Agreement between the Government of the Republic of Latvia
and the Government of the Republic of Lithuania on Early Notification
of Nuclear Accidents, Exchange of Information and Co-operation
in the Field of Nuclear Safety and Radiation Protection

The Government of the Republic of Latvia and the Government of the Republic of Lithuania hereinafter referred to as "the Contracting Parties",
Referring to the Convention on Early Notification of a Nuclear Accident of 26 September 1986 (hereinafter referred to as the "IAEA Convention"),
Taking into consideration the provisions of the Final Act of the Conference on Security and Co-operation in Europe of 1 August 1975,
Striving for further strengthening of international co-operation in the field of safe use of nuclear energy and radiation technologies,
Convinced that comprehensive co-operation between both States will contribute to limiting the risk and consequences of possible nuclear and radiation accidents and improving their radiation protection infrastructure,
Have agreed as follows:

Article 1
SCOPE OF APPLICATION

1. This Agreement shall apply:
a) in the event of any accident involving nuclear activities or facilities of Contracting Parties or of persons or legal entities under their jurisdiction or control, referred to in paragraph 2 below, from which a release of radioactive material occurs or is likely to occur and which has resulted or may result in a transboundary transfer that could be of radiation protection significance for another Contracting Party;
b) if the radiation monitoring system of one Contracting Party registers occurrence of ionising radiation above the level agreed by Contracting Parties not caused by release from nuclear facilities or activities in its own territory.
2. This Agreement shall apply to facilities and activities (hereinafter respectively referred to as a "nuclear facility" and a "nuclear activity") specified as follows:
(a) any nuclear reactor;
(b) any nuclear fuel cycle facility;
(c) any radioactive waste management facility;
(d) the transport and storage of nuclear fuels or radioactive wastes;
(e) the manufacture, use, storage, disposal and transport of radioisotopes for agricultural, industrial, medical and research purposes;
(f) the use of radioisotopes for power generation in space objects.

3. With a view to minimizing radiological consequences, Contracting Parties shall give notification in the event of nuclear and radiation accidents other than those specified in this Article that might have radiological consequences in the territory of the other Contracting Party.

Article 2
COMPETENT AUTHORITIES

1. This Agreement shall be implemented by the competent authorities of Contracting Parties in accordance with their mutual arrangements on the fulfilment of the provisions of this Agreement.
2. The representatives of the competent authorities shall meet in case of necessity to negotiate on current issues concerning the implementation of the Agreement. The time, place and agenda of the meetings shall be agreed upon in advance.
3. For the purposes of this Agreement "competent authorities" shall be:
in the REPUBLIC OF LATVIA:
the Ministry of Environment of the Republic of LATVIA
in the REPUBLIC OF LITHUANIA:
the Ministry of Economy of the Republic of LITHUANIA
4. Each Contracting Party shall promptly notify the other Contracting Party on any changes concerning the competent authorities and their contact points.

Article 3
EARLY NOTIFICATION

1. If there is an accident involving a nuclear facility or nuclear activities in the territory of one Contracting Party, from which a release of radioactive substances results or may result and if such a release could have an effect outside the territory of one Contracting Party that could be of radiation protection significance for another Contracting Party, the Contracting Party in whose territory the accident has occurred shall directly notify the other Contracting Party. It shall also promptly provide such available information that is relevant in order to minimise radiological consequences. The information shall comprise the following data as then available:
(a) the time, exact location where appropriate, and the nature of the nuclear accident;
(b) the nuclear facility or nuclear activity involved;
(c) the assumed or established cause and the foreseeable development of a nuclear accident relevant to the transboundary transfer of the radioactive materials;
(d) the general characteristics of the radioactive release, including, as far as is practicable and appropriate, the nature, probable physical and chemical form and the quantity, composition and effective height of the radioactive release;
(e) information on current and forecast meteorological and hydrological conditions, necessary for forecasting the transboundary transfer of the radioactive materials;
(f) the results of environmental monitoring relevant to the transboundary transfer of the radioactive materials;
(g) the off-site protective measures taken or planned;
(h) the predicted behaviour over time of the radioactive release.
2. With the development of the situation, the information referred to in paragraph 1 of this Article shall be supplemented by relevant information so long as the competent authorities of Contracting Parties agree as necessary.
3. The Contracting Party providing information under this Article shall, as far as it is reasonably practicable, respond promptly to a request from the other Contracting Party for further information or consultations.
4. If the radiation monitoring system of one Contracting Party registers occurrence of ionising radiation above the level agreed by Contracting Parties that is not caused by release from nuclear facilities or activities in its own territory, it shall promptly notify the other Contracting Party and shall continue to keep the other Party informed of further developments.

5. The initial information given in English under the code name "EMERCON" will be received directly through official contact points continuously available:

in the REPUBLIC OF LATVIA:

at the Radiation Safety Centre (RDC)
Maskavas str. 165, LV-1019 Riga
Telephone: +371 7032678 (24 hour)
Fax: +371 7032659 (24 hour)
Mob. phone: +371 6565626 (24 hour)
E-mail: rdc@rdc.gov.lv

in the REPUBLIC OF LITHUANIA:

at the Lithuanian Nuclear Power Safety Inspectorate (VATESI)
Šermukšnių Str. 3, LT-2600 Vilnius
Mob. phone: +370 698 44074 (24 hour)
Fax: +370 5 2614487 (working hour)
E-mail: emercon@vatesi.lt

6. The form of information supplied pursuant to this Article shall be determined by the competent authorities in a separate agreement.

Article 4
EXCHANGE OF INFORMATION

1. Contracting Parties shall exchange safety-related information on nuclear facilities in operation as well as those planned or under construction, their commissioning and decommissioning or those already decommissioned within their territories and appropriate information on the nuclear activities which are relevant to the risk of release of radioactive materials in quantities, exceeding maximum permissible levels. Such information shall be provided under arrangements pursuant to paragraph 1 of Article 2 of this Agreement.
2. Contracting Parties shall notify each other as soon as possible of all significant safety-related changes in nuclear facilities or nuclear activities in their territories.
3. Contracting Parties shall promptly notify each other of any case related to nuclear materials, sources of ionising radiation and radioactive wastes when identified or suspected that such nuclear materials, sources of ionising radiation and radioactive wastes have been illicitly trafficked from one Contracting Party to the other Contracting Party.
4. The means of implementation of paragraphs 1, 2 and 3 of this Article shall be determined between the competent authorities of the Contracting Parties in a separate agreement.
5. The Contracting Party receiving information supplied in accordance with this Article shall be entitled to apply to the other Contracting Party for further clarification of such information.

Article 5
SCIENTIFIC AND TECHNICAL
CO-OPERATION

Contracting Parties shall encourage and facilitate the development of scientific and technical co-operation between authorities concerned and between other institutions of both Contracting Parties in the field of nuclear safety and radiation protection, including monitoring of radioactive releases, emergency planning and management of spent nuclear fuel and radioactive waste.

Article 6
reimbursements of costs

No reciprocal reimbursements of costs related to the exchange of information under this Agreement shall be a subject of any claims of one Contracting Party to the other.

Article 7
usage of the information

1. The exchanged information shall be classified as
a) non-confidential information;
b) information with restricted access.
If the Contracting Party transmitting the information classifies it as being of restricted access, it shall indicate clearly the restricted access nature of this information to another Party. The information with restricted access shall be used only within the nuclear and radiation safety authorities and within other Government bodies of the Contracting Party. Without the written agreement between the Contracting Parties such information with restricted access shall not be communicated to the third parties.
2. Nothing in the paragraph 1 shall be in conflict with the provisions of national legislation of both Contracting Parties.

Article 8
relationship to other
agreements

This Agreement shall not affect other agreements previously concluded by Contracting Parties as well as obligations of the Contracting Parties under other international agreements in force.

Article 9
AMENDMENTS

The provisions of this Agreement may be amended at any time by the mutual consent of the Contracting Parties in the form of the Protocol to this Agreement that shall constitute an integral part of this Agreement.

Article 10
Settlement of disputes

1. Any dispute concerning the interpretation or application of the provisions of this Agreement shall be settled by negotiations between Contracting Parties.
2. If a dispute of this character between Contracting Parties cannot be settled within six months from the request for negotiations pursuant to paragraph 1 of this Article, it shall, at the request of any Contracting Party, be submitted to arbitration following the procedure provided in paragraph 2 of Article 11 of the IAEA Convention.

Article 11
ENTRY INTO FORCE

The Agreement shall enter into force on the date of the receipt of the latest written notification of the Contracting Party on the completion of its internal legal procedures necessary for the entry into force of this Agreement.

Article 12
VALIDITY

1. This Agreement shall remain in force for an unlimited period of time.
2. Each Contracting Party may denounce this Agreement by a written notification to the other Contracting Party made in advance but not later than one year before the denunciation date.

Done at Vilnius, on 3^rd October 2003 in two original copies in the Latvian, Lithuanian and English languages, all texts are equally authentic. In case of any divergence of interpretation, the English text shall prevail.

For the Government For the Government
of Republic of Republic
of Latvia of Lithuania