Agreement
between the Government of The Republic of Latvia and the Government of The Republic of Poland on Maritime Transport

 

The Government of the Republic of Latvia and the Government of the Republic of Poland hereinafter referred to as the "Contracting Parties":

Desiring to develop the friendly relations between the two States;

Bearing in mind the extension of the co-operation in maritime transport on the basis of principles of equality of rights, mutual benefits and freedom of navigation;

In compliance with the international agreements, binding both Contracting Parties in the field of maritime transport;

Have agreed as follows:

Article 1

Definitions

For the purpose of the present Agreement the applied terms shall mean:

1. The "competent authorities of the Contracting Parties" :

a) for the Republic of Latvia: the Ministry of Transport and its authorised institutions;

b) for the Republic of Poland: the Minister of Transport and Maritime Economy and his authorised organs.

2. The "vessel of the Contracting Party" - any merchant sea-going vessel registered in the ship register in accordance with the laws and regulations in force in the territory of the State of the Contracting Party and flying its flag as well as any sea-going vessel used on the charter basis by a shipping company of the Contracting Party. This term shall not apply to warships, coast guard and police vessels, fishing vessels, vessels performing public functions and other vessels destined or used for non-commercial purposes.

The "shipping company of the Contracting Party" - a legal person, which in its own name operates vessels in international shipping and is registered in the territory of the State of the Contracting Party in accordance with its laws and regulations in force. For the Republic of Poland a reference to a shipping company includes also a reference to a natural person.

4. The "crew member" - the master and any other person employed on board a vessel and entered in the crew list.

5. The "port" - any sea-port, including roadsteads, in the territory of the State of the Contracting Party, which is declared open to international shipping by that Contracting Party.

Article 2

Aim of the Agreement

The aim of this Agreement is:

a) to contribute to the development of maritime transport between the both States;

b) to promote international merchant navigation and safety at sea;

c) to avoid the measures causing harm to the development of maritime transport between the both States and between each of them and third states;

d) to contribute to the development of commercial and economic relations between the both States.

Article 3

Scope of the Agreement

1. The present Agreement shall apply to the territory of the State of each Contracting Party including territorial sea in compliance with international rules and national laws and regulations.

2. The provisions of the present Agreement shall apply to the maritime transport between the States of the Contracting Parties and to or from third states.

3. The provisions of the present Agreement shall not affect the right of vessels of third states to participate in sea-borne trade between the States of the Contracting Parties.

Article 4

International obligations

1. The provisions of the present Agreement shall not affect rights and obligations of the Contracting Parties arising from binding them international agreements or their participation in international organisations.

2. The Contracting Parties shall strive to become a party to related international agreements on safety in shipping, on social conditions and training of seafarers and on maritime environment protection.

3. The Contracting Parties shall observe the rules of non-discrimination and free competition in international shipping and ensure the right to the free choice of a shipping company.

Article 5

Observation of the national laws and regulations

1. The vessels of one Contracting Party as well as their crews, passengers and cargo, whilst in the territory of the State of the other Contracting Party, shall be subject to the relevant laws and regulations in force in that State, especially to the regulations concerning safety of maritime transport, entry, stay and departure of the crews and passengers and importation, exportation and storage of cargo, regulations concerning going ashore, immigration, customs, taxes and quarantine, as well.

2. Whilst in the territory of the State of one Contracting Party, vessels of the other Contracting Party shall be subject to the regulations relating to vessel� s equipment, facilities, safety appliances, measurement and seaworthiness, applied on the basis of relevant international agreements binding the flag State.

Article 6

Treatment to vessels in the ports and in the territorial sea

1. Each of the Contracting Parties shall grant to vessels of the other Contracting Party the same treatment as is granted to its own vessels in its ports, territorial sea and other waters under its sovereign jurisdiction. This shall inter alia apply to port access, levying port dues and charges, treatment during staying in and departure from the ports, when using port facilities for transportation of cargo and passengers, as well as to the access to all port services.

2. The provisions of paragraph 1 of this Article shall not affect the laws and regulations of the Contracting Parties in force, with regard to:

a) privileges of own flag in the coastal shipping, towage, pilotage and other services related to maritime transport reserved for the shipping companies or other enterprises as well as for nationals and residents of the State of this Contracting Party; it shall not apply, however, to coastal shipping if the vessel of either of the Contracting Parties operates between the ports of the other Contracting Party either to discharge cargoes or disembark passengers carried from the third state or to load cargoes or embark passengers on board and carry them to the third state;

b) marine scientific research.

Article 7

Establishment of shipping representative offices

The provisions of this Agreement shall also apply to the right of establishment of shipping representative offices by shipping companies of both Contracting Parties in the territory of the State of the other Contracting Party following the laws and regulations in force in the territory of its State.

Article 8

Unrestricted transfer

One Contracting Party shall grant to shipping companies of the other Contracting Party the right to use revenues from shipping services derived in the territory of its State to payments resulting from shipping operations there or shall ensure unrestricted transfer of these revenues in convertible currencies in accordance with its laws and regulations in force.

Article 9

Facilitation of maritime transport

Both Contracting Parties shall, within the limits of their laws and regulations in force in the territory of their States, adopt all necessary measures in order to facilitate and promote the maritime transport, avoid unnecessary delays of vessels in the port, expedite and simplify as much as possible the carrying out of the customs and other port formalities as well as to facilitate access to existing waste reception facilities for ships.

Article 10

Mutual recognition of vessel's documents

1. Vessel's documents on board, including documents concerning the crew members, issued or recognised by the competent authorities of one Contracting Party on the basis of international regulations, shall be recognised by the competent authorities of the other Contracting Party.

2. Vessels holding the valid tonnage certificates issued or recognised by the competent authorities of one Contracting Party on the basis of international regulations, shall be exempted from remeasurement in the ports of the other Contracting Party. All port dues and charges shall be collected according to these certificates.

Article 11

Identity documents of seafarers

1. Each of the Contracting Parties shall recognise the official identity documents of seafarers, entitling to cross the state border, issued by the relevant authorities of the other Contracting Party and grant holders of these documents the rights as referred to in Article 12. These documents are:

a) for the nationals and residents of the Republic of Latvia: the "Seaman�s Discharge Book" ;

b) for the nationals of the Republic of Poland: the "Passport" or the "Seaman's Book" .

2. The official documents of crew members entitling to cross the state border issued by either of the Contracting Parties after entry into force of the present Agreement shall be recognised by the notification of the other Contracting Party, provided that they are in line with the international requirements for seaman's books.

3. For the crew members who are nationals of third state and are employed on board of the vessel of either of Contracting Parties, the valid documents entitling to cross the state border are related documents issued by the relevant authorities of third states if according to the laws and regulations in force of the given Contracting Party they are sufficient enough to be recognised as a passport.

4. The Contracting Parties commit themselves to take back without unnecessary formalities the crew members who have arrived at the territory of the other Contracting Party on the basis of document issued by them as in paragraph 1 of this Article and stay therein contradicting the provisions of Article 5 or Article 12 or other persons who arrived in the territory of the other Contracting Party illegally using vessel of a Contracting Party as a mean of transportation.

Article 12

Entry, transit and stay of crew members

1. Each of the Contracting Parties shall allow the crew members of the vessel of the other Contracting Party who are holders of one of the documents mentioned in Article 11 to go ashore and stay in the area of port town during the stay of the vessel in one of the ports of the Contracting Party without visa, in accordance with the respective laws and regulations in force in that State as well as in the given port.

2. Every crew member holding any of the documents mentioned in Article 11, may pass in transit the territory of the State of the other Contracting Party in order to return to home country, to join his/her vessel or another one or to travel for any other purpose provided that it is recognised as justified by the relevant authorities of this Contracting Party.

3. If according to the laws and regulations in force in the States of the Contracting Parties applicable to foreigners, a visa for transit is additionally required as in paragraph 2 of this Article, it should be granted without delay.

4. The relevant authorities of the Contracting Parties shall allow every crew member who is admitted to the hospital in the territories of their States, to stay for the period of time necessary for treatment.

5. The Contracting Parties reserve the right to refuse entry into the territories of their States of undesirable persons also in those cases when the mentioned persons hold any of the documents mentioned in Article 11.

6. The provisions of this Article do not affect the laws and regulations of the Contracting Parties in respect of entry, stay and departure of foreigners.

Article 13

Maritime accidents

1. Should a vessel of one Contracting Party suffer from an accident or encounter any other danger in the area of internal waters or in the territorial sea of the State of the other Contracting Party, the relevant authorities of the other Contracting Party shall render at any time help and assistance to the same extent as in the case of a vessel flying that Contracting Party�s flag and her crew members, passengers and cargo. Whilst dealing with the maritime accidents, the Contracting Parties shall comply with provisions of Conventions of the International Maritime Organisation, accepted by both Contracting Parties.

2. The relevant authorities of one Contracting Party, in whose State territory a vessel of the other Contracting Party has suffered from an accident or encounter any other danger mentioned in paragraph 1 of this Article, shall notify as soon as possible the event to the nearest consular office of the State of the other Contracting Party.

3. The accident or emergency should be promptly notified by the competent authorities of one Contracting Party to the competent authorities of the other Contracting Party.

4. Should a vessel of one Contracting Party suffer from an accident or encounter any other danger in the area of internal waters or in the territorial sea of the State of the other Contracting Party, that other Contracting Party shall exempt from all customs duties, dues and taxes the cargo, equipment and other properties, insofar as they are not delivered for commercial turnover in its State�s territory.

5. Provisions of this Article do not affect the rights arising from any maritime claim in respect of any assistance or salvage provided to a vessel, its passengers, crew and cargo.

Article 14

Technical co-operation

The Contracting Parties shall encourage maritime transport companies and any other institutions related to maritime transport of their States to develop all possible fields of co-operation, especially in the ships� classification, maritime education, maritime environment protection, short-sea shipping, maritime salvage and maritime administration.

Article 15

Consultations

1. In order to ensure an efficient application of the present Agreement the meeting of representatives of the competent authorities of the Contracting Parties and of experts designated by the Contracting Parties may be convened.

2. The meeting shall be held, when necessary, at a request of either of the Contracting Parties within three (3) months from the date of the request.

Article 16

Settlement of disputes

Any dispute regarding the application or interpretation of the present Agreement shall be discussed and solved by the competent authorities of the Contracting Parties.

Article 17

Entry into force and amendments to the Agreement

1. The present Agreement shall enter into force thirty (30) days after the date when the latest written note on fulfilment of all necessary legal requirements of the Contracting Parties for the present Agreement to enter into force is received through the diplomatic channels by the other Contracting Party.

2. The Agreement may be amended by the mutual agreement of the Contracting Parties and amendments shall be regarded as an integral part of the present Agreement.

Article 18

Termination of the Treaty

The provisions of the Treaty on Trade and Navigation between Latvia and Poland, signed in Riga on 12 February 1929, related to maritime transport and salvage are terminated on the day of entering into force of the present Agreement.

Article 19

Duration and denunciation of the Agreement

1. The present Agreement shall be in force for indefinite time.

2. Either of the Contracting Parties may denounce the present Agreement by submitting a written note to the other Contracting Party through the diplomatic channels. In such case, the Agreement shall be terminated six (6) months after the date of the receipt of such note by the other Contracting Party.

IN WITNESS WHEREOF the undersigned being duly authorised by their respective Governments for that purpose have signed the present Agreement.

DONE at Riga on October 27th, 1999, in duplicate, each in the Latvian, Polish and English languages, all the three texts being equally authentic. In the case of divergences in their interpretation, the English text shall prevail.

For the Government	For the Government
of the Republic of Latvia	of the Republic of Poland