SERVICE LEVEL AGREEMENT
Between the Government of the Republic of Latvia and the Agency
for Support for the Body of European Regulators for Electronic
Communications
the Government of the Republic of Latvia, hereinafter called
"the Host Member State",
AND
the Agency for Support for the Body of European Regulators for
Electronic Communications, hereinafter called "the
Agency",
hereinafter jointly referred to as "the
Parties",
having regard to the Headquarters Agreement between the Host
Member State and the Agency, signed on 21.12.2020, hereinafter
called "HQ Agreement",
have agreed the following:
Article 1
Objective and scope of the Service Level Agreement
1. The objective of this Service Level Agreement, hereinafter
called "SLA", is to further detail the provisions of
the HQ Agreement and to define the conditions for the
establishment and functioning of a Liaison Office in order to
ensure the continuity in operation and the smooth functioning of
the Agency.
2. For the purposes of the SLA, the Host Member State means
competent institutions of the Host Member State in accordance to
Annex 4 of the SLA.
3. The current SLA, among others, also determines other
specific conditions related to the implementation of the HQ
Agreement and clarifies the specific liabilities and split of
responsibilities between the parties.
4. The provisions of the current SLA remain within the scope
of the HQ Agreement.
5. In the event of contradiction of the provisions of the SLA
with those of the HQ Agreement, the provisions of the HQ
Agreement shall prevail.
Article 2
Definitions
1. For the purpose of this SLA the definitions of Article 1 of
the HQ Agreement shall apply.
Article 3
Responsibilities and Contact points
1. Both Parties commit to implement the SLA in the spirit of
sincere cooperation, transparency and efficiency.
2. Both Parties shall nominate the contact points for
addressing each of the areas of responsibilities, which shall
form an integral part of this SLA. In the event of the nomination
of contact points from more than one entity a lead entity shall
be appointed.
3. The list of contact points with specific responsible person
and contact information (e-mail, telephone number) from each
party shall be up-dated on a regular basis in the event of change
of people or changes in the split of responsibilities within the
respective party via exchange of letters. The new list of contact
points shall be communicated to the other party without delay.
The list of contact points shall be reviewed at least once per
year.
4. Both parties remain responsible for actions or absence of
actions of their respective contact points.
5. Both parties shall ensure that their respective staff
complies with the rules set-out in the HQs Agreement and the
current SLA, in particular on security, confidentiality and data
protection.
Article 4
Liaison Office
1. To facilitate the cooperation between the Parties and to
ensure effective support for the Agency, the Host Member State
shall establish a Liaison Office.
2. The Parties agree that the Liaison Office shall ensure that
the functions set out in the Annex 1 to this SLA are fulfilled
within the framework of this SLA.
3. The competent institution of the Host Member State shall
select and hire, based on Liaison Office's scope of assistance
provided to the Agency, qualified personnel for the period of the
HQ Agreement being in force.
4. The Parties agree that the Liaison Office's staff is
directly subordinated to the competent institution of the Host
Member State, while the Agency shall carry out its day-to-day
management by assigning direct tasks and ensuring control on the
performance of duties of the staff of the Liaison Office.
5. Liaison Office staff are employed by the Ministry of
Transport and not by the Agency. Accordingly, any staff related
matter (career development, planning of leaves etc.) must be
dealt with the employer according to available financial
resources.
6. The Liaison Office's staff shall provide its support and
services at the Agency's premises.
7. The Host Member State shall ensure that Liaison Office's
staff respect security, confidentiality and data protection
requirements and procedures laid down by the Agency.
8. The Agency shall provide the Liaison Office with all
necessary technical equipment, including software, and materials
in order to enable the Liaison Office's staff to fulfil all
obligations laid down in this SLA. The usage of the ICT
infrastructure of the Agency, networks and equipment shall be in
accordance with all applicable policies and ICT security rules in
place.
9. The Agency shall cover all the costs of the Host Member
State related to the operation of the Liaison Office to a maximum
payable amount of EUR 165 000 per year.
10. If Liaison Office staff member is required to have work
travels, the Agency shall send request to the Ministry of
Transport. The Ministry of Transport shall cover all expenses
related to the work travels of the Liaison Office's staff,
considering the provisions of Cabinet Regulation No. 969 of 12
October 2010 "Procedures for Reimbursement of Expenses
Relating to Official Travels", and will invoice the Agency
for expense reimbursement.
11. The Parties agree that, as a general rule, the working
time of the Liaison Office's staff shall be determined in
accordance with the Agency's working calendar. If a Liaison
Office staff member is required to work outside the working hours
specified by the Agency or on national holidays determined in
accordance with the regulatory enactments of the Republic of
Latvia, the Agency shall inform beforehand the Ministry of
Transport and Liaison Office staff member, indicating the
estimated number of working hours. Liaison Office staff member is
granted equivalent compensatory rest day on another day of the
week or is remunerated in accordance with the legal acts of the
Republic of Latvia. Fee for extra working hours, as specified in
the legal acts of the Republic of Latvia, will be included in the
anticipated costs in the margins of budget and reported in the
final balance.
12. Taking into account the specificities of the function of
the Liaison Office staff functionally subject to providing
services to a European Union Agency, the Host Member State is
entitled to apply a different remuneration policy than the one
adopted for internal employees. The Parties shall further agree
on the criteria used for calculating the remuneration and its
related costs.
13. The price as per point 9 hereof shall be fixed and not
subject to revision during the first year of the SLA being in
force. A revision of costs shall be made between 1st
April and 30st June every year.
14. This revision shall be determined by the trend in the
harmonised consumer price index EICP (EU-27) published for the
first time by the Office for Official Publications of the
European Communities in the Eurostat monthly bulletin
available on website https://ec.europa.eu/eurostat
The revision shall be calculated in accordance with the
following formula:
Where:
Pr = revised price;
Po = price in the original SLA;
Io = index for the month in which the SLA is signed
Ir = index for the month preceding the anniversary of the
SLA
15. The new rates, if any, shall take effect on 1st
January of the following year.
16. All annual fees are expressed to cover a full calendar
year. In cases when the services are not rendered for the full
year, the fee shall be calculated "pro rata temporis",
i.e. as from the effective start date up to the end of the year
or from the start of the year to the termination date.
17. The payment of services shall be made on an annual basis.
As a general rule, an advance pre-financing payment corresponding
to up to 100% of the estimated costs due for the Year N shall be
made by the Agency by the end of the first quarter of Year N. The
amount to be paid by the Agency shall be communicated by the Host
Member State via a pre-information, preferably by 31 January.
18. The Agency shall send the approval for the amount stated
in the pre-information to the competent institution of the host
Member State within one month from the receipt date. In case of
no comments after the expiry of that deadline the Member State
shall issue [invoice, debit note, ... ] to the Agency, which
shall pay it within one month from its receipt, provided that the
amount in the [invoice, debit note, ... ] is correct.
19. No later than 31 January of year N+1, the competent
institution of the Host Member State shall inform the Agency of
the final actual costs for the previous year (year N) accompanied
by the supporting documents. In case of difference in the final
costs for Year N as reported, the balance shall be settled with
the subsequent payments for Year N+1.
20. For the year in which the SLA will enter into force the
competent institution of the host Member State shall establish
the pre-information within one month following its entry into
force. The procedure envisaged in point 15 shall apply by
analogy.
21. In case that both parties mutually agree to change the set
of services rendered by the Liaison Office to the Agency, the
pre-information will be established within one month following
the entry into force of the new arrangements. The procedure
envisaged in point 15 shall apply by analogy.
22. All documents related to payments shall be sent to the
Agency to e-mail: invoice@berec.europa.eu
Article 5
Joint procurement procedures with the Host Member State
1. To cover its administrative needs the Agency shall be
authorised to participate in procurement procedures organized by
the contracting authorities of the direct administration of the
Republic of Latvia. The procedure for the inclusion of the Agency
in such procurement procedures is specified in the next
paragraphs of the current Article.
2. Agency shall send at least once a year a forecast of its
administrative needs to the contact point from the competent
institution of the host Member State identified in Annex 4. The
Agency shall also inform the contact point of the catalogues of
goods and services that the Agency would be interested to use
when purchasing goods or services from the Electronic procurement
system e-order subsystem in accordance with paragraph 5
below.
3. To that end, the contact point shall identify possible
cooperation and inform the Agency of the procurement procedures
that are planned by the contracting authorities of the direct
administration of the Republic of Latvia and would cover the
administrative needs of the Agency, as communicated to the
contact point in accordance with paragraph 2 above. The Agency
shall express its interest to participate in a particular
procurement procedure to the contact point, who shall inform the
concerned contracting authority of the direct administration of
the Republic of Latvia. The Agency's interest to participate
in a particular procurement procedure must be expressed to the
concerned contracting authority before the announcement of that
particular procurement procedure.
4. The agreement by both sides will be formalised via an
exchange of letters or the Memorandum of Understanding and/or
Power of Attorney where the contracting authority of the direct
administration of the Republic of Latvia will act as "the
Leading Contracting Authority" and the Agency will act in a
role of "the Participating Contracting Authority". The
Memorandum of Understanding will specify the estimation of the
Agency's needs and will have allocated quota for its use of the
envisaged framework contract.
5. Once the contractual relationships between the contracting
authorities of the direct administration of the Republic of
Latvia and the economic operator(s) are established and if the
Agency is included in the framework agreements as a contracting
authority, the Agency is eligible to purchase goods and services
from the Electronic procurement system e-order subsystem or using
different purchasing method, if envisaged in the framework
contract.
6. Where the share pertaining to or managed by the contracting
authority of the Republic of Latvia in the total estimated value
of the contract is equal to or above 50 %, procedural rules
applicable to the contracting authority of the Republic of Latvia
shall apply to the joint procurement as they are considered as
equivalent to those of the Agency.
Article 6
Temporary Seat of the Agency
1. The premises located at Zigfrīda Annas Meierovica boulevard
No. 14, Riga, Latvia and provided as a Temporary Seat of the
Agency (hereinafter referred to as 'the premises'') shall be in
conformity with the normal standards applicable in the Republic
of Latvia and also should respect the rules of the European
Commission on Policy on buildings and infrastructure laid down in
the Communication from the Commission on Buildings Policy and
Infrastructure in Brussels and the "Manual of Standard
Building Specifications" of the Office for Infrastructure
and Logistics in Brussels, as far it is possible to ensure and
based on the mutual agreement.
2. The monthly lease price for the premises shall be
calculated under provisions of the Republic of Latvia Cabinet of
Ministers Regulations on No. 97 of 20 February 2018
"Regulations for Leasing Public Property". If the
specific regulatory enactment becomes invalid and new regulatory
enactment is adopted in its place, which regulates the same
issues as the repealed regulatory enactment, the new, effective
regulatory enactment shall be applied upon its entry into force.
The price includes:
i. real estate management and up-keep, including:
- cleaning of external surfaces and estate facades,
fronts;
- cleaning of the surfaces in the common/shared areas (daily,
weekly, quarter, yearly), e.g. outside windows, common used
corridors, etc.;
- costs of the public utilities for shared areas and
facilities (for instance lighting, lifts, etc.);
- costs of cleaning the areas of exclusive use for the
Agency;
- clearing away of snow;
- up-keep of the internal passage;
- insect and rodent clearing, if necessary;
- removal of litter (normal amount);
- fire service trainings, emergency evacuation training and
fire security equipment;
ii. operational and management costs, such as maintenance,
repairs, renovation and changes of surface cover, structural
elements, as well as the mechanical and electricity systems of
the building;
iii. security services at the building (technical security)
and garage services;
iv. capital investments (adaption of the premises);
v. costs related to the real estate insurance and the
lessor's liability insurance;
vi. Remuneration to the manager of the maintenance and
management of real estate.
3. The competent institution of the Host Member State shall
provide the Agency with technical expertise and assistance to
solve serious problems arising within the premises during the
term of the lease agreement.
4. Certain services that are not stipulated in the lease
agreement or included in property management plan of the premises
may be provided by a separate agreement or contract for
additional payment according to the issued invoice (including,
but not limited to, the provision of physical security
service).
5. The competent institution of the Host Member State is
responsible for the maintenance, repair and renewal of following
equipment in the premises:
- Fully functional sanitary facilities and plumbing;
- Fully functional heating and air conditioning equipment;
- Fully functioning supply of electrical power with cabling
and sockets throughout the floorspace;
- Cabling and connection points for telephone/IT
systems/networks that are evenly accessible throughout the
floorspace.
Article 7
Exclusive use of parking spaces
1. The competent institutions of the Host Member State shall
provide possible solutions within their remit to assign parking
places close to the premises of the Agency, exclusively reserved
for the use by the Agency and its visitors, similarly as CD
parking places provided to diplomatic missions and international
organisations in the vicinity of their respective premises.
2. The competent institution of the Host Member State shall
provide assistance to ensure that above mentioned parking places
are with proper special marking - vertical and horizontal.
3. Contact points of the responsible authorities of the
Republic of Latvia for these matters are listed in Annex 4.
Article 8
Security
1. The competent institutions of the Host Member State shall
support the Agency in its endeavours to ensure the security of
its headquarters, staff and visitors, assets and information. To
that effect the Agency's responsible for security and the
competent institutions of the Host Member State, as specified in
Annex 3 and Annex 4, will maintain regular relations with a view
to exchanging of important information on the security threats in
the Host Member State, which can affect the Agency and
vice-versa, which will be used for the security risk
assessment.
2. The competent institution of the Host Member State shall
communicate to the Agency all relevant contact points to be
addressed in the event of fire, other disasters, need to restore
the order at the Agency's Headquarters, or other events, which
could constitute a danger for public health and safety. In the
event of emergency, the communication can be by telephone or
other appropriate means, which could ensure the immediate
reaction of the competent authorities of the Republic of Latvia.
The Parties may organize joint drills or tests of the functioning
of the means to address such events.
3. When the building used by the Agency for its headquarters
is not equipped with CCTVs in the common areas, the competent
institution of the Host Member State shall assist the Agency in
installing CCTVs monitoring the entrances and other common areas
of the building, as this may be required by the security rules.
The responsible authorities/persons for ensuring these actions
are listed in Annex 3 and Annex 4.
4. Should the Agency decide to appoint security guards and
bodyguards to protect its premises, staff and visitors, who could
use firearms, the competent institution of the Host Member State
shall provide assistance to the Agency in ensuring compliance
with the Latvian laws and obtaining of the necessary
authorisation. The responsible bodies/persons for ensuring these
actions are listed in Annex 3 and Annex 4.
5. The relevant authorities of the Republic of Latvia and the
Agency shall keep each other informed of all matters that affect
the security of the Agency, its staff, visitors and its premises.
They shall, in particular, nominate and communicate to each other
the names and functions of the persons responsible to establish
and maintain such cooperation.
Article 9
Healthcare
1. The competent institution of the Host Member State shall
ensure that the Agency's statutory staff and seconded national
experts, and their family members residing with them in the
Republic of Latvia, are treated as residents of the Republic of
Latvia in the provision of healthcare services, provided that
they are either covered by the joint sickness and insurance
scheme or they transfer their national health insurance rights to
the Republic of Latvia in compliance with the applicable EU
legislation.
2. The Parties shall facilitate the transfer of the national
health insurance rights of Seconded National Experts and their
family members when they decide to do so. The transfer of rights
shall be organized through exchange of documents via
administrative channels. No physical attendance of a person will
be required to submit the "S1" form in the responsible
authority of the Republic of Latvia.
3. Any issues arising in relation to implementation of the
current Article shall be addressed by the main contact point of
the responsible authority of the competent institution of the
Host Member State for such matters in accordance with Annex
4.
Article 10
Donation of equipment and furniture from the Agency to Latvian
beneficiaries
1. The parties will cooperate when the Agency is willing to
donate equipment and furniture to entities in need in the
Republic of Latvia.
2. To that effect, the Agency shall send to the central
contact point for donations from the Latvian side the list of
items to be donated and the contact details of the Agency's
responsible staff. This contact point shall provide assistance in
the preparation and running of the donation procedure, which
shall have the authorities to take the decisions needed to bring
the procedure to a successful end.
Article 11
Transitional provisions for ensuring staff rights before the full
implementation of HQ Agreement
1. The competent institution of the Host Member state shall
provide full institutional support for the statutory staff and
seconded national experts of the Agency as well as to family
members forming part of the household to ensure:
i. Access to kindergartens in the Republic of Latvia under the
conditions offered to residents;
ii. Access to schools in the Republic of Latvia under the
conditions offered to residents;
iii. Access to public utility, bank and financial services
under the conditions equal to the residents of the Republic of
Latvia.
2. Where and if needed, the competent institution of the Host
Member State shall ensure transfer of the data about the declared
place of residence in the Republic of Latvia by the statutory
staff and seconded national experts of the Agency and their
family members residing with them in the Republic of Latvia to
the Host Member State the relevant authorities/population
registers.
3. The responsible contact persons for ensuring the processes
mentioned in the current Article from the Agency and the
competent institution of the Host Member State are listed in
Annex 3 and 4.
Article 12
European schooling
1. The parties will cooperate in finding jointly the best
possible solution for schooling for the children of the staff of
the Agency, which shall be suited to their individual needs and
offer the possibility of recognised diplomas in all EU Member
States.
2. The host Member State undertakes to facilitate access to
the education system and contribute to the schooling costs of the
children of the staff of the Agency within the limits of the
budget available, until the accredited European school is
established and is covering all sections and classes needed for
the children of the Agency's staff. The contribution to the
schooling costs shall be provided in accordance with the
procedure laid down in the Annex 2 to this Agreement.
3. Not later than 10 days after the approval of the State
Budget by the Parliament, the Ministry of Education and Science
of the Republic of Latvia shall inform the Agency of the
financial resources made available for contributing to the
schooling of the children of the staff of the Agency for the next
financial year, specified in point 2.
4. The Host Member State aims to establish an accredited
European School in Latvia. To that effect the Ministry of
Education and Science of the Republic of Latvia shall within one
year after adoption of the relevant national legislative acts and
the approval paragraphs of the necessary State Budget, submit to
the Secretary-General of the European School a General Interest
File for the establishment of an accredited European School in
the Republic of Latvia. The further actions related to the
establishment of the accredited European School in Latvia will be
undertaken in conformity with the Regulations on Accredited
European Schools and Laws and Regulations of the Republic of
Latvia. The host Member State will keep the Agency regularly
informed of the progress thereto.
5. The Host Member State shall facilitate access to the
day-care facilities, early childhood education and care for the
children of the staff of the Agency until they reach the age at
which they can be enrolled in the nursery class at the Accredited
European School. To ensure this, the Ministry of Education and
Science in cooperation with other involved institutions are
aiming to find solutions in a case-by-case basis.
Article 13
Procedural and practical arrangements for VAT exemption and car
registration for staff
1. Procedural and practical arrangements in relation to the
exemption from paying VAT granted to eligible statutory staff
other than the director, as well as to seconded national experts,
shall be governed by the relevant specific Cabinet
Regulation.
2. The State Protocol of the Ministry of Foreign Affairs of
the Host Member State shall provide support as regards procedural
and practical arrangements on registration and deregistration of
motor vehicles with special number plates in accordance with the
terms of HQ Agreement and the usual practice for staff with
immunity. Family members of the statutory staff of the Agency
other than the Director and nationals or permanent residents of
the Republic of Latvia at the time of taking up the duties shall
not be eligible to register vehicle under special plate
series.
Article 14
Force majeure
1. If one of the Parties is confronted with a case of 'force
majeure', the Party shall inform the other side in writing
without delay, clarifying the exact nature, the probable duration
and the expected impact on the execution of this SLA.
2. If the other Party cannot agree on the qualification of
'force majeure', the issue will be settled in accordance with
Article 17.
3. None of the Parties shall be considered to have failed in,
or infringed, their obligations if they were not executed due to
a case of 'force majeure'. The Parties take all necessary
measures to reduce maximally any possible damages linked to the
non-execution of this SLA.
Article 15
Data protection
1. Data protection shall be addressed in accordance with the
procedures laid down in Article 22 of the HQ Agreement.
Article 16
Confidentiality
1. The Parties shall treat with confidentiality any
information, documents and data used or produced as part of the
provided services and identified as confidential. Both Parties
undertake not to disclose any information to third parties
without the prior consent of the other Party and to use the
information solely for fulfilling the obligations covered by this
SLA.
2. The confidentiality obligations set out in the current
Article are binding to the Parties during the implementation of
this SLA and for as long as the information or documents keep a
confidential character unless:
i. the disclosing Party agrees to release the other party from
the confidentiality obligation earlier;
ii. the confidential information or documents become public
through other means than in breach of the confidentiality
obligation;
iii. the applicable law requires the disclosure of the
confidential information or documents.
Article 17
Entry into force, transitional provisions, implementation and
termination
1. The SLA shall enter into force on the date of the signature
by the last Party. The SLA will be valid for a period of HQ
Agreement being in force.
2. Within a month after this SLA enters into force, the Agency
shall pay to the Ministry of Transport for Liaison Office's staff
services in proportion to the remaining period of the current
year.
3. Any amendment of this SLA shall require mutual agreement
and shall take form of a written amendment.
4. Any dispute with regard to the interpretation or
application of this SLA shall be resolved through negotiations.
Disputes not resolved in this way shall be addressed in
accordance with the procedures laid down in Article 23 of the HQ
Agreement.
5. When the SLA comes to an end due to the
amendment/termination of HQ Agreement the Parties will agree on
the modalities for winding-up of services and settlement of final
compensation due.
6. The SLA is signed in two identical copies in Latvian and in
English languages, one version of each language version for each
party. In the case of different interpretation, the English text
shall prevail.
Signatures of
authorised representatives
For the Government of the Republic of Latvia
Tālis Linkaits Minister of Transport of the
Republic of Latvia
Place: Riga date: 09.06.2022.
|
For the Agency for Support for the Body of
European Regulators for Electronic Communications
László Ignéczi Director of the Agency
Place: Brussels, date: 16.06.2022.
|
Annex 1
The Functions of
the Liaison Office
1. Information sessions:
- Regular information sessions to newcomers to the Agency,
oriented to facilitating the establishment in the host Member
State and taking up the duties in Riga;
- Ad-hoc information sessions on relevant topics upon request,
which should have the objective to facilitate the life of staff
members and/or their family members in Latvia.
2. Provide assistance to the Agency's staff and/or experts in
preparing mandatory documents to be issued in line with the HQ
Agreement, for example, requests for special identification cards
(applications for new ID cards or renewal of old ID cards),
protocol list, requests for visas for the Agency staff and
persons invited to BEREC/BEREC Office events, and other as
required.
3. Assist the Agency's staff, members of their family forming
part of their household and trainees upon settlement and during
their stay in the Republic of Latvia, for example, assistance
with housing matters, car registrations, registration at OCMA (if
needed), applications for allowances provided by the local
authorities (for example, child/family allowances, (pre-)school
allowances) where applicable, other administrative matters with
Latvian authorities, ensuring access to medical care, opening
bank accounts, concluding phone/internet/other service
contracts.
4. Provide support and advice to the Agency and its staff, as
well as members of their family forming part of their household
in the following areas upon request:
- Accommodation and residence in the Republic of Latvia for
the Agency's staff and members of their family forming part of
their household;
- Providing information to the Agency on facilitated access to
the labour market, day care facilities, schools and universities
and insurance upon request of the Agency.
5. Support with (international) schooling, for example,
internal approval procedure and enrolment at such schools,
liaising between schools/kindergartens and the Agency staff
affected, provide contact point between Accredited European
School when it is established and the Agency; assistance to the
staff for enrolment of children in local schools/kindergartens,
if the staff members decide to do so.
6. Distribute information from the Latvian authorities that
directly affects the performance of duties and Agency's functions
to the Agency's staff, for example, information regarding
municipal elections, relevant changes in legislation that might
affect staff/trainees living in Republic of Latvia, changes in
legislation, which may affect the staff, etc.
7. Maintain relations with partners, service and commodity
suppliers for ensuring normal functioning of the Agency.
8. Provide necessary support to facilitate the value added tax
(hereinafter - VAT) reimbursement process for the Agency's staff
in accordance with the HQ Agreement and the Latvian legislation
(when and if applicable).
9. Provide necessary support to facilitate the procurement
procedures in the Republic of Latvia, including participation in
a joint procurement with Latvian government institutions or use
of Latvian e-procurement system and others.
10. In case of any interruption or threatened interruption of
any public utility services, such as: electricity, water,
sewerage, gas, post, telephone, data transmission lines,
telegraph, local transport, drainage, refuse collection and fire
protection, coordinate mitigation measures.
11. Support raising visibility and
ensuring/pursuing/sustaining public communication of the
Agency.
12. Participate in the organisation of events related to the
presentation of the work of the Agency.
13. Coordinate cooperation between the Agency and the Latvian
competent bodies for security related activities.
14. Organize meetings with Latvian authorities as needed,
incl. drafting documents related to the meetings.
15. If necessary, cooperate with state and local government
institutions, as well as natural and legal persons to assist with
representation of interests of the Agency and members of their
family forming part of their household.
16. Coordinate cooperation with the representations of EU
institutions, bodies of the EU and international organizations in
the Host Member State in order to identify the possible synergies
in the activities or solve issues of common nature.
17. Ensure keeping of records and circulation of documents and
provide clerical and administrative support to the Agency's
entities.
18. Prepare replies and/or transmit documents for enforcement
by jurisdiction.
19. Attend mandatory Agency's events and trainings, for
example, staff meetings, mandatory trainings, off-site events on
the expenses of the Agency.
20. Support to the entities of the Agency, incl. for
organisation of events in support to the BEREC, ordering the
necessary services and supplies, etc.
Annex 2
Procedure for
the contribution to the schooling costs paid by the Agency in the
Republic of Latvia for the children of its staff until the
accredited European school is established and is covering all
sections and classes needed for the children of the Agency's
staff
1. The Agency shall submit to the Ministry of Education and
Science twice a year an application for the provision of
contribution to the schooling costs (hereinafter - application)
of the children of the Agency's staff1 (hereinafter -
child):
1.1. by 31 January for the period from January to July;
1.2. by 15 September for the period from August to
December.
2. Schooling costs are co-financed up to EUR 8 000 per year or
up to EUR 667 per month per child enrolled in the International
School of Latvia or the education institutions operating
according to the International School Law2 in regular
full-time attendance at a primary or secondary level from the age
of five. By the end of January each year, the Ministry of
Education and Science provides the Agency with information on
schools complying with the International School
Law3.
3. The application shall contain the following
information:
3.1. the name and surname of the child;
3.2. the educational establishment where the child is
enrolled;
3.3. the total amount of the schooling costs, including
tuition fees, capital payment or membership fees and examination
fees;
3.4. the amount of contribution planned to be paid for each
child, broken down by month for the relevant period, and the
total amount;
3.5. the bank account number of the Agency to which the
contribution is to be transferred;
3.6. the name, surname, e-mail address and telephone number of
the contact person from the Agency;
3.7. any other information deemed relevant by the Agency.
4. The application must be accompanied by a statement issued
by the educational establishment, stating the amount of schooling
costs.
5. The Ministry of Education and Science shall evaluate the
application within one month of its receipt and take a decision.
Where a decision has been taken to pay the contribution, the
Ministry of Education and Science shall transfer the contribution
to the bank account number specified in paragraph 3.5 within two
weeks of the decision. Refusal to pay the full or part of the
amount shall be communicated in writing with proper
justification. The Agency shall be provided with the opportunity
to provide additional documents or information concerning the
rejected claims within a period of two weeks.
6. The Agency shall submit to the Ministry of Education and
Science twice a year, by 31 January and 15 September, a report on
the use of state budget funds during the previous reporting
period (hereinafter - the report), providing the following
information:
6.1. the name and surname of the child;
6.2. the state budget funding actually allocated and used
during the previous reporting period;
6.3. the document certifying the payment of schooling
costs.
7. Within one month, the Ministry of Education and Science
shall examine the report referred to in paragraph 6 and the
documents attached thereto and take a decision on the unused
funding. After the Ministry of Education and Science has taken
the decision on the total amount of unused funding, the Ministry
of Education and Science shall transfer to Agency the
contribution to the schooling costs for the next period reduced
by the amount of the unused contributed for the previous
period.
8. If there is insufficient information to assess the
information provided in the applications referred to in paragraph
3 or in the reports referred to in paragraph 6, the Agency shall,
within 20 working days of receiving a request from the Ministry
of Education and Science, submit to the Ministry of Education and
Science the necessary additional information.
9. By 1 June of each year, the Agency shall submit to the
Ministry of Education and Science information on the number of
children of the Agency staff planning to continue or start their
education in the following calendar year in the International
School of Latvia and the education institutions operating
according to the International School Law.
1 dependent children in the sense of Article 2
(2) of Annex VII of the Staff Regulation
2
https://likumi.lv/ta/en/en/id/315996-international-school-law
3 At the moment of signing the Service Level
Agreement, the following schools are compliant with the
International School Law: Riga International School; Riga
German School; Ecole Francaise Jules Verne in Riga; Exupery
International School; King's College Latvia, ISMA Secondary
School "PREMJERS".
Annex 3
Main contact
points of the Agency
No
|
Area of
cooperation
|
Provision
of HQs Agreement
|
Provision
of SLA
|
Contact
point
|
e-mail
|
1.
|
Full institutional support to the Agency
|
Article 3 (1)
|
-
|
Director
|
berecoffice@berec.europa.eu
|
2.
|
Joint procurement
|
Article 3 (2)
|
Article 5
|
Team Leader Finance and Procurement
|
procurement@berec.europa.eu
|
3.
|
Immunity, Inviolability and Communications
|
Article 4
|
N/A
|
Local Security Officer
|
ict-services@berec.europa.eu
|
4.
|
Exemption from taxes
|
Article 5
|
-
|
Finance and Accounting Assistant
|
invoice@berec.europa.eu
|
5.
|
Customs duties, imports and exports
|
Article 6
|
-
|
Finance and Accounting Assistant
|
invoice@berec.europa.eu
|
6.
|
Diplomatic bags
|
Article 7
|
-
|
Facilities Assistant
|
ict-logistics@berec.europa.eu
|
7.
|
Vehicles of the Agency
|
Article 8
|
-
|
Facilities Assistant
|
ict-logistics@berec.europa.eu
|
8.
|
Entry and stay
|
Article 9
|
-
|
Resources Team Leader
|
personnel@berec.europa.eu
|
9.
|
Seat of the Agency: single point of contact
|
Article 10
|
-
|
Head of Administration and Finance
|
personnel@berec.europa.eu
|
10.
|
i. provision related to premises and facility
management
|
Article 10
paras (1 - 6)
|
-
|
Facilities Assistant
|
ict-logistics@berec.europa.eu
|
11.
|
ii. provision related to telecommunication and other
associated facilities
|
Article 10
paras (7 - 8)
|
-
|
ICT Team Leader
|
ict-services@berec.europa.eu
|
12.
|
iii. provision related to use of codes
|
Article 10
para (9)
|
-
|
Local Security Officer
|
ict-services@berec.europa.eu
|
13.
|
Security of the Agency
|
Article 11
|
Article 8
|
Local Security Officer
|
ict-services@berec.europa.eu
|
14.
|
Officials and other agents of the Agency
|
Article 12
|
-
|
Resources Team Leader
|
personnel@berec.europa.eu
|
15.
|
Seconded national experts
|
Article 13
|
-
|
Resources Team Leader
|
personnel@berec.europa.eu
|
16.
|
Employment
|
Article 14
|
-
|
Resources Team Leader
|
personnel@berec.europa.eu
|
17.
|
Management Board
|
Article 15
|
-
|
Boards' Support Team Leader
|
berecoffice@berec.europa.eu
|
18.
|
Notification of appointments, identity cards
|
Article 16
|
-
|
Resources Team Leader
|
personnel@berec.europa.eu
|
19.
|
Social Security
|
Article 17
|
-
|
Resources Team Leader
|
personnel@berec.europa.eu
|
20.
|
Waiver of immunities
|
Article 18
|
-
|
Legal Officer
|
personnel@berec.europa.eu
|
21.
|
Liaison Office
|
Article 19
|
Article 4;
Annex 1
|
Administrative Coordination Assistant
|
ict-logistics@berec.europa.eu
|
22.
|
Communication and visibility
|
Article 20
|
-
|
Communication Team Leader
|
communications@berec.europa.eu
|
23.
|
European Schooling
|
Article 21
|
Article 12
|
Resources Team Leader
|
personnel@ berec.europa.eu
|
24.
|
Data protection
|
Article 22
|
Article 14
|
Data Protection Officer
|
DPO@berec.europa.eu
|
25.
|
Resolutions of disputes
|
Article 23
|
Article 17
para (4)
|
Legal Officer
|
berecoffice@berec.europa.eu
|
26.
|
Interpretation of the Agreement
|
Article 24
|
Article 17
para (6)
|
Legal Officer
|
berecoffice@berec.europa.eu
|
27.
|
Entering into force and implementation
|
Article 25
|
Article 17
para (1)
|
Legal Officer
|
berecoffice@berec.europa.eu
|
28.
|
Donation of equipment and furniture from the Agency to
Latvian beneficiaries
|
N/A
|
Article 10
|
Administrative Coordination Assistant
|
ict-logistics@berec.europa.eu
|
Annex 4
Main contact
points of the competent institution of the Host Member State
No
|
Area of
cooperation
|
Provision
of HQs Agreement
|
Provision
of SLA
|
Contact
point
|
1.
|
Full institutional support to the Agency
|
Article 3 (1)
|
-
|
Ministry of Transport
|
2.
|
Joint procurement
|
Article 3 (2)
|
Article 5
|
Ministry of Transport
Ministry of Finance
The State Regional Development Agency
|
3.
|
Immunity, Inviolability and Communications
|
Article 4
|
N/A
|
Ministry of Transport Ministry of Foreign Affairs
|
4.
|
Exemption from taxes
|
Article 5
|
-
|
State Revenue Service (points 1-4)
vid@vid.gov.lv, t. 67120000
|
5.
|
Customs duties, imports and exports
|
Article 6
|
-
|
State Revenue Service (all points)
vid@vid.gov.lv, t. 67120000
|
6.
|
Diplomatic bags
|
Article 7
|
-
|
Ministry of Foreign Affairs
|
7.
|
Vehicles of the Agency
|
Article 8
|
-
|
Ministry of Foreign Affairs
Ministry of Transport
State Revenue Service (point 1 and 3)
vid@vid.gov.lv, t. +371 67120000
|
8.
|
Entry and stay
|
Article 9
|
-
|
Ministry of Foreign Affairs
|
9.
|
Seat of the Agency: single point of contact
|
Article 10
|
-
|
SJSC State Real Estate (as long as the Agency is located
at Zigfrīda Annas Meierovica boulevard No. 14, Riga,
Latvia)
|
10.
|
i. provision related to premises and facility
management
|
Article 10, paras 1-6 incl.
|
Article 6
|
SJSC State Real Estate (as long as the Agency is located
at Zigfrīda Annas Meierovica boulevard No. 14, Riga,
Latvia)
|
11.
|
ii. provision related to telecommunication and other
associated facilities
|
Article 10 (7) & (8)
|
-
|
SJSC State Real Estate (as long as the Agency is located
at Zigfrīda Annas Meierovica boulevard No. 14, Riga,
Latvia), Ministry of Transport
|
12.
|
iii. provision related to use of codes
|
Article 10 (9)
|
-
|
Ministry of Transport
|
13.
|
Security of the Agency
|
Article 11
|
Article 8
|
Ministry of the Interior Ministry of Foreign Affairs
|
14.
|
Officials and other agents of the Agency
|
Article 12
|
-
|
Ministry of Welfare
State Revenue Service (point 1 (ii, v, vi), 2 and 6)
vid@vid.gov.lv, t. +371 67120000
Ministry of Transport
|
15.
|
Seconded national experts
|
Article 13
|
-
|
Ministry of Welfare
State Revenue Service (point 1 and 7)
vid@vid.gov.lv, t. +371 67120000
Ministry of Transport
|
16.
|
Employment
|
Article 14
|
-
|
Ministry of Welfare
|
17.
|
Management Board
|
Article 15
|
-
|
Ministry of Welfare
State Revenue Service vid@vid.gov.lv, t. +371
67120000
|
18.
|
Notification of appointments, identity cards
|
Article 16
|
-
|
Ministry of Foreign Affairs
|
19.
|
Social Security
|
Article 17
|
-
|
Ministry of Welfare Ministry of Health
|
20.
|
Waiver of immunities
|
Article 18
|
-
|
Ministry of Foreign Affairs
|
21.
|
Liaison Office
|
Article 19
|
Article 4;
Annex 1
|
Ministry of Transport
|
22.
|
Communication and visibility
|
Article 20
|
-
|
Ministry of Transport
|
23.
|
European Schooling
|
Article 21
|
Article 12
|
Ministry of Education and Science
|
24.
|
Data protection
|
Article 22
|
Article 14
|
Ministry of Transport
|
25.
|
Resolutions of disputes
|
Article 23
|
Article 17
para (4)
|
Ministry of Transport
|
26.
|
Interpretation of the Agreement
|
Article 24
|
Article 17
para (6)
|
Ministry of Transport
|
27.
|
Entering into force and implementation
|
Article 25
|
Article 17
para (1)
|
Ministry of Transport
|
28.
|
Donation of equipment and furniture from the Agency to
Latvian beneficiaries
|
N/A
|
Article 10
|
Ministry of Transport
|