Volume 2339, I Article 1. Definitions
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1 [TRANSLATION - TRADUCTION] AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE GOVERNMENT OF THE REPUBLIC OF BELARUS ON COOPERATION IN THE FIELD OF PREVENTION AND ELIMINATION OF CONSEQUENCES OF CATASTROPHES, NATURAL DISASTERS AND SERIOUS ACCIDENTS The Government of the Republic of Lithuania and the Government of the Republic of Belarus, hereinafter referred to as the Contracting Parties, Taking into account the Treaty on good-neighbourliness and cooperation between the Republic of Lithuania and the Republic of Belarus signed on 6 February 1995, and the Convention on transboundary effects of industrial accidents, signed on 17 March 1992 in Helsinki, Taking into consideration the work of the United Nations Organization and other international organizations in the field of prevention of catastrophes, natural disasters and serious accidents, and also mitigation of their outcome, the provisions of international treaties related to the subject of this Agreement and adopted with the support of the above-mentioned international organizations, Acknowledging the threat that catastrophes, natural disasters and serious accidents may occur, Being convinced that cooperation between the Contracting Parties in the field of prevention of catastrophes, natural disasters and serious accidents, and also the mitigation of their outcomes is essential, Have agreed as follows: Article 1. Definitions The terms used in this Agreement shall have the following meaning: 1. Requesting Party: The Contracting Party whose authorised body requests assistance from the authorised body of the other Contracting Party; 2. Requested Party: The Contracting Party whose authorised body carries out the request to assist the other Contracting Party; 3. Catastrophes and serious accidents (hereinafter catastrophes): an outcome caused by natural forces, and also by human activity or negligence, constituting great danger and/ or causing harm to human life and health, property and the environment; 4. Rescue operations: actions aimed at protecting people's lives or health and at mitigating harm caused to property and the environment; 5. Means of emergency aid: technical devices and vehicles for the purpose of providing assistance, including materials required for their operation, rescue team equipment, working dogs, and items for the personal use of participants of rescue teams; 220
2 6. Emergency aid supplies: essential items, medicines and drugs, including medicines and drugs containing narcotic and psychotropic substances used for the purpose of mitigating the effects of catastrophes and intended for distribution free of charge among persons affected by catastrophes; 7. Rescue teams: trained and equipped teams of people, excluding subdivisions of the armed forces, sent by the requested Party to provide assistance on the territory of the requesting Party; 8. Expert: a specialist in a certain field sent by the requested Party to provide assistance on the territory of the requesting Party. Article 2. Subject of the Agreement 1. This Agreement shall govern the provision of voluntary assistance in the event of catastrophes, natural disasters and serious accidents, the conditions for the provision of assistance, and other forms of cooperation. 2. Other forms of cooperation shall include: 2.1. prediction, prevention, study and assessment of the outcomes of catastrophes; 2.2 provision of mutual assistance in equipping rescue subdivisions with technical devices and equipment; 2.3 planning and conducting joint training courses on the prevention and mitigation of catastrophes; 2.4 exchanging experience in training the population to act in catastrophic conditions; 2.5 organizing and conducting joint conferences, seminars and working meetings; 2.6 joint planning, development and implementation of scientific research projects, exchange of scientific and technical literature and research results, and of practices in the field of catastrophe prevention, catastrophes and mitigation; 2.7 training specialists in State educational establishments of the other Contracting Party, exchange of trainees, interns, teachers, academics and specialist staff; 2.8 exchange of information, normative documents, periodicals, methodological and other literature, videos and photographs; 2.9 consultations between authorised bodies and other organizations involved in the implementation of this Agreement. 3. Authorised bodies may use other forms of cooperation, conclude necessary agreements and create working groups for the purpose of implementing this Agreement, in accordance with the legislation of the Contracting Parties. 4. The provisions of this Agreement governing the provision of assistance shall also be applicable during joint training events. Article 3. Authorised bodies 1. The Contracting Parties have specified that this Agreement shall be implemented by the following bodies: 221
3 For the Republic of Lithuania: the Ministry of the Interior For the Republic of Belarus: the Ministry for Emergency Situations. 2. The authorised bodies of the Contracting Parties shall notify one another concerning other bodies authorised to cooperate under this Agreement and carry out certain tasks, and about changes in the powers of these bodies. Article 4. Request for assistance 1. The authorised body of a requesting Party shall send an oral or written request to provide assistance to the authorised body of the requested Party. An oral request must be immediately confirmed in writing. 2. The request to provide assistance shall indicate the form, scope and timing of the assistance requested. 3. The authorised body of the requested Party shall immediately organize the provision of assistance and inform the authorised body of the requesting Party concerning its ability to provide assistance, the scope of assistance, and relevant conditions. Article 5. Provision of assistance 1. Assistance may take the form of despatching rescue teams and/or experts, supplying means for emergency aid and emergency aid supplies, and providing information. 2. Rescue operations shall be coordinated by the authorised body of the requesting Party. 3. Rescue operations at the site of the catastrophe shall be directed by the authorised body of the requesting Party. 4. The authorised body of the requesting Party shall advise the leaders of the rescue teams and/or experts of changes in the situation at the site of the catastrophe, and if necessary make interpreters available to them, provide other services and means. 5. Rescue teams must have sufficient means of emergency aid to conduct rescue operations at the site of the catastrophe for a period of 72 hours. When their reserves are exhausted, the requesting Party shall provide these groups with the necessary means to extend their operations. 6. The requesting Party shall ensure unhindered delivery and free distribution of emergency aid supplies to persons affected by the catastrophe. 7. Upon completion of operations to provide assistance the authorised body of the requested Party shall send a report on the operations performed to the authorised body of the requesting Party. The authorised body of the requesting Party shall send a final report containing a description of the catastrophe and the results of the rescue operations to the authorised body of the requested Party. 8. During their stay on the territory of the requesting Party, members of the rescue teams and/or experts must comply with the legislation of that State. 222
4 9. Members of rescue teams and/or experts may wear uniform on the territory of the requesting Party Article 6. Cooperation between organizations The Contracting Parties and their authorised bodies shall promote cooperation between organizations in the field of catastrophe prevention and mitigation. Article 7. Notification of catastrophes The Contracting Parties pledge that information shall be exchanged immediately, either in the Russian and/or English languages, through the authorised bodies or other bodies appointed by them about the threat and outcome of catastrophes which may extend to the territory of the other Contracting Party. Article 8. Passing the State frontier Members of rescue teams and/or experts shall pass the State frontier at crossing points on the basis of documents valid for this purpose and of lists approved by an authorised body, on condition of having visas. Visas shall be issued urgently free of charge at State frontier crossing points. Article 9. Passing means of emergency aid and emergency aid supplies across the State frontier 1. The Contracting Parties shall enable means of emergency aid and emergency aid supplies to enter and exit on a priority basis. When passing across the State frontier the leader of a rescue team and /or experts must present a list to the customs authorities of the requesting Party of the means of emergency aid and the emergency aid supplies (hereinafter - the list) being brought across. 2. In urgent cases presentation of the list shall not be compulsory, but the list must be sent to the customs authorities within a period of 30 days following the entry of the means of emergency aid and emergency aid supplies to the territory of the requesting Party. The provisions of this paragraph shall not extend to the entry of medicines which contain narcotics and psychotropic substances. The authorised bodies of the Contracting Parties shall inform their State customs authorities about urgent cases. 3. Means of emergency aid and emergency aid supplies shall be completely exempt from customs duties, taxes and fees on entry, on condition that unused means and supplies shall be taken out within 30 days after cessation of assistance. This condition shall not apply to means of emergency aid and emergency aid supplies used up in the course of providing assistance. Legal norms in accordance with the legislation of the requesting Party shall apply to means of emergency aid and emergency aid supplies which are not taken out in time. The requested Party shall be exempt from obligations relating to customs payments (presenting guarantees to pay a customs debt) for means of emergency aid and emergency aid supplies. 223
5 4. Entry/exit prohibitions and restrictions shall not extend to means of emergency aid and emergency aid supplies. The entry of weapons and ammunition shall be prohibited. The entry/exit of explosive substances to be used for rescue operations shall be permitted. 5. If means for emergency aid remain as emergency aid supplies on the territory of the requesting Party by agreement between the authorised bodies or for other reasons, the authorised body of the requesting Party shall inform the customs authority of the other State without delay. 6. In the event that vehicles are used when providing assistance in accordance with this Agreement, no permission for international crossing and insurance shall be required, nor payment for the use of motorways, express ways and other roads. These vehicles must have appropriate markings. 7. Rescue groups and/or experts on the territory of the requesting Party are entitled to use their distinctive and warning markings and equipment. 8. The procedure for transporting working dogs across the border and keeping them on the territory of the requesting Party shall be determined by the quarantine regulations of the requesting Party. Article 10. Use of medicines containing drugs and psychotropic substances 1. Medicines which contain drugs and psychotropic substances may be brought in for the purpose of rendering medical assistance, and may be used by qualified medical personnel in accordance with the legislation of the requested Party. The requesting Party shall be entitled to monitor the use of these medicines on its territory. 2. The provisions of paragraphs 4 and 5 of Article 9 shall also apply in case of entry of medicines which contain drugs and psychotropic substances to the territory of the requesting Party and taking out unused medicines. 3. Unused medicines containing drugs and psychotropic substances which may be removed from the territory of the requesting Party shall be governed by legal norms in accordance with the legislation of the requesting Party. 4. The entry (exit) of medicines which contain drugs and psychotropic substances shall not be included in the statistical reports which are presented to the United Nations Council on Drugs Control. Each Contracting Party shall include in its statistical reports narcotics and psychotropic substances used from its reserves. Article 11. Use of aircraft 1. Aircraft may be used to transport rescue teams and/or experts, means for emergency aid and emergency aid supplies, and during actual provision of assistance. 2. Each Contracting Party shall grant any aircraft transporting rescue groups and/or experts, means for emergency aid and emergency aid supplies, which takes off from the territory of the other Contracting Party, the right to use air corridors in accordance with international treaties and navigation regulations, to take off and land at airports, landing areas and rescue operation sites. In this case the border security authorities and customs au- 224
6 thorities of the requesting Party shall perform border and customs controls at the landing place when summoned. 3. It is essential that the authorised body of the requesting Party should be forewarned of the intention to use aircraft, and information provided at the same time about: 3.1 the kind and type of aircraft concerned; 3.2 its State registration; 3.3 its registration number; 3.4 the crew, passengers, and the composition of the rescue team and/or experts; 3.5 the means of emergency aid and emergency aid supplies aboard the aircraft; 3.6 take off time, planned flying route, expected time and place of landing. 4. When providing assistance an aircraft shall fly in accordance with the standards and guidelines of the International Civil Aviation Organization (ICAO), and the laws of the Contracting Parties which govern civil aviation, unless otherwise stipulated in this Agreement. Article 12. Expenses incurred when providing assistance 1. The requesting Party shall not reimburse expenses incurred when providing assistance to the requested Party, nor expenses associated with complete or partial wear, damage or loss of means for emergency aid, unless otherwise agreed in writing by the authorised bodies. 2. The requested Party shall be exempt from payment of taxes and duties for services provided during flight, landing, waiting or take off to an aircraft sent for the purpose of providing assistance, and for navigation services provided. Article 13. Compensation for loss 1. A Contracting Party shall not claim compensation from the other Contracting Party in the following cases: 1.1 harm to property or the environment if caused by a member of a rescue team and/ or an expert in the course of performing tasks related to implementation of this Agreement; 1.2 injury, damage to health or the death of a member of a rescue team and /or an expert, if the harm occurred during the performance of tasks in connection with implementation of this Agreement. 2. If a member of a rescue team and/or an expert of the requested Party in the course of performing tasks in connection with implementation of this Agreement shall cause harm to a third person on the territory of the requesting Party, the requesting Party shall bear responsibility for this harm in accordance with the legislation applicable in the case of harm caused by a member of its own rescue team. 3. The provisions of subparagraphs 1.1 and 1.2 of paragraph 1 of this Article shall not apply if harm was caused as a result of unwarranted actions. 4. Authorised bodies shall cooperate on issues of compensation. 225
7 Article 14. Use of information Unless otherwise agreed in writing by the authorised bodies, information received within the framework of this Agreement, excluding information which shall not be disclosed in accordance with legislation of the Contracting Parties, may be published and used according to standard practice and the legislation of each Contracting Party. Article 15. Relationship to other international treaties This Agreement shall not affect the rights and obligations of the Contracting Parties, which may arise from other international treaties. Article 16. Resolving disputes Disputes which may arise in connection with the interpretation and application of this Agreement shall be resolved by the authorised bodies by negotiation. If a dispute is not settled in this way it shall be resolved through diplomatic channels. Article 17. Final provisions 1. This Agreement shall enter into force from the date of reception of the last notification confirming that the Contracting Parties have completed the internal procedures required for its entry into force. 2. This Agreement is concluded for an indefinite period. A Contracting Party may denounce this Agreement by sending written notification to the other Contracting Party. 3. Should this Agreement cease to be valid, activity begun but not completed before cessation of its validity shall not affected, unless otherwise agreed by the Contracting Parties. This Agreement was signed in Vilnius on 16 December 2003 in two copies, each in the Lithuanian and Russian languages, both texts being equally authentic. For the Government of the Republic of Lithuania: For the Government of the Republic of Belarus: 226
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