AGREEMENT
between the Government of the Republic of Latvia and the
Government of Georgia on Collaboration within the Field of
Civil Emergency Prevention, Preparedness and Response
The Government of the Republic of Latvia and the Government of
Georgia, hereinafter referred to as the Parties,
recognising the necessity of collaboration between the two
Parties and endeavouring to facilitate mutual assistance in the
field of prevention, preparedness and response to civil
emergencies and elimination of their consequences;
considering the benefits which may be brought to the Parties
by the exchange of scientific and technical information in the
above-mentioned field;
taking into account the probability and severity of civil
emergencies, where co-ordinated assistance interventions may be
required to complement the response capabilities of the affected
Party with a purpose to reduce the loss of human life and damage
to the environment and property;
have agreed as follows.
Article 1
Definitions
For the objective of the Agreement the following expressions
shall mean:
1. "civil emergencies" refer to situations that
originated as a result of natural and man-made disasters, such as
fire, technological, radiological and environmental accidents,
epidemics and other types of disasters which severely threaten or
damage human life, health, property and environment;
2. "requesting Party" refers to the Party which
addresses to the other Party with the request for sending
assistance groups, equipment and maintenance materials;
3. "offering Party" refers to the Party which
complies with the request of the other Party for sending
assistance groups, equipment and maintenance materials;
4. "assistance groups" refer to groups of
specialists from offering Party assigned to render assistance and
to provide necessary equipment;
5. "equipment" refers to materials, technical
facilities, means of transport, medicines and medical equipment,
equipment of assistance groups and personal equipment used for
rendering assistance;
6. "maintenance materials" refer to material means
intended for free of charge delivery to the population affected
by civil emergencies;
7. "competent authorities" refer to authorities
designated by each Party for the coordination of activities
related to the implementation of the Agreement.
Article 2
Object of Collaboration
The Parties to the Agreement convinced of the necessity of
collaboration set up a permanent co-operation to encounter civil
emergencies and to develop this co-operation by suitable means
within the available resources and due to the needs of both
Parties.
Article 3
Forms of Collaboration
Collaboration within the framework of the Agreement will
include the following forms:
a) elaboration and perfection of measures and methods for the
prevention of civil emergencies and for the elimination of their
consequences;
b) organization of operative exchange of information:
i. on civil emergencies, that occurred on the territories of
the states of the Parties;
ii. on requests and proposals of the Parties in the field of
mutual assistance, as well as assistance rendered by respective
international organizations;
iii. on mutual assistance rendered for elimination on the
consequences of civil emergencies;
c) attraction of international organizations to ensure
preparedness of the Parties in prevention of civil emergencies
and to obtain assistance in case of their occurrence;
d) organization and realization of monitoring over natural and
technological processes;
e) prediction of civil emergencies and assessment of their
consequences;
f) exchange of experts;
g) training of personnel;
h) organization of joint consultations;
i) exchange of information and technologies;
j) organization of joint seminars and meetings;
k) joint planning, elaboration, realization and demonstration
of research projects;
l) maintenance of connection between the competent authorities
of the Parties;
m) elimination of consequences of civil emergencies;
n) any other activity related to the prevention of civil
emergencies and to the elimination of their consequences, as it
may be agreed between the competent authorities of the
Parties.
Article 4
Competent Authorities
1. For the purpose of the Agreement the competent authorities
of the Parties are:
a) In the Republic of Latvia:
State Fire and Rescue Service,
Emergency Medical Service;
b) In Georgia:
Emergency Situations Management Department of the Ministry of
Internal Affairs of Georgia.
2. Both Parties of the Agreement will provide contact
information and details of the competent authorities through
diplomatic channels, as well as their contact points, which will
be accessible on a 24 hour basis.
3. In execution of the Agreement the competent authorities of
the Parties are entitled to get into immediate direct
contact.
4. The Parties of the Agreement will inform each other
immediately of any change concerning the competences of the
competent authorities through diplomatic channels.
Article 5
Request for Assistance and Exchange of Information
1. Assistance shall be provided on the basis of a written
request of the competent authority of the requesting Party, or,
in the extremely urgent case, on the basis of a verbal request.
Any verbal request shall be confirmed in writing as soon as
possible, but not later than in 3 (three) hours after receipt of
a verbal request. In the request, the competent authority of the
requesting Party shall provide information about the place, time
and date of the beginning of the civil emergency, the nature and
extent of the civil emergency and the evaluation of the current
situation; the measures already taken and planned and the
required support and the priorities of assistance.
2. The competent authority of the offering Party shall, within
the shortest possible period of time, make a decision on
possibility to provide assistance and inform the competent
authority of the requesting Party of its immediate capabilities,
the conditions and extent of assistance.
3. The competent authority of the offering Party informs the
competent authority of the requesting Party in writing on the
border crossing point planned for crossing by the assistance
group, time of the border crossing and used vehicles.
Article 6
Mutual Assistance and Co-ordination Measures
1. The provision of assistance may be implemented by sending
assistance groups, equipment and maintenance materials or by
transferring the necessary information and experience.
2. The competent authority of the requesting Party shall
coordinate, manage and supervise the activities of assistance
groups of the offering Party through the appointed representative
of the aforementioned assistance groups.
3. The competent authority of the requesting Party shall
inform the appointed representative of the assistance group of
the changes in the situation in the area of the civil emergency
and shall determine the order of activities and, whenever
necessary, shall provide interpreters and other necessary support
and tools to these assistance groups free of charge.
4. The equipment of the assistance groups should be sufficient
to operate autonomously in the area of civil emergency during at
least 72 hours from the moment of their arrival.
5. The requesting Party shall ensure the safety of the
assistance groups; provide free emergency medical care, meals and
accommodation, as well as the basic means of sustenance after the
stocks of the assistance groups have run out.
6. Assistance groups shall honour the national laws and
regulations of the requesting Party during their stay in the
territory of the state of the requesting Party.
Article 7
Border Crossing
1. With a view to ensure rapid and efficient assistance, the
Parties shall limit the formalities of the border crossing
procedure to the lowest possible level.
2. Assistance groups may cross the state border of the
requesting Party out of turn at the border crossing points open
for international traffic with valid travel documents.
3. The appointed representative of the assistance groups must
have a letter of assignment issued by the competent authority of
the offering Party, indicating powers of the assistance group and
the list of members of the assistance group. The driver of the
vehicle if any shall present additionally to the valid travel
document a document authorizing to drive that vehicle and the
registration certificate of the vehicle.
4. Upon submitting the aforementioned documents the visas for
the members of the Georgian assistance group shall be issued at
the border crossing point by the State Border Guard of the
Republic of Latvia.
5. The procedure of crossing the state border of the
requesting Party by assistance groups with rescue-dogs and their
stay in the territory of the state of the requesting Party shall
be determined pursuant to the quarantine rules in force in the
territory of the state of the requesting Party.
6. For the purpose of transportation of assistance groups,
their equipment and maintenance materials, any suitable vehicle
can be used in order to reach the destination as soon as
possible.
7. The border-crossing procedure in accordance with conditions
of this Article shall be valid even when one of the states of the
Parties is a transit state in respect of a third state requesting
assistance in the event of civil emergency, and the transit is
necessary to provide effective assistance. Competent authorities
referred to in the paragraph 1 of Article 4 of the Agreement
shall notify each other in due time about the necessity of
transit to provide assistance to a third state and shall
co-ordinate the procedure for the transit of the equipment and
maintenance materials.
Article 8
Transportation of Equipment and Maintenance Materials Across the
Border
1. The equipment, maintenance materials and assistance group
members' personal belongings that are imported or exported
pursuant to the Agreement shall be exempted from customs duties
and another fees, if it is not contrary to the national laws and
regulations of the states of the Parties.
2. When providing assistance, assistance groups may, apart
from their personal belongings needed for travelling, import,
export and transit only the equipment necessary to perform their
task.
3. Any equipment and maintenance materials not used or not
destroyed shall be returned to the offering Party.
4. Medicines containing narcotic and psychotropic substances
may be imported only in quantities necessary for medical
assistance purposes in accordance with the national laws and
regulations of the states of the Parties. Only the qualified
medical personnel in accordance with the relevant regulation
shall use them. In this case the appointed representative of the
assistance group shall present to the customs control bodies a
declaration listing medicines containing narcotic and
psychotropic substances and indicating their nomenclature and
amount.
5. Appointed representative of the assistance group shall,
upon crossing the state border, submit a separate list of the
equipment required for the performance of the task of the
assistance group and a separate list of the maintenance
materials, to the customs authority of the requesting Party.
6. The relevant authorities of the requesting Party may
control the usage and storage of the above-mentioned materials
and substances.
7. The medicines containing narcotic and psychotropic
substances not used during the mission shall be taken out from
the territory of the state of the requesting Party. The
certificate on utilized medicines signed by the appointed
representative and the physician of the assistance group of the
offering Party and certified by the competent authority of the
requesting Party shall be presented to the customs control bodies
of the requesting Party upon the completion of the mission.
8. The conditions of this Article shall be also valid for
transit of the equipment and maintenance materials through the
territory of the state of one of the Parties in the event of
providing assistance to a third state.
Article 9
Use of Aircraft
1. Either Party may, for the purposes of assistance, permit
the use and transit flight of the aircraft of the other
Party.
2. The competent authority of the offering Party shall inform
the competent authority of the requesting Party of the use of
aircraft for the purposes of providing assistance, submitting
data on the following:
‒ type of the aircraft;
‒ the country of nationality and registration and the
nationality and registration mark of the aircraft;
‒ the number and list of the members of the on-board crew and
passengers;
‒ the nature of cargo transported (specifying equipment and
maintenance materials);
‒ the planned flight route, the envisaged place of landing and
flight data.
3. The offering Party is exempted from any payments for flying
over, landing, parking, taking off and navigating services for
the aircraft, which provides assistance under the Agreement. The
competent authorities of the Parties shall, when aircraft is used
for providing assistance, separately agree on the reimbursement
of costs in relation to the supply of fuel and maintenance
services for the aircraft on a case by case basis.
4. Border crossing and customs control of aircraft shall be
carried out in landing places of aircraft.
Article 10
Reimbursement of Assistance
Unless otherwise provided for by the Parties, also taking into
account the provisions of the Agreement, assistance shall be
provided free of charge.
Article 11
Compensation of Damages
1. The Parties resign each other any right that they may have
for claiming compensation in case of damage to property including
damage to the environment caused by a member of the assistance
group in the course of performing his/her assignment related to
the implementation of the Agreement and any claim for
compensation arising from damage to the health or the death of a
member of the assistance group when such an event takes place in
the course of and in relation to the performing of tasks related
to the implementation of the Agreement.
2. When a member of the assistance group of the offering Party
causes damage to a third person in the territory of the state of
the requesting Party while performing a task related to the
implementation of the Agreement, liability shall be borne by the
requesting Party, in accordance with its national laws and
regulations applicable to damage caused by its own assistance
group.
3. The provisions of paragraphs 1 and 2 of this Article shall
not be applied when the damage was caused as a result of criminal
offence committed intentionally or through negligence.
4. The liability for payment for damages specified in this
Article shall extend to the damage caused by the assistance group
during the period from the moment of entry to the territory of
the state of the requesting Party until departure.
5. The competent authorities shall closely co-operate to ease
the assessment of claims for compensation. For this purpose, they
shall exchange all information available to them concerning the
circumstances of causing the damage.
6. The Parties shall also apply the provisions of this Article
as appropriate when either of them is a transit state.
Article 12
Coordination while Providing Assistance
The competent authorities will take all the necessary
procedure to establish and maintain close liaison between the
competent authorities and the assistance groups while providing
assistance.
Article 13
Completion of the Assistance Operations
The assistance groups must terminate their operations
immediately if demanded by the requesting Party or when completed
their tasks. Thereafter, all assistance groups will leave the
territory of the state of the requesting Party immediately.
Article 14
Expenses related to Visits and Trainings
1.The Party sending experts and observers to the other Party
bears their traveling costs and the host Party bears the costs of
accommodation and transportation within the state, unless the
Parties agree otherwise on a case by case basis.
2. The Party sending participants and trainees to the other
Party bears their traveling costs and the host Party bears the
costs of accommodation, medical care and transportation within
the state during training of the mentioned persons, unless the
Parties agree otherwise on a case by case basis.
Article 15
Use of information
Any information obtained as a result of the activity performed
pursuant to the Agreement may be disclosed to a third party only
on the basis of the prior consent of the Party transferring the
information, taking into account the provisions of the national
laws and regulations of the Parties in force in their states, and
may be disclosed to the public only when the competent
authorities of the Parties have agreed to do so in advance in
writing.
Article 16
Common Committee
1. The competent authorities shall form a common committee
carrying out following duties:
a) implementing the Agreement by preparing and identifying the
cooperation programs phases between the Parties to the Agreement
and working on its continuation and developing;
b) proposing suitable recommendations for developing the
Agreement according to the Parties' future aspirations, and
presenting them to the competent authorities in order to assume
suitable procedures to implement the recommendations.
2. The common committee will alternately meet on the territory
of the state of either Party once a year or when necessary. The
common committee is headed by the delegation leader of the host
Party.
Article 17
Use of Language
In the course of their collaboration in accordance with the
Agreement the Parties shall use the English language.
Article 18
Settlement of Disputes
Any dispute regarding the interpretation or application of the
Agreement shall be resolved between the Parties by means of
consultations and/or negotiations.
Article 19
Other International Agreements
The Agreement shall not affect the rights and obligations of
the Parties set forth in other international agreements.
Article 20
Amendments and Supplements
The Agreement may be amended and supplemented in written form
by mutual consent of the Parties. The amendments and supplements
shall be drawn up in a form of separate document and shall
constitute an integral part of the Agreement. The document shall
enter into force in the same way as the Agreement.
Article 21
Entry into Force
1. The Agreement is concluded for an indefinite period of time
and shall enter into force on the first day of the next month
following the day of the receipt of the last written notification
through diplomatic channels by which the Parties notify each
other of the completion of the internal procedures necessary for
the Agreement to enter into force.
2. Each Party may terminate the Agreement at any time by
giving the other Party a written notice of its intention through
diplomatic channels. Such termination shall take effect on the
ninetieth day following the date of receipt of such notice.
Done at Batumi on 30 May 2014 in two originals, each in
Latvian, Georgian and English languages, all texts being equally
authentic. In case of any divergence in interpretation of the
provisions of the Agreement, the English text shall prevail.
For the Government
of
the Republic of Latvia
Rihards Kozlovskis
|
For the Government
of
Georgia
Aleksandre Tchikaidze
|