The Government of the
Republic of Latvia, the Government of the Republic of Estonia
and the Government of the Republic of Lithuania, hereinafter
referred to as the Parties,
wishing to substantiate their air sovereignty operation
systems in order to improve the efficiency of international
co-operation between the civil and military authorities in
aviation matters and to increase the operational
effectiveness,
desiring to create a regional airspace surveillance
network based on the principles of international
co-operation,
welcoming the Regional Airspace Initiative offered by
the Government of the United States of America,
committing to establish their national airspace
surveillance systems compatible with the NATO
systems,
have agreed as follows:
Article I
Definitions
1. Baltic Air Surveillance Network (BALTNET) is a
regional organization established for the acquisition,
co-ordination and display of air surveillance data which is
administered according to the Article IV of this
Agreement.
2. Regional Airspace Surveillance Co-ordination Centre
(RASCC), is an internationally staffed and maintained airspace
surveillance radar data processing and distribution centre
established in the Republic of Lithuania.
3. Regional Airspace Surveillance Co-ordination
Centre's National Nodes (National Nodes) are the facilities
established in the Republics of Latvia, Estonia and Lithuania
for reception, display and distribution of data from the
RASCC.
Article II
General
1. The Parties commit themselves to establish BALTNET.
The purpose of BALTNET is to co-ordinate airspace surveillance
activities, to exchange data among the Parties and, according
to Article V of this Agreement, with third parties.
2. For the purpose of operating the BALTNET, the
Parties commit themselves to establish RASCC in the Republic of
Lithuania.
3. While in the territory of any of the Parties due to
activities connected to the BALTNET, the Parties agree that the
"Agreement Among the States Parties to the North Atlantic
Treaty and the Other States Participating in the Partnership
for Peace Regarding the Status of Their Forces" (PfP SOFA)
and relevant national legislation, shall govern the
relationship between the Parties as for status of their forces.
Within the scope of this Agreement the Parties may conclude a
separate Protocol, concerning the Status of the RASCC personnel
as necessary.
Article III
Functions
1. The main functions of the RASCC shall be:
a) to receive, process and display data from primary
and secondary radars in the region,
b) to initiate and co-ordinate tracking and
identification of all aircraft in radar coverage,
c) to disseminate a common, integrated air picture to
each National Node,
d) to co-ordinate and exchange of the regional
information with third parties, as agreed.
2. The main function of the National Nodes shall be to
display information from the RASCC and perform other functions
as may be operationally required.
Article IV
Command, Control and
Organization
1. The BALTNET shall be operated by the BALTNET officer
in charge (BOIC), two Deputies to BOIC and staff. The size of
international staff in the RASCC shall be determined by the
personnel requirements to operate and maintain the RASCC. Each
Party shall assign its national personnel to the RASCC staff
according to a separate Protocol on Command, Control and
Organisation of RASCC.
2. The Parties agree to establish a combined control
mechanism in order to direct, supervise and audit the
activities of the BALTNET. This mechanism shall comprise the
following:
a) Ministerial Committee (MC) consisting of Ministers
of Defence of the Parties or their designated
representatives;
b) Military Committee (MilC) consisting of the
Commanders of the Armed Forces of the Parties.
3. The MC embodies the highest political authority over
the BALTNET organisation and among other things
shall:
a) give policy guidance on development of BALTNET for
the MilC,
b) make major decisions on development of
BALTNET,
c) approve the budget of BALTNET,
d) resolve disputes that occur in the MilC,
e) approve the Terms of Reference for the BALTNET
Officer in Charge (BOIC) and Deputies to BOIC.
4. The MilC embodies military command authority over
BALTNET. The Commanders of the Armed Forces shall retain
command authority over all their national personnel assigned to
the RASCC. The MilC among the other things shall:
a) make recommendations to the MC on policy and for the
development of BALTNET organization,
b) present a development plan to the MC for approval
and take responsibility for execution of approved
tasks,
c) present the annual budget of BALTNET to the MC for
approval,
d) present the Terms of Reference for BOIC and Deputies
to BOIC and other documentation outlining organisational
structure and operation of BALTNET for the MC
approval,
e) approve BOIC and Deputies to BOIC.
5. The MC and the MilC may establish subordinated
working groups to accomplish their tasks.
6. Command and Control authority needed to carry out
assigned missions or training shall be granted to BOIC by the
MilC.
7. Each staff member shall be appointed to the BALTNET
according to the national regulations of the Parties, which
will assign them to perform BALTNET duties under the
supervision of the BOIC.
8. The practical aspects of command, control and
organisation of the RASCC shall be set out in additional
Command, Control and Organisation Protocol between the
Ministers of Defence of the Parties.
Article V
Responsibilities
1. The Parties shall supply air surveillance data to
the RASCC. Information from the RASCC shall be distributed to
all the Parties for their national use. The RASCC shall supply
information to a third party only by the decision of the
MC.
2. The Parties shall establish and maintain
communications between national radars assigned to the BALTNET
and the RASCC and between their National Nodes and the
RASCC.
3. Each Party is responsible for the training of its
personnel to be appointed for the service to the
RASCC.
4. Each Party shall independently and according to its
national legislation decide the conditions of service as well
as salaries, taxation and social and legal guarantees and cover
all expenditures for their nationals serving in the
RASCC.
Article VI
Financial Arrangements
1. The Republic of Lithuania shall provide necessary
and adequate infrastructure for the establishment of the
RASCC.
2. The Parties shall share the daily maintenance costs
of the RASCC. The cost of operation and maintenance of
equipment for common purposes shall be borne in proportion to
the utilisation of its proceeds by each Party.
3. The Parties undertake to cover all manpower costs of
their national personnel assigned to the RASCC.
4. The cost of equipment operation and maintenance for
each country's own purposes shall be borne by the
respective Party.
5. The practical aspects of sharing costs shall be set
out in additional Financial Arrangements Protocol between the
Ministers of Defence of the Parties.
Article VII
Ownership and Use of BALTNET
Assets
1. Each Party shall be the owner or custodian of the
BALTNET facilities, equipment, hardware and software which is
located in its territory and shall be responsible for its
operation and maintenance.
2. No Party may alter, substitute or change any
equipment or software which affects the data content or
electronic characteristics of data, except when this is agreed
by the MC.
3. The practical aspects of ownership and use of
property shall be set out in additional Ownership and Use of
property Protocol between the Ministers of Defence of the
Parties.
Article VIII
Disclosure of Information
1. The protection of classified information provided by
the Parties to the BALTNET shall be regulated by bilateral
agreements between the Parties.
2. Requests for information regarding a specific Party
or its proprietary information shall be referred to that
specific Party.
3. Information supplied to the BALTNET by a Party shall
remain the property of that Party, regardless of how it is
combined, altered, reformatted, augmented, or in any way
manipulated, and shall not be released by the other Parties to
any third party without explicit consentof the Minister of
Defence of the Party in question.
4. The supplying of data to the BALTNET shall not
restrict the supplier of the data in the use of the same data,
or any other format of data, in any way whatsoever.
Article IX
Settlement of Disputes
Disputes between the Parties regarding the
interpretation or application of this Agreement shall be
resolved by negotiation between the Parties and shall not be
referred to international tribunal or third parties for
settlement.
Article X
Depository
The Government of the Republic of Lithuania shall act
as the official Depository for this Agreement.
Article XI
Entry into Force, Duration and
Denunciation
1. This Agreement shall enter into force 30 days after
the Depository shall receive the last written notification
stating that the necessary national legal requirements for this
Agreement to enter into force have been completed. The
Depository shall inform the Parties of each notification
received and of the date of entry into force of the
Agreement.
2. This Agreement is concluded for an unlimited period
of time. It may be denounced by any of the Parties by a written
notification to the Depository which shall notify the other
Parties of each such notification and the date of the receipt
thereof. The denunciation shall take effect 6 months after the
receipt of the notification by the Depository. In case of
denunciation of this Agreement by any of the Parties it shall
cease to be in effect regarding that specific Party.
Article XII
Amendments
Any of the Parties may at any time request amendments
to this Agreement. The request shall be addressed to the
Depository, which shall notify all the other Parties of each
such notification and the date of the receipt thereof. Such
amendments shall come into force pursuant to the provisions of
paragraph 1 of Article XI of this Agreement.
Done in Riga on April 16, 1998 in a single copy in the
Latvian, Estonian, Lithuanian and English language, all texts
being equally authentic, which shall be transmitted to the
archives of the Depository. The Depository shall transmit
certified copies of the Agreement to all Parties. In the case
of divergence, the text in the English language shall
prevail.
|
For the
Government |
For the
Government |
For the
Government |
|
of the Republic of
Latvia |
of the Republic of
Estonia |
of the Republic of
Lithuania |
