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BM362

BM362 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE CABINET OF MINISTERS OF UKRAINE ON CO-OPERATION AND MUTUAL ASSISTANCE IN THE FIELD OF PREVENTION OF EMERGENCIES AND ELIMINATION OF THEIR CONSEQUENCES The Government of the Republic of Lithuania and the Cabinet of Ministers of Ukraine (hereinafter referred to as the Parties), Being aware of the danger of emergencies to both states; Recognising that co-operation in the field of prevention of emergencies and elimination of the consequences thereof contributes to the prosperity and safety of both states; Recognising the benefits that the Parties can get from the exchange of scientific and technical information in the above mentioned field; Being aware of the probability of emergencies, the consequences of which the Parties may not be able to eliminate with their own resources, and of the necessity therefore to take co-ordinated action for the prevention of emergencies and the elimination of the consequences thereof; Acting in support of the efforts of the United Nations Organisation in the field of prevention of emergencies and elimination of the consequences thereof; having regard to and respecting the universal norms and regulations recognised by different international organisations as well as the relevant international conventions and treaties, and seeking to contribute to the development of the pertinent national legal acts; Having regard to the Agreement on Friendship and Co-operation between the Republic of Lithuania and Ukraine dated 8 February 1994, have agreed: Article 1 Scope

  1. The aim of the present Agreement is to enable the Parties to mutually provide, in accordance with the resources available to them, assistance to each other in the event of emergencies, when the requesting Party is unable to independently prevent them or eliminate the consequences thereof.
  2. The present Agreement shall regulate the terms and conditions of voluntary assistance provided on the basis of the request of the requesting Party as well as other forms of co-operation. Article 2 Definitions The terms used in the present Agreement shall bear the following meaning: requesting Party means the Party which requests the other Party to provide assistance; assisting Party means the Party which meets the request of the other Party for assistance; rescue team means the group of specialists of the assisting Party, which has been designated to provide assistance and is adequately prepared and has the necessary equipment; individual expert means a specialist in a certain field designated to provide assistance in the territory of the requesting Party; equipment means technical equipment and transport vehicles, necessary for providing assistance, including the materials required for their operation, the rescue equipment of the rescue team, rescue dogs and personal belongings of the members of the rescue team; aid supplies means all material goods intended for free distribution among the population affected by the emergency; transit state means the state through which territory the rescue teams, equipment and aid supplies are transported to the third countries, in accordance with the agreements concerning the prevention of emergencies and the elimination of the consequences thereof that the Parties had concluded with such states; emergency means the violation of normal life conditions and human activity, caused by an accident, catastrophe, natural disaster or other hazardous event, that may lead or have led to human and material casualties. Article 3 Principles of Rendering Assistance
  3. In their endeavour to provide forthwith relevant information and assistance on reciprocal basis in the event of the emergency or in the event of the threat thereof, the Parties shall co-operate pursuant to the provisions of this Agreement and in accordance with the universally recognised international norms and principles.
  4. In the event of the emergency in the territory of the Party, it may request the other Party for assistance. The assisting Party shall render assistance to the requesting Party by providing resources necessary for extinguishing fires, rendering technical and medical assistance, as well as carrying out other relief tasks, and for eliminating the consequences of floods, radioactive and chemical contamination, ecological disasters and the effects of other emergencies.
  5. The Parties shall provide assistance to each other in accordance with the means available to them.
  6. The requesting Party shall take action to ensure the unhindered and free of charge distribution of aid supplies exclusively among the inflicted population.
  7. The members of the rescue teams and/or individual experts shall be entitled to wear a uniform in the territory of the state of the requesting Party. Article 4 Request for Assistance and Exchange of Information
  8. Assistance shall be provided on the basis of a written request, or, in case of extreme emergency, on the basis of a verbal request to be confirmed forthwith in writing. In the request, the requesting Party shall indicate the place, time and date, the nature and the scope of the emergency and shall communicate the information about the characteristics of the current situation, the assistance measures already taken and planned, the required support and its priority areas.
  9. The Authorised body of the assisting Party shall, within the shortest possible time, take decision on providing assistance and inform the requesting Party of its possibilities, the scope and the terms of assistance.
  10. Requests of the Parties for assistance shall be communicated and received through diplomatic channels.
  11. The data referred to in paragraph 1 of this Article shall be subject to regular update in order to ensure adequate information about the development of the situation. Article 5 Transit The Parties shall provide, in accordance with this Agreement and on the basis of the received request, all necessary support for the transportation of the rescue teams, equipment and aid supplies across their territory when the state is a transit state. Article 6 Authorised Bodies and Points of Contact
  12. The Parties shall designate or establish one or more responsible public institutions (hereinafter referred to as the Authorised bodies) for the purpose of implementation of this Agreement and co-ordination of activities provided for in it. For the purpose of this Agreement the Authorised bodies are: - in the Republic of Lithuania, the Ministry of Interior, the Ministry of National Defense. - in Ukraine, the Ministry of Emergencies and Affairs of Population Protection from the Consequences of Chernobyl Catastrophe.
  13. Without prejudice to the existing bilateral and multilateral agreements, the Parties shall designate or establish one or more points of contact for the purpose of notification of emergencies and provision of assistance in the event thereof.
  14. The Parties shall notify in writing through diplomatic channels of designations and changes relating to the Authorised body/bodies and the point/points of contact. Article 7 Joint Working Group
  15. For the purpose of implementation of this Agreement the Authorised bodies shall set up a Joint Working Group for co-operation in the field of prevention of emergencies and elimination of the consequences thereof. The Authorised bodies shall define the conditions of establishment of the Joint Working Group as well as the functions thereof.
  16. The Joint Working Group shall convene its meetings on the basis of rotation in the Republic of Lithuania and Ukraine once a year or as necessary in accordance with the decision taken by the Authorised bodies. Article 8 Co-ordination and Command of Assistance in the Event of Emergencies
  17. The Authorised body of the requesting Party shall co-ordinate, command and supervise the activities of the rescue teams through their leaders.
  18. The Authorised body of the requesting Party shall inform the leaders of the rescue teams about the current situation in the area of the emergency or specific sites of operation and, whenever necessary, shall provide the rescue teams with interpreters and the means of communications for maintaining contact with the headquarters responsible for the co-ordination of all search and rescue operations and other immediate work.
  19. The rescue teams should have equipment required for no less than 72 hours of autonomous operation since their arrival at the zone of the emergency.
  20. The Authorised body of the requesting Party shall ensure the safety of the members of the rescue teams and provide them with free medical assistance, meals and temporary accommodation, as well as with the basic articles of sustenance after their stocks run out. Article 9 Procedure for Border Crossing and Rules of Temporary Stay of Rescue Teams
  21. In order to ensure effectiveness and timely operation, the rescue team, each member of which has a travel document permitting the border crossing, shall cross the state border by way of simplified procedure. The leader of the rescue team shall submit at the border crossing point the document issued by the Authorised body of the assisting Party, confirming the designation of the rescue team and the list of the members thereof.
  22. The procedure for crossing the state border by the rescue dogs and their temporary stay in the territory of the requesting Party shall be established on case-by-case basis in accordance with the existing quarantine regulations of the requesting Party.
  23. The members of the rescue teams staying in the territory of the requesting Party shall honour the national legal acts thereof.
  24. The rescue teams, their equipment and aid supplies may be transported by appropriate transport vehicles ensuring their fastest possible arrival at the point of destination.
  25. The Authorised bodies shall establish the procedure for the use of transport vehicles for providing assistance.
  26. When using transport vehicles for providing assistance pursuant to the present Agreement, permission for international transporting and insurance shall not be required and payments for highways and other roads shall not be charged. The transport vehicles shall bear distinguishing signs. Article 10 Bringing Into, Taking Out of and Carrying in Transit of Equipment and Aid Supplies
  27. Customs clearance of the equipment, aid supplies and personal belongings of the members of the rescue teams that are brought into and taken out of the country shall be executed, pursuant to the present Agreement and the existing legislation of the states of Parties, according to a simplified procedure and as a matter of priority. The leader of the rescue team shall, upon crossing the state border, submit a separate list of the equipment required for the performance of tasks of the rescue team and a separate list of the goods brought into as aid supplies, to the customs authorities of the requesting Party.
  28. Due to extreme urgency the border crossing shall take place at a point other than a border crossing point. In this case Authorised bodies of the Parties shall notify each other and their competent institutions of this border crossing and shall immediately submit to them the lists mentioned in the paragraph 1 of the present Article.
  29. In accordance with the existing legislation of the states of the Parties, the pharmaceutical products containing narcotic and psychotropic substances shall be brought into only in the quantity that is necessary for rendering medical assistance. They shall be administered only by the qualified medical personnel in accordance with the relevant regulations. In this case the leader of the rescue team shall submit to the customs officials a declaration listing pharmaceutical products containing narcotic and psychotropic substances and specifying their Nomenclature codes and quantity.
  30. The competent institutions of the requesting Party may monitor the use and storage of the pharmaceutical products containing narcotic and psychotropic substances.
  31. The unused pharmaceutical products containing narcotic and psychotropic substances shall be brought out of the territory of the requesting Party. The certificate of the used pharmaceutical products containing narcotic and psychotropic substances signed by the leader and the physician of the rescue team and authenticated by the Authorised body of the requesting Party shall be submitted for customs inspection of the requesting Party.
  32. The equipment and aid supplies shall not be subject to prohibitions and restrictions applicable to the bringing in and taking out of goods. It shall be prohibited to bring in and take out arms and ammunition, except for bringing in and taking out of explosives required for providing assistance. Article 11 Use of Aircraft
  33. Aircraft may be used for the purpose of transportation of the rescue teams and/or individual experts, equipment and aid supplies.
  34. The flights of aircraft shall be conducted in accordance with the standards and directives of the International Civil Aviation Organisation (ICAO) and the civil aviation legal acts of the Parties.
  35. In case the decision to use aircraft is made, the Authorised body of the assisting Party shall notify the Authorised body of the requesting Party, by specifying the following data: - the type and identification signs of the aircraft; - the state of origin, the state of registration and the registration mark of the aircraft; - the number of the crew members and the list of passengers; - the nature of transported cargo (specifying the equipment and aid supplies), - the planned flight route as well as the intended place and time of takeoff and landing. Article 12 Reimbursement of Expenses
  36. The requesting Party may at any time recall the request for assistance, notifying forthwith the assisting Party of such decision.
  37. Unless the Parties have agreed otherwise, assistance shall be provided free of charge.
  38. The aircraft of the assisting Party used for providing assistance shall be exempt from the fees due on the transit flight, landing, takeoff and navigation services.
  39. The Authorised bodies of the Parties shall, when aircraft is used for providing assistance, agree on case-by-case basis on the reimbursement of expenses relating to the supply of fuel and maintenance services rendered to the aircraft. Article 13 Compensation for Damage
  40. Parties shall waive their claim to each other for damages arising in the course of the execution of the tasks under the provisions of this Agreement when: - the damage to property or the environment is caused by a member of the rescue team and/or individual expert; - a member of the rescue team and/or individual expert is injured or the damage is caused to his or her health or results in his or her death.
  41. When a member of the rescue team and/or individual expert causes damage to the legal or natural person in the territory of the requesting Party during the execution of activities relating to this Agreement, the liability for the compensation for damage shall be borne by the requesting Party, in accordance with its state legislation applicable to the damage caused by its citizens.
  42. The liability for the compensation of damages arising from negligence or caused intentionally by a member of the rescue team and/or individual expert shall be borne by the assisting Party, provided the fact of intentional damage is proved by the court of the requesting Party. Article 14 Relationship with Other International Agreements The present Agreement shall not affect the rights and obligations of the Parties arising from other international agreements. Article 15 Settlement of Disputes The Authorised bodies of the Parties shall settle any disputes that may arise from the interpretation or application of the present Agreement by way of negotiations. If no mutual agreement is reached, the dispute shall be settled through diplomatic channels. Article 16 Amendments to the Agreement
  43. This Agreement may be amended on mutual consent of the Parties by signing protocols which thereafter become part of the Agreement.
  44. The Protocols shall enter into force in accordance with paragraph 1 of Article 17 of this Agreement. Article 17 Final Provisions
  45. The present Agreement shall enter into force on the 30th day following the receipt of the last diplomatic note in which the Parties notify each other of having met their state legal requirements necessary for the entry into force of the Agreement.
  46. The present Agreement is concluded for an indefinite term. The Agreement may be terminated by any Party by notifying of it in writing through diplomatic channels. The Agreement shall cease to be valid within six months from the date when the other Party receives the communication on the termination of the Agreement.
  47. The termination of the present Agreement, unless otherwise agreed by the Parties, shall not affect the fulfilment of obligations assumed during the validity of the Agreement. Done in Kiev on 5 June 2003, in two copies each in the Lithuanian, Ukrainian and English languages, all the texts being equally authentic. In case of differences in interpretation of the present Agreement, the English text shall prevail. For the Government of the Republic of Lithuania For the Cabinet of Ministers of Ukraine

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