Memorandum of Understanding between the Ministry of Defence of Republic of Latvia, the Ministry of Defence of Republic of Estonia and the Ministry of National Defence of Republic of Lithuania concerning the Establishment, Operation, Administration and Funding of Baltic Naval Training Centres

 

Section 1

GENERAL

1.1. In their meeting in Palanga, Lithuania, on December 19, 2000, the Ministers of Defence of Estonia, Latvia and Lithuania decided to initiate further co-operation in the field of naval training to support the further development and sustaining of the Baltic Naval Squadron and to optimise the use of training facilities and resources in Estonia, Latvia and Lithuania. Accordingly, the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania, hereinafter referred to as the Participants, have concluded the following Memorandum of Understanding (MOU) on Baltic Naval Training Centres (hereinafter BTCs).

1.2. In order not to duplicate efforts and management systems, the Participants have decided that the management of BTCs willshall take place within the:

a) management established by the Memorandum of Understanding between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania concerning the organisation, operation, funding and administration of the Baltic Naval Squadron, signed in Riga on October 15, 1999, hereinafter referred as the BALTRON MOU, and

b) the Baltic Management Group and BALTRON Military Co-ordination Group, established in the meeting of the Ministers of Defence of Estonia, Latvia and Lithuania 7 May 1999.

 

Section 2

DEFINITIONS

2.1. For the purposes of this MOU the following definitions are applicable:

a) The definitions applied in the BALTRON MOU willshall apply equally to the co-operation under this MOU;

 

b) "Hosting Participant" means the Ministry of Defence of the Republic on whose territory a Centre is located and operated.

 

c) "Host Nation" means the Participant hosting activities of a BTC when the activities are conducted outside the normal facilities of the BTC.

 

Section 3

PURPOSE AND APPLICATION

3.1. The decision to establish BTCs rest with the Ministers Committee established under the BALTRON MOU. The purpose of this MOU is to provide the framework for the establishment of BTCs and introduce the principles for their operation, administration and funding.

3.2. Detailed provisions on the structure and organisation, training objectives, concepts and standards etc. willshall be laid down in Technical Arrangements (TA), to be developed and concluded by the Participants or their authorised representatives separately for each BTC. Depending on the nature of the training, the TA may be supplemented by further documents, e.g. a curriculum for the BTC.

 

Section 4

SEAL AND EMBLEM

4.1. BTCs may have their own seal and emblem. The seal and emblems willshall be presented and approved in accordance with the procedure laid down in the BALTRON MOU.

 

Section 5

LEGAL CAPACITY

5.1. BTCs do not hold legal capacity on their own, and the Hosting Participant willshall act on behalf of BTCs in administrative, legal and financial matters.

 

Section 6

LANGUAGE

6.1. The working language of the BTCs is English.

 

Section 7

ORGANISATION

7.1. Each BTC is to be headed by a Commanding Officer.

7.2. In order to match the training and capacity to be offered in each BTCs, the detailed organisation of the separate BTCs willshall be set out in the TA for that BTC.

 

Section 8

MANNING, COMMAND RELATIONS AND STATUS

OF THE PERSONNEL

8.1. The Hosting Participant willshall appoint the Commanding Officer for the respective BTC and support the BTC with staff as decided in the TA for the BTC. Subject to decision on a case-by-case basis, the other Participants may appoint instructors or fill supporting staff positions.

8.2. Unless otherwise set out in the TA for that BTC, the responsibilities of the Commanding Officer to report and present documentation on activities willshall follow the principles laid down in the BALTRON MOU for the Commander of BALTRON, and willshall be specified in his/her Terms of Reference note. The Terms of Reference willshall be approved in accordance with the procedures set out in the BALTRON MOU and adopted as a part of the TA for that BTC.

8.3. The area of responsibilities of a staff (if any) willshall be determined in the TA. If it is decided to establish staff positions that are not manned by the Hosting Participant, job descriptions willshall be developed by the Commanding Officer and forwarded for approval in accordance with the procedures established by the BALTRON MOU.

8.4. Personnel assigned to a BTC willshall work under the supervision of the Commanding Officer of that BTC. The Commanding Officer willshall give directions to all military personnel, appointed as staff, instructors or students or otherwise allocated to the BTC, as far as the operation, military orderliness within the BTC and its training activities are concerned.

8.5. Each Participant is responsible for appointing a Senior National Representative among its personnel, whether this is staff, instructors or students.

8.6. The Participants have decided to apply the Partnership for Peace Status of Forces Agreement (PfP-SOFA) to personnel (staff, instructors, students) assigned to a BTC, in accordance with which, except as otherwise provided in the PfP-SOFA and any additional protocol in respect to its own parties, all states parties to the PfP-SOFA shall apply the provisions of the Agreement between Parties to the North Atlantic Treaty regarding the status of their forces, done at London on 19 June, 1951 (NATO-SOFA), as if all states parties to the PfP-SOFA were parties to the NATO-SOFA.

8.7. Unless otherwise agreed and subject to separate arrangements, the Participants agree to facilitate the application of the NATO-SOFA to personnel of States not signatories to this MOU but parties to the PfP-SOFA, when present in the territory of state of any of the Participants due to activities connected to the BTCs.

8.8. For the purpose of paragraph 2.f. of Article VIII of the NATO-SOFA, the Parties Paricipants agree to waive its claim in such cases where the damage is less:

Estonia: 15 000 EEK

Latvia: 700 LVL

Lithuania: 4800 LTL

 

Section 9

COURSE VACANCIES

9.1. The number of course vacancies and the time of their distribution willshall be set out in the TA for each BTC.

9.2. If a Participant fails to fill its requested and allocated course vacancies or if a student leaves the course early, and if such course vacancies are not filled, the failing Participant willshall be charged for course fee on the basis of the allocated course vacancies. If a Participant takes up more course vacancies than originally allocated to it, this Participant willshall be charged on the basis of the value of the course vacancies actually used.

9.3. Subject to prior approval of the Participants, BTCs courses may be open to students from civilian agencies and foreign countries. The participation of such students is subject to prior approval of the Participants and to the same conditions and payment.

 

Section 10

STUDENT SELECTION AND PREMATURE DEPARTURE

FROM COURSES

10.1. The selection of students is a national responsibility of the Participants. The required standards for the students willshall be described in the TA, in the training objectives and/or in a curriculum adopted for the BTC.

10.2. The criteria and procedures for return of students to their own forces or structures during a course willshall be laid down in the TA. Procedures willshall always include a close consultation with the Participant concerned and the respective Senior National Representative.

 

Section 11

HOSTING PARTICIPANT SUPPORT AND HOST NATION SUPPORT

11.1. The Hosting Participant willshall make facilities available free of charge. The facilities willshall be identified and listed in the TA for each BTC. The Hosting Participant retains ownership of all buildings and permanent fixtures made available to a BTC, and the Hosting Participant willshall cover costs related to establishing infrastructure, its maintenance and operation, except costs described in Section 13.4. The Hosting Participant is further responsible for providing for the administration and utilisation of the buildings and permanent fixtures made available to a BTC, as well as external and internal maintenance.

11.2. Internal and external maintenance of and security for BTC facilities willshall be provided by the Armed Forces of the Hosting Participant free of charge. Other costs related to operation and utilisation of the facilities willshall be shared as described in Section 13 of this MOU.

11.3. The Hosting Participant willshall, subject to request, assist the other Participants, in finding appropriate accommodation and handling other practical arrangements related to their personnel. Where available and if so requested, the Hosting Participants willshall provide military accommodation.

11.4. The detailed Hosting Participant Support to be rendered to a BTC willshall be set out in the TA.

11.5. Host Nation Support willshall be rendered when a BTC is conducting activities outside its normal facilities. The level of support willshall be determined in the TA for the separate BTCs.

 

Section 12

EQUIPMENT

12.1. The Participants willshall agree on standards of training equipment to be used at each BTC. The standards willshall be described in the TA for the respective BTC.

12.2. Equipment willshall be provided and maintained by the Hosting Participants. The need for provision of equipment for a BTC by the Participants willshall be decided in the TA. The Equipment made available for a BTC by the Participants willshall be listed in inventory list of that BTC.

12.3. Equipment provided by a Participant willshall be financed (procurement, supplementation, modifications and maintenance) by that Participant, just as the Participant retains the ownership of the equipment. Maintenance and replacement cycles willshall be established for categories of equipment made available, whereas the need to modify equipment willshall be decided as need arise.

 

Section 13

COST SHARING AND ACCOUNTING

13.1. The Participants cover all costs related to the assignment of national personnel (staff, instructors and students) to a BTC, including salaries, housing, insurance, expenses related to transporting the personnel to an from the BTC upon assignment, reassignment etc. The Participants willshall as well cover the costs related to the participation of their national personnel in study tours, seminars and equivalent training and educational activities, e.g. transport, accommodation, course fee, per diem). The need to conduct study tours, participate in seminars etc. willshall be determined in the TA for the BTC.

13.2. The Hosting Participant willshall provide free of charge:

a) Inventory (including maintenance and replacement of such inventory),

b) accommodation of personnel in the military facilities of the Hosting Participant, if available,

c) military medical facilities and first aid to BTC

13.3. The sharing of other costs for services, not provided free of charge by the Hosting Participant, among the Participants willshall be based entirely on course fees, to be paid in proportion to the value of the course vacancies requested by and allocated by each of the Participants. The course fee willshall - not later than 1st February the year before the course(s) take place - be calculated and presented in a budget, and announced by the Hosting Participant to the other Participants for comments together with a closed budget for the previous course. The final calculation willshall be issued by the Hosting Participant not later than 1st April the year before the course(s) take place.

13.4. The course fees are calculated on the basis of the following expenditures, as forecasted by the Hosting Participant for that year:

a) Electricity, heating and water, waste disposal, telephone and cleaning in offices and rooms at the BTC,

b) Flags, maps, signs and badges,

c) Office supplies and stationery,

d) External instructors (as determined in the TA),

e) Training aids (as determined in the TA; this does not include procurement of equipment),

f) Petrol, oil and lubricants (POL) (as determined in the TA)

If other costs, linked to the course activities or to the administration and operation of a BTC are identified, the Participants willshall enter into consultations.

13.5. Payments of course fees:

a) Payments: The Hosting Participant submits, on behalf of the BTC, calls for payments of course fee. The interval of calls and payments willshall be determined in the TA for each BTC. Payments are to be transferred to a bank account duly designated by the Hosting Participant. Payments willshall be made free of charge of the beneficiary.

b) Non-payment of Calls for pay of course fees: Non-payments willshall be addressed among the Participants.

c) If the costs by the closure of a BTCbudget turn out to be less that forecasted, the turn-over willshall be re-distributed proportionately among the Participants and other agencies that have paid course fees.

 

Section 14

MISCELLANEOUS

14.1. The Hosting Participant willshall, if necessary, furnish BTC personnel (staff and instructors) and students with an access card bearing the photograph of the holder, and granting the holder access to the facilities of the BTC.

14.2. Appropriate measures willshall be taken to facilitate border crossing of BTC personnel and students in regard to their official activities.

 

Section 15

FINAL PROVISIONS

15.1. This MOU willshall come into effect on the date of its last signature.

15.2. This MOU willshall remain in effect for an unlimited period of time. In case the BALTRON MOU is terminated, the Participants willshall enter into consultations.

15.3. The Participants may amend this MOU at any time by mutual consent. Such amendments willshall be in writing.

15.4. Any Party Participant can withdraw from the MOU by giving 6 months' notice in writing to the other Participants. If one of the Participants withdraws from the MOU, the Participants willshall initiate immediate negotiations concerning the consequences related to the withdrawal from the MOU.

15.5. This MOU may be terminated by unanimous decision of the Participants. If the Participants decide to terminate the MOU, the Participants willshall initiate immediate negotiations concerning the consequences related to the withdrawal from the MOU.

15.6. All disputes between the Participants, related to the interpretation or application of this MOU willshall be settled by negotiation.

Signed in 1 (one) original, in the Estonian, Latvian, Lithuanian and English language, in Vilnuis, 1 March 2002, all being equally authentic. In case of different interpretation the English version willshall prevail. The original MoU will be held by the Ministry of Defence of the Republic of Latvia, which will transmit a certified copy to each of the Participants.

 

Ģirts Valdis Kristovskis Minister of Defence of the Republic of Latvia

 

Sven Mikser Minister of Defence  of the Republic of Estonia

 

Linas Linkevičius Minister of National Defence of the Republic of Lithuania