Draft AGREEMENT ON MARITIME TRANSPORT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE GOVERNMENTS OF THE KINGDOM OF BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG The Government of the Republic
Article 9of this Agreement.
However, such leave shall only be permitted if the ship’s master has submitted a crew list on which the crew member occurs to the competent authorities, in accordance with the regulations in force in that port.
- When going ashore and returning to the ship, the person in question shall be subject to the control and customs formalities in force in that port. ARTICLE 11
- Crew members holding the relevant identity documents,
Article 9
, have the right, regardless of the mode of transport, to enter the territory of the other Contracting Party or pass through that territory in order to join their ship, to be transferred to another ship, to return to their country, or to travel for any other purpose with the consent of the competent authorities of that other Contracting Party. 2. When a crew member holding the relevant identity document,
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, is disembarked in a port on the territory of the other Contracting Party for reasons of health, purposes of service or other reasons recognized as valid by the competent authorities, these authorities shall give the necessary authorization in order to enable the crew member to remain on their territory, to receive medical attention or to be hospitalised and to return to his country by any means of transport or to go to another port of embarkation. 3. Any person, holder of an identity document as
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, but not possessing the nationality of one of the Contracting Parties, shall be granted the entry or transit visa required for the territory of the other Contracting Party, provided readmission to the territory of the Contracting Party, which issued the identity document, is guaranteed. ARTICLE 12
- Without prejudice to the provisions of the Articles 10 and 11 of this Agreement, the applicable laws and regulations of either Contracting Party concerning the entry, the stay and the termination of the stay of foreigners, remain in force.
- The authorization contained in Articles 10 and 11 do not imply a restriction to the right of either Contracting Party to refuse any crew member, holder of the identity document,
Article 9, the entry in its territory, whom they consider undesirable.
ARTICLE 13 1. The judicial authorities of a Contracting Party shall not exercise jurisdiction to hear civil proceedings relating to a maritime service contract of a crew member of a ship of the other Contracting Party. 2. Where a crew member of a ship of a Contracting Party has committed an offence aboard that ship, while the ship is in the territory of the other Contracting Party, the competent authorities of that Contracting Party shall not instigate criminal proceedings against him without the consent of a competent diplomatic or consular officer of the State whose flag the ship flies, unless:
- a)the consequences of the offence affect the territory of the State where the ship is; or
- b)the offence is likely to jeopardize public order or security; or
- c)the offence is regarded as criminal offence under the law of the State where the ship is; or
- d)the offence has been committed against a person who is not a crew member; or
- e)the instigation of criminal proceedings is essential for the suppression of illicit traffic in drugs, psychotropic substances and arms. 3. The provisions of paragraph 2 of this Article shall not prejudice the rights of the competent authorities of either Contracting Party in all matters concerning the enforcement of the laws and regulations relating to the entry of foreigners, to customs, public health and other measures of control over the safety of ships and ports, the protection of human life and the safety of goods. ARTICLE 14 1. When a ship of a Contracting Party runs aground, suffers damage, is shipwrecked or is involved in any other maritime accident off the coast of the other Contracting Party, such ship, the cargo therein, the master, its crew and the passengers in danger shall be granted by the latter Party the same protection and assistance as are extended to a ship flying its flag, and this Party shall notify the appropriate authorities of the Contracting Party concerned without delay. 2. The maritime casualties mentioned above shall be investigated by the authorities, which are to be named by each Contracting Party with regard of the other Contracting Party, when the public interest is involved, and in any case whenever such an incident causes the sinking of the ship, its abandonment or loss of human life. Results of the investigation shall be communicated by the designated authorities as soon as possible to the appropriate authorities of the other Contracting Party. 3. When a ship is involved in an accident or suffers damage, the Contracting Parties shall exempt from customs duties, dues and other taxes, which are applicable to cargo, equipment, material, provisions and other articles unloaded or saved from the ship, provided they are not delivered for use or consumption in the territory of the other Contracting Party. ARTICLE 15 1. In view of assuring effective implementation of the present Agreement and facilitating maritime transport between their States, the Contracting Parties shall establish a Joint Maritime Committee, which will be composed of representatives nominated by the competent maritime authorities of the two Contracting Parties. 2. The Joint Maritime Committee shall meet not later than three month after the request of the other Contracting Party is made, unless otherwise mutually agreed. 3. The Joint Maritime Committee shall:
- a)review the situation with regard to their bilateral and international maritime transport;
- b)study the ways of enhancing cooperation in maritime sectors; and
- c)discuss matters, which might arise from the application of the Agreement, and all other matters relating to the improvement of maritime transport relations. 4. The Joint Maritime Committee is entitled to submit the competent authorities of the Contracting Parties any recommendations which it considers useful. 5. The rules of procedure of the Joint Maritime Committee shall be established by common agreement between the Authorities referred to in paragraph 1 of this Article. 6. If either of the Contracting Parties considers it necessary to modify the terms of this Agreement, such modification may be proposed and realised by an exchange of notes through the diplomatic channels. ARTICLE 16 1. Each of the Contracting Parties shall notify the other Contracting Party of the completion of the constitutional formalities required to bring this Agreement into effect. The Agreement shall come into force on the first day of the second month from the date of the latter notification. 2. This Agreement shall remain in force for an indefinite period. It may be terminated at any time by either Contracting Party notifying the other in writing through diplomatic channels. In such a case, the Agreement shall cease to have effect one year after such notification. IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Agreement. Done at .Bruxelles on 23 April, 2002 in two originals, in the Lithuanian, French, Dutch and English languages. In case of any divergence in interpretation, the English text shall prevail. For the Government of For the Governments of the Republic of Lithuania the Kingdom of Belgium and the Grand Duchy of Luxembourg