AGREEMENT
between the Government of the Republic of Latvia and the
Government of the Republic of Poland on Mutual Visa
Representation
The Government of the Republic of Latvia and the Government of
the Republic of Poland, hereinafter referred to as the
"Parties",
recalling the trustful cooperation between the Latvian and the
Polish consular services, characterized by mutual confidence,
acknowledging that simplification of visa issuance is in the
common interest of the Parties,
taking into consideration the European Union acquis in the
field of Common Visa Policy and its future activities in this
area,
have agreed as follows:
Article 1
The Parties shall represent each other in the process of
examining applications and issuing visas, referred to in
Regulation (EC) No. 810/2009 of the European Parliament and of
the Council of 13 July 2009 establishing a Community Code on
Visas (Visa Code), hereinafter referred to as "the Visa
Code", in accordance with the European Union law, the
provisions of this Agreement and technical agreements, concluded
between the competent authorities pursuant to Article 9 of this
Agreement, hereinafter referred to as "technical
agreements".
Article 2
1. Acting pursuant to Article 1 of this Agreement, the Parties
shall respect the relevant regulations of national law of the
representing Party.
2. When performing the actions defined in Article 1 of this
Agreement, the diplomatic missions and consular posts of the
Parties shall assist each other.
Article 3
The Party representing the other Party pursuant to Article 1
of this Agreement shall act with the same diligence as when
issuing visas and collecting data on its own behalf. With the
exception of cases specified in the Visa Code, neither Party
shall bear responsibility for actions performed when representing
the other Party.
Article 4
This Agreement shall not apply to visas issued for the purpose
of paid employment, education or an activity which requires prior
permission from the Party in which such activity is to be carried
out.
Article 5
Pursuant to Article 25 (3) of the Visa Code, visas with
limited territorial validity may be issued under representation
only when the limited territorial validity of the visa is caused
by the fact that the travel document of the applicant, recognized
by the Parties, is not recognized by other States - Parties to
the Convention implementing the Schengen Agreement of 14 June
1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French
Republic on the gradual abolition of checks at their common
borders.
Article 6
Consultations pursuant to Article 22 of the Visa Code
concerning visa applications received by the representing Party,
requiring the opinion of the central authorities of the
represented Party or the central authorities of other Member
States, shall be conducted by the represented Party.
Article 7
In cases when a diplomatic mission or a consular post of the
Parties decides that a visa should not be issued, it shall be
authorized to refuse to issue a visa after examining the
application, pursuant to Article 8 (4) (d) of the Visa Code.
Article 32 (3) of the Visa Code shall apply to visa refusals.
Article 8
The representing Party shall be entitled to collect visa fees.
With the exception of the above, the represented Party shall not
offer any other financial compensation to the representing Party
for handling visa applications.
Article 9
1. The competent authorities of the Parties shall conclude
technical agreements, in which they will specify the diplomatic
missions and consular posts competent to implement the provisions
of this Agreement and the essential technical particulars of
cooperation.
2. The competent authorities of the Parties referred to in
para. 1 are:
1) for the Republic of Latvia: Ministry of Foreign
Affairs,
2) for the Republic of Poland: Minister of Foreign
Affairs.
Article 10
Any disputes concerning the interpretation of the provisions
of this Agreement shall be resolved by the Parties through
diplomatic channels.
Article 11
This Agreement may be amended by mutual written consent of
both Parties. The amendments of the Agreement constitute an
integral part of this Agreement.
Article 12
1. This Agreement shall enter into force on the thirtieth (30)
day following the day of its signature.
2. This Agreement is concluded for an indefinite period of
time. Either Party may terminate this Agreement by written
notification through diplomatic channels. Termination shall take
effect thirty (30) days following the day of receipt of the
notification by the other Party.
3. The Parties may at any time suspend the application of this
Agreement in part or in whole. The Parties shall notify each
other of the starting and closing dates of the suspension through
diplomatic channels, and such suspension shall become effective
no sooner than on the day following the date of receipt of the
notification by the other Party.
Done at Riga, on 13 February 2013 in two original copies, each
in the Latvian, Polish and English languages, all texts being
equally authentic. In case of any divergence in interpretation,
the English version shall prevail.
On behalf of the
Government of the Republic of Latvia
Edgars Rinkevics
Minister of Foreign Affairs
|
On behalf of the Government
of the Republic of Poland
Radoslaw Sikorski
Minister of Foreign Affairs
|