A G R E E M E N T A G R E E M E N T BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA, THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA C O N C E R N I N G THE BALTIC BATTALION PREAMBLE Following the Agreement between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania concerning the establishment and formation of a joint Peacekeeping Unit, signed in Riga on 13 September, 1994, in the following referred as the Agreement of 1994; In the light of the recent developments in international peace-keeping and peace- support operations redefined position on the applicability of the Baltic Peacekeeping Battalion, Considering the reached common understanding on the developing of the Baltic Peacekeeping Battalion into an infantry Battalion, hereinafter renamed as the Baltic Battalion; Noting the need to define the conditions on which the Baltic Battalion is established and maintained, The Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania, in the following referred to as the Contracting Parties, have agreed on the following principles concerning the formation, training, application and deployment of the Baltic Battalion: PART I. GENERAL ARTICLE I 1. In the following the expression "Baltic Battalion" means the combined infantry battalion, established by the Contracting Parties in accordance with the Agreement, eligible for peace support operations and operations contributing to regional stability, mandated by international organisations and conducted in accordance with the United Nations Charter. 2. Decisions concerning actual Baltic Battalion deployment in operations shall be taken in consensus between the Contracting Parties and shall follow national legislation and procedures. 3. The Baltic Battalion is formed, equipped and trained by each of the Contracting Parties in accordance with Part III of this Agreement. Administrative arrangements concerning the organisation, troop contributions, assignment of personnel, equipment and training shall be concluded by the Contracting Parties in accordance with Article III of this Agreement. 4. While in the territory of any of the Contracting Parties due to activities connected to the Baltic Battalion, the Contracting Parties agree that the Agreement among the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace regarding the status of their Forces, in the following referred to as the PfP SOFA, shall govern the relationship between the Contracting Parties as for status of their forces. ARTICLE II 1. The Baltic Battalion shall have its own identity cards. 2. The Baltic Battalion shall have its own flag, emblem and seal. 3. While in the territory of any of the Contracting Parties personnel of the Baltic Battalion shall be allowed to carry and use weapons in the line of duty, when authorised to do so by their orders. Orders to the personnel of the Baltic Battalion shall be issued in accordance with national restrictions on the use of weapons. 4. The Contracting Parties agree to provide support for the Baltic Battalion when hosting any activity connected to the Baltic Battalion. The terms on which support will be rendered shall be laid down in administrative arrangements, concluded in accordance with Article III of this Agreement. 5. The official language of the Baltic Battalion is English. PART II. ORGANIZATION AND AUTHORIZATION ARTICLE III 1. Within the scope of this Agreement, a Protocol, supplementary to this Agreement, concerning the status of the Baltic Battalion, while on the territory of any of the Contracting Parties, shall be concluded. 2. Within the scope of this Agreement, the Contracting Parties authorise the Ministers of Defence, or other responsible authorities of the Contracting Parties, to conclude necessary administrative arrangements and procedures for the activities of the Baltic Battalion. 3. The Contracting Parties authorise responsible authorities of the Contracting Parties to conclude administrative arrangements concerning simplified border crossing and weapons transportation procedures for the Baltic Battalion personnel. ARTICLE IV 1. The Contracting Parties agree to establish a combined control mechanism in order to direct, supervise and audit the operations of the Baltic Battalion. This mechanism shall comprise the following:
- a)Ministerial Committee (MC) consisting of Ministers of Defence of the Contracting Parties;
- b)Baltic Military Committee (BMC) consisting of the Chiefs of Defence of the Contracting Parties; The MC and BMC may establish subordinated working groups to accomplish their tasks. 2. The MC embodies the highest political authority over the Baltic Battalion and shall among other things:
- a)give policy guidance on development of the Baltic Battalion for the BMC;
- b)make major decisions on development of the Baltic Battalion;
- c)approve the budget of the Baltic Battalion;
- d)review annually the progress of the Baltic Battalion;
- e)resolve disputes that occur in the BMC;
- f)audit accounts and expenditures against the budget by auditors appointed by the MC;
- g)approve the Terms of Reference for the Commander, Deputy Commander and Chief of Staff of the Baltic Battalion;
- h)approve a development plan and annual plan of activities of the Baltic Battalion;
- i)make decisions on financing, account and auditing, procurement of equipment and weaponry of the Baltic Battalion;
- j)approve the form of the identification card and seal of the Baltic Battalion. 3. The BMC embodies the highest military command authority over the Baltic Battalion as the CHOD's will retain Full Command over all their national personnel assigned to the Baltic Battalion. BMC shall among other things:
- a)make recommendations to the MC on policy, the development of the Baltic Battalion, organisation, structure, training and material including operating procedures;
- b)approve the form and use of the flag and the emblem of the Baltic Battalion;
- c)review structural and organisational matters of the Baltic Battalion;
- d)present a development plan and an annual plan of activities to the MC for approval, take responsibility for execution of approved policy;
- e)present the annual budget of the Baltic Battalion to the MC for approval;
- f)issue operational orders and Standing Operational Procedures to the Baltic Battalion;
- g)present the Terms of Reference for the Commander, Deputy Commander and Chief of Staff of the Baltic Battalion for the approval of the MC;
- h)review implementation of the development plan and an annual report on the development to the MC; on the grounds of previous audits - supervise the implementation of a development plan and the utilisation of equipment given to the Baltic Battalion;
- i)present suggestions on financing, account and auditing, procurement of equipment and weaponary of the Baltic Battalion to the MC for decision;
- j)approve the training standards of the Baltic Battalion;
- k)present controversial issues to the MC. PART III. THE BALTIC BATTALION ARTICLE V 1. The Baltic Battalion shall be composed of national contingents of national armed forces. The posts of Commander, Deputy Commander and Chief of Staff of the Baltic Battalion shall rotate among the Contracting Parties and the rotation period will be laid down in administrative arrangements between responsible authorities of the Contracting Parties. National recruiting and enlistment for national contingents shall be carried out according to national legislation. 2. Appointment of Commander, Deputy Commander and Chief of Staff of the Baltic Battalion, being a national responsibility, will prior to the appointment be approved by the BMC. 3. Appropriate Command and Control authority shall be granted to Commander of the Baltic Battalion by the BMC as needed to carry out assigned missions or training. 4. The senior officer of each national contingent shall be designated as national contingent Commander and shall be given the power by his national authorities to exercise disciplinary power over all members of his contingent. The Commander of the Baltic Battalion and his subordinate Commanders may require that disciplinary procedures envisaged under the appropriate national legislation are exercised on their subordinates by the Commander of the national contingent where this is needed to uphold good order and military discipline. The national contingent Commanders shall apply their national disciplinary rules, to include delegation authority within the national contingent and take appropriate actions to maintain order and discipline within the Baltic Battalion. 5. The Commander of the Baltic Battalion may recommend disciplinary punishment for his immediate subordinates of another national contingent to the Baltic Military Committee. The BMC shall direct the recommendation to the appropriate national authority who exercises disciplinary power over the individual. ARTICLE VI 1. The training of eligible national troop contributions to the Baltic Battalion remains the responsibility of each of the Contracting Parties. The principles for training standards and training shall be developed by the Commander of Baltic Battalion and submitted to the national training authorities of the Contracting Parties after approval by the BMC. 2. The training of the Baltic Battalion in the territories of the Contracting Parties shall be conducted according to the annual plan of activity of the Baltic Battalion prepared by Commander of the Baltic Battalion and approved by the MC via the BMC. 3. The conditions and responsibilities governing the internal organisation of the Baltic Battalion during deployment shall be laid down in separate arrangements relating to the specific mission. PART IV. FINAL PROVISIONS ARTICLE VII 1. Disputes between the Contracting Parties regarding the interpretation or application of this Agreement shall be resolved by negotiation between the Contracting Parties and shall not be referred to international tribunals or third parties for settlement. 2. Any of the Contracting Parties may at any time request the revision of any Article of this Agreement. The request shall be addressed to the Depository which shall notify all the other Contracting Parties of each such notification and the date of the receipt thereof. 3. This Agreement shall prevail on the 1994 Agreement in case of any disputes regarding interpretation. ARTICLE VIII 1. The Government of the Republic of Latvia shall act as the official Depository for this Agreement. 2. The present Agreement shall be ratified and the instruments of ratification shall be deposited at the Depository, which shall notify each of the signatories of the date of deposit thereof. 3. The present Agreement shall come into force on the thirteenths day from the date of the deposit of the last instrument of ratification. ARTICLE IX 1. The present Agreement is concluded for an unlimited period of time. It may be denounced by any of the Contracting Parties by written notification to the Depository which shall notify all the other Contracting Parties of each such notification and the date of the receipt thereof. 2. The denunciation shall take effect 6 months after the receipt of the notification by the Depository, but not earlier than the end of the period of duty in any operation being conducted by the Baltic Battalion. Done in Talin on 10 December 1997 in three original copies, each drawn up in the English, Latvian, Estonian and Lithuanian languages, all texts being equally authentic. In case of different interpretation the English version will prevail. FOR THE REPUBLIC OF LATVIA FOR THE REPUBLIC OF ESTONIA FOR THE REPUBLIC OF LITHUANIA