Agreement between the government of the Republic of Latvia and the government of the Hellenic Republic on maritime transport

The Government of the Republic of Latvia and the Government of the Hellenic Republic hereinafter referred to as the two Contracting Parties,

Desirous of strengthening the friendly relations between the two countries, by developing their cooperation in the field of merchant shipping and with a view to contributing to the development of international shipping on the basis of the principles of the freedom of merchant navigation,

Bearing in mind the principles laid down in international law and particularly in International Shipping Conventions to which both Contracting Parties are members,

Have agreed as follows:

 

Article 1

Definitions

For the purpose of this Agreement:

1. The term "vessel of the Contracting Party" means any vessel registered in the Ship Register of this Contracting Party and flying its flag. This term shall not, however, include:

a) warships and auxiliary ships of the Navy;

b) vessels, which are performing exclusively administrative or state functions;

c) scientific research vessels;

d) fishing vessels.

2. The term "crew member" means the master and any person actually employed on board a vessel on duties and services connected with the running of the vessel and included in the crew list.

3. The term "competent authorities" means as regards the Republic of Latvia the Ministry of Transport or the person or institution authorised by it, as regards the Hellenic Republic - the Ministry of Merchant Marine. In case of any changes concerning the names or functions of the competent authorities, the Contracting Parties shall make the necessary notifications through diplomatic channels.

4. The term "cabotage" means transport of goods and passengers between the ports of one of the Contracting Parties. The term "cabotage" includes any transport of goods which although accompanied by a through bill of lading and no matter what their origin or destination is, are transhipped directly or indirectly at the ports of either of the Contracting Parties in order to be carried to another port of the same Contracting Party. The same provisions apply in the case of the passengers even if they carry through tickets.

5. The term "international maritime transport" means any transport by a vessel, except when the vessel is operated solely between places situated in the territory of a Contracting Party.

 

Article 2

Scope of the Agreement

1. The present Agreement shall apply on the territory of each of the Contracting Parties including their territorial waters.

2. The provisions of the present Agreement apply to the international maritime transport between the Contracting Parties.

3. However , the provisions of the present Agreement shall not apply:

a) to ports not open for foreign vessels;

b) to activities reserved by the national legislation of each of the Contracting Parties for their own national flag vessels or enterprises and organisations, including in particular cabotage, sea fishing, pilotage, towage, salvage and maritime assistance;

c) to entry and stay of foreigners;

d) to immigration and the transportation of immigrants.

 

Article 3

Objective

The Contracting Parties shall develop their cooperation in the field of merchant shipping and promote participation of their vessels in sea trade between their ports on the basis of equal rights, mutual benefit and the principles of the freedom of the merchant navigation, and shall refrain from any action that could affect the development of international shipping based on the above mentioned principles. The principle of non discrimination will apply to the commercial activities of nationals or legal entities operating ships under the flag of one Contracting Party in the territory of the other Contracting Party.

 

Article 4

Cooperation

1. The Contracting Parties, within the limits of the respective national legislation, shall continue their efforts to maintain and develop an effective relationship between the competent authorities in their countries.

2. The Contracting Parties agree to provide one another, within the limits of their ability, with technical assistance for the development of maritime transport. For this purpose the Contracting Parties will promote and encourage development of contacts and cooperation between their shipping and related enterprises and organisations.

 

Article 5

Principles of shipping

1. The Contracting Parties agree to follow in international maritime transport the principles of free and fair competition and in particular:

a) to cooperate in the elimination of obstacles which might hamper the development of sea trade between the ports of their countries;

b) to support measures which would ensure the participation of their vessels in the sea trade between the ports of the Contracting Parties and the ports of third countries on a free and commercially competitive basis and to abstain from measures and practices preventing such participation;

c) to ensure that their vessels shall be free to provide international sea services in accordance with the national legislation of the Contracting Parties;

d) to abolish any unilateral restrictions in respect of the international maritime transport of goods and passengers which are reserved in whole or in part for the vessels of the Contracting Parties;

e) to abolish any cargo sharing arrangements, in case that such arrangements are included in the existing bilateral arrangements of the Contracting Parties.

2. The provisions of paragraph 1 of this Article shall not affect the right of vessels of third countries to participate in the sea trade between the ports of the Contracting Parties.

3. The provisions of this Article shall not prevent the Contracting Parties to take the appropriate steps for ensuring the free participation of their merchant fleets in international trades on a commercially competitive basis in accordance with international law.

 

Article 6

National treatment

1. Each Contracting Party shall grant to the vessels of the other Contracting Party the same treatment as it grants to its own vessels engaged in international voyages in respect of:

a) free access to ports, allocation of berth and full use of port facilities;

b) loading and unloading cargoes, transhipment, embarking and disembarking of passengers and exercising other normal commercial operations;

c) payment of any dues and charges;

d) use of services intended for navigation.

2. The provisions of paragraph 1 of this Article shall not oblige either Contracting Party to extend to vessels of the other Contracting Party exemption from compulsory pilotage requirements granted to its own vessels.

 

Article 7

Most Favoured Nation treatment

1. Subject to any Article of this Agreement otherwise providing, the Contracting Parties shall grant each other a treatment same to that of the most favoured nation in all other matters related to shipping.

2. The provisions of paragraph 1 of this Article shall not apply to advantages resulting from the participation of each Contracting Party to an Economic Community of any kind.

 

Article 8

Payment of port dues

The vessels of each of the Contracting Parties when calling at a port of the other Contracting Party for discharging part of their cargo, may, after complying with the laws and regulations of this country, keep aboard the part of cargo which is destined for another port, either in the same or another country, or transfer it to another vessel without payment of any extra dues, apart from those levied in similar cases, by the other Contracting Party on its vessels. In the same way, vessels of each of the Contracting Parties may call at one or more ports of the other Contracting Party for loading all or part of their cargo destined for foreign ports, without payment of dues other than those levied in similar cases by the other Contracting Party on its vessels.

 

Article 9

Facilitation of maritime traffic

The Contracting Parties shall adopt, within the limits of their legislation and port regulations, as well as of their obligations under international law, all necessary measures to facilitate and expedite maritime traffic, to prevent unnecessary delays to vessels, and to expedite and simplify, as much as possible, the carrying out of customs, sanitary, port formalities and other formalities applicable in ports.

 

Article 10

Ship's documents

1. The documents certifying the nationality of vessels, the certificates of tonnage and the other ship's documents and certificates issued or recognized by the competent authorities of the one Contracting Party shall be recognized by the competent authorities of the other Contracting Party.

2. Apart from a compulsory sale resulting from a decision of the courts the vessels of either Contracting Parties cannot be registered in the Ship Register of the other Contracting Party without presentation of a certificate, issued by the competent authorities of the Contracting Party from which the vessels originate, stating that the vessels have been deleted from the Ship Register of this Contracting Party.

3. The vessels of each of the Contracting Parties shall not be subject to re-measurement in the ports of the other Contracting Party and the tonnage noted in certificate of tonnage of the vessels shall be taken as the basis for the calculation of port dues of any kind or name, on the condition that the above mentioned documents have been issued in accordance with the International Convention on tonnage measurement (1969). The Tonnage Certificate of vessels below 24 meters issued in accordance with national legislation will be mutually recognized.

4. Especially for environment friendly oil tankers with segregated ballast tanks (SBT) or double hulls, the port's and pilotage fees shall be reduced:

a) by deducting the capacity of the SBT or double hull spaces as specified in the relevant ship's documents and certificates from the total gross tonnage of the vessel, in accordance with IMO Resolution [A 747(18)], and

b) by making a discount in proportion to the percentage which the capacity of the SBT or double hull spaces represents in the total gross tonnage of the vessel.

 

Article 11

Recognition of identity documents

1. Each of the two Contracting Parties shall recognize the identity documents issued by the competent authorities of the other Contracting Party and grant to the persons who possess these identity documents the rights mentioned in Articles 12 and 13 of the present Agreement, on the conditions specified in them. These identity documents are:

a) for crew members who are nationals and residents of the Republic of Latvia:

"Seaman's Discharge Book";

b) for crew members who are nationals of the Hellenic Republic:

"Greek Seaman's Book" or the Greek Passport.

2. The provisions of Articles 12 and 13 of the present Agreement shall apply correspondingly to any person who is not a national of either of the Contracting Parties but possesses an identity document in conformity with the provisions of the Convention on Facilitation of International Maritime Traffic (1965), and the Annex thereto, or which has been issued in accordance with Convention No 108 of the International Labour Organization (1958), concerning seafarer's national identity documents.

 

Article 12

Seamen's right to shore leave

1. Crew members of the vessel of one Contracting Party holding the identity documents specified in Article 11 of the present Agreement, are permitted to stay for temporary shore leave without visas during the stay of the vessel in the ports of the other Contracting Party, provided that the master has submitted a crew list to the relevant authorities in accordance with the regulations in force in that port.

2. While landing and returning to the vessel the persons mentioned above are subject to frontier and customs control in force in that port.

 

Article 13

Seamen's other rights

1. Holders of the identity documents specified in Article 11 of the present Agreement are permitted to enter or leave the territory of the other Contracting Party as passengers by any means of transportation for the purpose of joining their vessel or transferring to another vessel, passing in transit to join their vessel in another country or for repatriation or for any other purpose approved by the relevant authorities of this other Contracting Party.

2. In all the cases specified in paragraph 1 of this Article the crew members must have corresponding permission or visa of the other Contracting Party which shall be granted by the relevant authorities within the shortest possible time.

3. If a stay of a crew member in the territory of the other Contracting Party should be prolonged due to the accident, illness or any other matter recognized by the relevant authorities as lawful, the relevant authorities shall prolong such stay upon the submission of written evidence for the period of time thereby requested.

 

Article 14

Right to deny entry

1. Without prejudice to the generality of the Articles 12 and 13 of the present Agreement, the national legislation of either Contracting Party concerning the entry, the stay and the termination of the stay of foreigners, is applicable.

2. Each Contracting Party reserves the right to deny entry to and/or stay in its territory to crew members whom considers undesirable.

 

Article 15

Conditions of employment

1. Shipowners of each of the Contracting Parties may employ on board their vessels flying the flag of the Contracting Parties, seafarers, nationals of the other Contracting Party, in accordance with the national legislation of the Contracting Party whose flag the vessel is flying.

2. When vessels, flying the flag of a Contracting Party are calling at the ports of the other Contracting Party, or are sailing into the territorial or the internal waters of such other Contracting Party, the relevant authorities of this Contracting Party should facilitate seamen employed on board these vessels in their replacement as well as in their repatriation.

3. In case of any disputes stemming out of the contract of employment, the applicable legislation and the exercised jurisdiction, will be the ones of the Contracting Party whose flag the vessel is flying.

 

Article 16

Assistance in case of accidents

1. If a vessel of one Contracting Party suffers shipwreck, runs aground, is cast ashore or suffers any other accident off the coast of the other Contracting Party, the vessel, its crew, passengers and cargo shall be granted, at any time, help, assistance and treatment to the same extent as in case of a national vessel. The Contracting Party shall notify without delay the competent authority of the other Contracting Party on the incident.

2. The cargo and articles unloaded or saved from the vessel specified in paragraph 1 of this Article, provided they are not delivered for use or consumption in the territory of the other Contracting Party, shall not be liable to any customs duties.

 

Article 17

Jurisdiction

1. In case of an offence committed on board a vessel flying the flag of one Contracting Party while the vessel is within the internal waters and the territorial sea of the other Contracting Party, the authorities of the latter Contracting Party shall not proceed to any prosecution without the consent of the competent diplomatic or consular officials of the first mentioned Contracting Party unless:

a) the consequences of the crime extend to the territory of the other Contracting Party, or

b) the crime is of a kind to disturb the peace or the public order and security of the other Contracting Party, or

c) the prosecution is necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances, or

d) the master of the vessel has asked for the prosecution of the perpetrator.

2. In the case of paragraph 1 of this Article a prior notification shall be given to the competent diplomatic or consular officials of the Contracting Party whose flag the vessel is flying, before any action is taken by the authority of the coastal state. In case of emergency, the above mentioned notification may be exercised at the same time when the said measures are taken.

3. The provisions of paragraph 1 of this Article shall not affect the right of the authorities of the Contracting Parties to exercise any inspection or any investigation, according to their national legislation.

4. In exercising their penal, civil and disciplinary jurisdiction, each Contracting Party shall take all necessary measures to avoid the detention of the vessels of the other Contracting Party. If such detention is absolutely necessary, the Contracting Parties shall limit the detention to the minimum or they may permit the sail of the vessel on the submission of a guarantee.

 

Article 18

International Treaties

The provisions of this Agreement do not affect the rights and obligations of the Contracting Parties arising from international conventions and agreements in force, related to maritime matters.

 

Article 19

Settlement of disputes

Any differences or problems concerning the interpretation or implementation of this Agreement shall be settled by direct negotiations between the competent authorities of the Contracting Parties. In case no agreement is reached the differences or problems shall be settled through diplomatic channels.

 

Article 20

Entry into force and validity

1. The present Agreement shall enter into force on the thirtieth (30) day after the receipt of the latter notification, through diplomatic channels, stating that all necessary constitutional procedures have been fulfilled.

2. The present Agreement shall be in force for an indefinite period of time, but either Contracting Parties may denounce it by submitting a written notification to the other Contracting Party through diplomatic channels. The denunciation of the present Agreement shall take effect twelve (12) months after the date of the receipt of such notification by the other Contracting Party.

 

Article 21

Amendments

Any amendment to the present Agreement shall be agreed upon in writing between the Contracting Parties and shall enter into force following the same procedure as described in Article 20 of the present Agreement.

IN WITNESS THEREOF the undersigned, being duly authorised by their respective Governments, have signed the present Agreement.

The present Agreement is made in duplicate, each in the Latvian, Greek and English languages. In the case of any disagreement of interpretation, the English text shall prevail.

DONE at ATHENS, on this date of 27 of March 2002.

For the government of the Republic of Latvia: Aigars Kalvītis Minister of Economics

For the government of the Hellenic Republic: Georgios Floridis Deputy minister of National Economy