; 173E1; 173F; 173G1;
173H; 173I1; 174-1; 182-1; 182A; 182B1; 182C; 182D1; 182E; 182F1;
182G; 182H1; 182I; 182J1; 182K; 182L1; 182M; 182N1; 182O; 182P1;
182R; 182S1; 182T; 182U1; 182V; 182W1; 182X1; 202-l; 202-3; 202A;
202A2; 202A3; 202A4; 202A5.
ARTICLE 5
Restoration of Border Markers
1. In their cooperation, the Contracting Parties shall take
the necessary measures to preserve the border markers in order to
prevent the relocation of, damage to and loss of border
markers.
2. When discovering the fact of damage or loss of a border
marker or its separate element, the border representatives
immediately notify each other about this, except for minor
damages of elements of the border marker located on the territory
of their state that does not require restoration or
replacement.
3. In the case of a relocation or loss of a border marker,
restoration shall take place in the shortest time possible by the
Border Agency of the Contracting Party responsible for the border
marker. A border representative of the Contracting Party
performing the restoration works shall notify the border
representative of the other Contracting Party and the Joint
Committee in writing at least ten (10) days before the
commencement of the works.
4. A border marker shall be restored at its former location in
accordance with the re-demarcation documents. The border
representatives shall draw up a report on the works performed in
the Latvian and Estonian language to be delivered to the Joint
Committee.
ARTICLE 6
Alteration of Location of Border Markers
1. The location of border markers may be altered or additional
border markers may be installed in places where the preservation
thereof is ensured, while leaving the location of the State
Border unchanged. The alteration of the location of border
markers and the installation of additional border markers shall
be allowed only with a decision of the Joint Committee.
2. For every border marker installed in a new location or
installed additional border marker, the Joint Committee shall in
as short a period as possible prepare a border marker field
sketch and a report which shall be added to the re-demarcation
documents. Similar corrections (correction inserts) shall be made
in the catalogue of coordinates.
ARTICLE 7
Maintenance of Border Strip
1. The border strip shall be visible in its entire extent and
shall, if necessary, be cleared of trees, bushes and other
vegetation.
2. The Contracting Parties shall clear the border strip on the
territory of their State.
3. The performance of economic and other activities on the
border strip is regulated by the national law of the Contracting
Parties.
ARTICLE 8
Maintenance of Shores of Transboundary Water Bodies
1. The Contracting Parties shall clear the shores of
transboundary water bodies from trees, bushes and other
vegetation in a manner that ensures visibility between border
markers located opposite each other on opposite shores of the
transboundary water body.
2. Having assessed the need and expediency and agreed with
each other, the Contracting Parties shall, according to the
proposal of the Joint Committee, take measures to ensure the
unchanged condition of and to reinforce the shores of
transboundary water bodies.
3. In order to avoid changes in transboundary water bodies,
the shores thereof shall be reinforced in places where the Joint
Committee deems it necessary. Such works shall be performed and
the relevant costs borne by the Contracting Party to whom the
respective shores belong, unless it is related to the activities
of the other Contracting Party.
ARTICLE 9
Distribution of Costs
The Contracting Parties shall carry out the maintenance and
repair of the objects installed on the State Border on the basis
of the ownership thereof. The Agreement does not regulate the
procedure of use of objects not related to the maintenance of the
State Border.
ARTICLE 10
Border Representation
1. Border representation shall consist at least of the
following officials of the Contracting Parties:
(a) the border representative;
(b) deputy border representative(s);
(c) assistant to the border representative.
2. The Contracting Parties shall exchange information
concerning the border representatives and their deputies via
diplomatic channels within six months after the date of entry
into force of the Agreement, forwarding the following data to the
other Contracting Party: given name, surname, position, contact
details. The other Contracting Party shall be notified of any
changes in the details of the border representative or his/her
deputies immediately in writing via diplomatic channels.
3. In fulfilling the duties of border representatives, the
deputy border representatives shall have the same rights as the
border representatives.
4. The border representatives shall appoint a necessary number
of assistants to the border representative, concerning which the
border representatives shall exchange information in writing.
5. The work of the assistants to the border representatives
shall be coordinated by the border representatives. Issues, in
which the assistants to the border representatives fail to reach
an agreement, shall be reviewed by the border representatives.
The rights and obligations of the assistants to the border
representatives as well as their work procedure shall be
determined by the border representatives upon mutual
agreement.
6. The border representatives may appoint secretaries and
shall have the right to involve interpreters and experts for
ensuring the functioning of the border representation.
ARTICLE 11
Tasks of Border Representation
1. A border representation shall be responsible for the
operative settlement of issues related to the maintenance of the
State Border in landscape, border markers and the border strip,
as well as the settlement of border incidents.
2. The border representatives shall:
(a) organise and carry out the joint inspection of the State
Border in landscape, border markers and the border strip;
(b) organise the restoration of border markers and
installation of additional border markers;
(c) coordinate and reconcile activities of Border Agencies in
combating cross-border crime;
(d) organise the unilateral or joint investigation of border
incidents and the settlement thereof within the limits of their
competence, unless these need to be settled via diplomatic
channels;
(e) notify the border representative of the other Contracting
Party of the measures taken for solving a border incident;
(f) settle issues related to the activity and working mode of
temporary border checkpoints and organise the settlement of
issues related to border control in the case of a temporary
reintroduction of border control on internal borders;
(g) organise the receiving and handing over between the
Contracting Parties such persons who do not meet the applicable
requirements for entry or stay in the territory of the state of
the Contracting Parties;
(h) forward issues which are outside the competence of the
border representatives or with regard to which cooperation has
yielded no agreement to be settled via diplomatic channels,
notifying the border representative of the other Contracting
Party thereof;
(i) determine the places of working meetings, as well as the
method of forwarding and receiving work-related
correspondence;
(j) develop the templates and drafts of documents necessary
for the activities of the border representatives;
(k) organise joint patrolling and carry out annual evaluation
of joint patrolling results the exact procedure for which will be
agreed between Border Authorities.
3. The border representatives shall immediately inform the
border representative of the other Contracting Party of:
(a) any border incidents that have taken place on the State
Border;
(b) the contamination of transboundary water bodies and of a
risk of ecological catastrophes, natural disasters and epidemics
spreading across the State Border.
ARTICLE 12
Joint Inspection
1. In order to carry out a joint inspection, the border
representatives may establish a working group which consists of
the representative of Border Agencies and, if necessary,
representatives of other agencies.
2. The border representatives shall carry out a joint
inspection at least once every three years from the date of entry
into force of the Agreement. As a rule, a joint inspection is
organised in summer.
3. A joint inspection comprises the following:
(a) a visual assessment of border markers, the parameters and
locations thereof, the border strip, the shores of transboundary
water bodies, drainage structures, land improvement systems,
etc.;
(b) an assessment of the locations of border markers and the
shoreline.
ARTICLE 13
Joint Inspection Report
1. A joint inspection report shall be drawn up on the joint
inspection in the Latvian and Estonian language.
2. A joint inspection report shall record the results of the
joint inspection - deficiencies in the preservation and
maintenance of the border strip and border markers and any
non-compliance with the re-demarcation documents.
3. A separate report shall be drawn up on every relocated or
lost border marker.
4. The joint inspection report shall be signed by everyone
participating in the joint inspection.
5. A joint inspection report shall be annexed to the minutes
of the working meetings of the border representatives. The
minutes of the working meetings together with the joint
inspection report(s) shall be forwarded to the Joint Committee
who shall decide on the elimination of deficiencies or other
subsequent activities on the basis of the submitted
materials.
6. The deficiencies shall be eliminated in as short a time as
possible after the decision of the Joint Committee.
7. The works shall be distributed on the basis of the
responsibilities of the Contracting Parties as determined in
Article 4 of the Agreement, and the Contracting Parties shall pay
separately for their share of the works. No question shall be
raised with regard to equalising the cost amounts in performing
the works.
ARTICLE 14
Investigation of Border Incidents
1. The investigation of a border incident may be conducted by
the Contracting Parties unilaterally or jointly.
2. The investigation of a border incident shall not be
considered a pre-trial procedure in the meaning of criminal
law.
3. The joint investigation of a border incident shall be led
by the border representative of that Contracting Party in whose
territory the border incident which requires joint investigation
took place.
4. A joint border incident investigation report shall be drawn
up on the joint investigation of a border incident in the Latvian
and Estonian language.
5. The report shall record the course of the joint
investigation of a border incident, circumstances at the site of
the joint investigation, and the results of joint investigation.
The report shall be signed by the participants in the joint
investigation of the border incident.
6. The report together with other documents of importance with
regard to the investigation of the border incident shall be
included in the agenda of the subsequent working meeting of the
border representatives for the mutual approval of the border
representatives.
7. Border incidents, in the settlement of which the border
representatives fail to reach an agreement, shall be referred for
settlement at the level of chiefs of the Border Agencies of
Latvia and Estonia and in case of no settlement via diplomatic
channels.
ARTICLE 15
Working Meetings of Border Representations
1. The border representatives, their deputies and assistants
shall work at working meetings. Single issues may be solved by
way of correspondence between the border representatives or in
another manner if the issues do not need to be addressed at a
working meeting.
2. The working meetings of the border representatives shall
take place as necessary, but not less than twice (2) a year.
3. As a rule, the working meetings of the border
representatives shall take place alternately in the territory of
the state of each Contracting Party. A working meeting shall be
chaired by the border representative of the Contracting Party in
whose state territory the working meeting is taking place.
4. An invitation to a working meeting shall be forwarded ten
(10) days before the beginning thereof at the latest. A reply to
the invitation shall be sent within two (2) working days from the
date of receipt thereof.
5. The border representative of one Contracting Party shall
personally participate in the working meeting organised by the
border representative of the other Contracting Party. If that is
not possible, a deputy border representative shall participate in
the working meeting, of which the border representative of the
other Contracting Party shall be informed at least twenty four
(24) hours before the working meeting.
6. The working meetings of the assistants to the border
representatives shall take place upon the prior agreement of the
border representatives.
7. If necessary, secretaries, interpreters and experts may
also take part in working meetings.
8. The costs of organising a working meeting shall be borne by
the hosting Contracting Party.
ARTICLE 16
Minutes of Working Meetings of Border Representations
1. Every working meeting of the border representatives shall
be recorded in the minutes of the working meeting, drawn up in
the Latvian and Estonian language.
2. The minutes shall describe the course of the working
meeting, the decisions adopted and the terms for the
implementation thereof and, if necessary, any unresolved
dissenting opinions between the border representatives.
3. The decisions adopted shall enter into force after signing
the minutes, unless prescribed otherwise in the minutes.
ARTICLE 17
Cooperation between the Contracting Parties
1. The officials of border representations shall be granted
personal inviolability in the fulfilment of the duties arising
from the Agreement in the territory of the state of the other
Contracting Party; the immunity shall also include the
work-related documents and tools, which they carry and which are
necessary for the fulfilment of the task assigned to them.
2. The Contracting Parties shall carry out necessary
cooperation with the aforementioned persons in the fulfilment of
the obligations assigned to them in the territory of the state of
the other Contracting Party, including providing such persons
with the possibility of using means of communication and the
necessary means of transport.
3. The border representatives, their deputies and assistants
shall carry a work certificate in fulfilling service duties. The
Border Agencies shall exchange samples of work certificates.
ARTICLE 18
Joint Committee
1. For the implementation of the Agreement, the Contracting
Parties shall within six (6) months from the entry into force of
the Agreement establish a Joint Committee which consists of the
representatives of the Contracting Parties. The Joint Committee
shall comprise five (5) representatives from each Contracting
Party, including the border representatives. Each Contracting
Party shall be represented by a chairman or, in the absence of
the chairman, a deputy.
2. The Contracting Parties shall exchange information on the
personal composition of the Joint Committee via diplomatic
channels within six months after the date of entry into force of
the Agreement. The other Contracting Party shall be notified of
any changes in the composition of the Joint Committee immediately
in writing via diplomatic channels.
3. The Joint Committee shall have the right to involve experts
and other personnel in the work of the Joint Committee, if
necessary, as well as establish joint and unilateral working
groups for the fulfilment of tasks within their competence.
4. Each Contracting Party in the Joint Committee shall have
its own seal, the impressions of which the Contracting Parties
shall exchange via diplomatic channels.
ARTICLE 19
Tasks of Joint Committee
1. The Joint Committee shall be tasked with providing an
assessment on the infrastructure of the State Border on the basis
of the re-demarcation documents, joint inspection reports,
inventory entries and other documents prepared in the fulfilment
of the Agreement, and making decisions and proposals on further
activities.
2. The Joint Committee shall:
(a) if necessary, organise and conduct the inventory control
and record the results thereof;
(b) organise the performance of topographic-geodetic,
cartographic and other necessary works in deciding on inventory
control;
(c) adopt decisions and organise works for the installation of
border markers which do not alter the location of the State
Border and draw up the necessary re-demarcation documents;
(d) on the basis of inventory control make proposals for the
specification of the location of the State Border in certain
sections, complying with a strict balance between the exchanged
plots of land;
(e) approve building and reconstruction projects of bridges,
reservoirs, locks, dams and other hydro-technical structures,
engineering-technical and transport infrastructure or any other
activity, if these create preconditions for altering the marking
of the State Border, or for the relocation of border markers;
(f) make proposals for taking measures to ensure the unchanged
condition of and to reinforce the shores of transboundary water
bodies;
(g) make proposals for the specification of the location of
the State Border, if the flow-bed of a river along which the
State Border runs has considerably changed;
(h) consider the possibility and expediency of restoring the
former location of transboundary water bodies upon noting
changing arising from natural conditions in transboundary water
bodies;
(i) within the limits of its competence settle issues related
to the marking of the State Border in the landscape;
(j) develop the templates and drafts of documents necessary
for the activities of the Joint Committee.
3. In approving the construction and reconstruction designs
for objects, the conditions for preserving the flow-bed, level
land flow rate of water shall be observed. If necessary, shore
reinforcement works shall be prescribed.
ARTICLE 20
Inventory Control
1. An Inventory control shall be performed by the Joint
Committee as necessary and upon an agreement between the
Contracting Parties.
2. In order to facilitate the performance of the necessary
preparatory works, the Contracting Parties shall agree on the
commencement of the inventory control in advance via diplomatic
channels.
3. On transboundary water bodies the inventory control shall
be performed in summer, when the water level in rivers and other
water bodies does not exceed the average level.
4. In order to perform the inventory control, the Joint
Committee shall:
(a) analyse re-demarcation documents, the reports of previous
inventory controls, and joint inspection reports as well as other
documents prepared in the fulfilment of the Agreement;
(b) compare the State Border in the landscape and the
designation of the location of border markers with re-demarcation
documents;
(c) on the basis of the updated maps identify the sections of
transboundary water bodies in which intensive changes of the
shoreline are taking place, islands and sandbanks are formed or
other natural and artificial processes are taking place, which
create preconditions for the changing of the location of the
State Border in the landscape.
5. As a result of an inventory control, the Joint Committee
shall prepare a report, stating the non-conformities, which
require fixing. It shall be signed by the members of the Joint
Committee.
6. A report, referred to in paragraph 5 of this Article, shall
be drawn up in the Latvian and Estonian language.
7. The Contracting Parties shall eliminate the deficiencies
recorded in the inventory report and complete the restoration of
markers in as short a time as possible.
8. The works performed in the inventory control and the
preparation of documents shall be distributed on the basis of the
responsibilities of the Contracting Parties as described in
Article 4 of the Agreement.
9. Each Contracting Party shall pay separately for their share
of the works. No question shall be raised with regard to
equalising the cost amounts of the works.
ARTICLE 21
Working Meetings of Joint Committee
1. The Joint Committee shall work in the form of working
meetings which shall be held alternately in the territory of the
state of each Contracting Party as necessary or upon the proposal
of the border representatives, but not less frequently than once
(1) every two years.
2. The work of a working meeting shall be led by the chairman
of the Joint Committee of the Contracting Party in whose state
territory the meeting is taking place.
3. An invitation to a working meeting shall be dispatched
thirty (30) days prior to the commencement thereof at the latest.
A reply to the invitation shall be dispatched within ten (10)
days from the date of receipt thereof.
4. The working meetings shall be recorded in the minutes of
the working meeting, which shall be signed by the chairman of the
meeting.
5. The working minutes shall be drawn up in the Latvian and
Estonian language.
6. The costs of organising a working meeting of the Joint
Committee shall be borne by the hosting Contracting Party.
ARTICLE 22
Settlement of Disputes
Any disputes that have arisen between the Contracting Parties
concerning the interpretation or implementation of the Agreement
shall be settled by negotiations between the Contracting
Parties.
ARTICLE 23
Entry into Force
1. The Agreement is concluded for an indefinite period of
time. Each Contracting Party shall notify the other Contracting
Party through diplomatic channels once the national measures
necessary for the entry into force of this Agreement have been
completed. The Agreement shall enter into force on the ninetieth
(90) day following the date of receipt of the last of
notifications of the Contracting Parties of the completion of the
national procedures necessary for the entry into force of the
Agreement.
2. On the date of entering into force of the Agreement, the
Agreement on the Activities of Border Representatives between the
Government of the Republic of Latvia and the Government of the
Republic of Estonia of 1994, shall be terminated. Until entering
into force of the Agreement, the 1994 Agreement shall remain
applicable.
ARTICLE 24
Amendment, Suspension and Termination of the Agreement
1. The Agreement may be amended with the mutual consent of the
Contracting Parties. Each Contracting Party may propose
amendments to the Agreement at any time. Such amendments shall
enter into force in accordance with paragraph 1 of Article
23.
2. Each Contracting Party may temporarily suspend application
of the Agreement in part or in full on the grounds of the
protection of public security, public order and public health, by
notifying the other Contracting Party in writing via diplomatic
channels. Suspension of the Agreement and the termination of such
suspension shall enter into force on the day following the
receipt of the diplomatic note to that effect.
3. Each Contracting Party may terminate the Agreement by
giving the other Contracting Party six (6) months' prior written
notice via diplomatic channels. The termination shall take effect
on the ninetieth (90) day following the date of receipt of such
notice.
4. Upon the termination of the Agreement, all the rights
acquired under the Agreement shall be preserved and any requests
submitted before the suspension or termination of the Agreement
shall be reviewed.
Done at Riga on 19 February 2020 in two original copies in the
Latvian, Estonian and English languages, each text being equally
authentic. In case of any divergence of interpretation, the
English text shall prevail.
On behalf
of the Government
of the Republic of Latvia
Sandis
Ģirģens
_______________________
|
On behalf
of the Government
of the Republic of Estonia
Mart
Helme
_______________________
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