Zaudējis spēku - MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF ESTONIA, THE MINISTRV OF DEFENCE OF THE REPUBLIC OF LA

Zaudējis spēku - MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF ESTONIA, THE MINISTRV OF DEFENCE OF THE REPUBLIC OF LATVIA AND THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF LITHUANIA CONCERNING THE OPERATION, ADMINISTRATION AND FUNDING OF THE BALTIC DEFENCE COLLEGE Uzmanību! Jūs lietojat neatbilstošu interneta pārlūkprogrammu. Lai varētu lietot visas Likumi.lv piedāvātās iespējas, piedāvājam BEZ MAKSAS ielādēt jaunāku pārlūkprogrammas versiju. Iesakām izmēģināt arī vietnes MOBILO VERSIJU - m.likumi.lv (piemērota arī mazāk jaudīgiem datoriem). nerādīt turpmāk šo paziņojumu Apstiprināt Paldies par viedokli!   Rādīt vēlāk LATVIJAS REPUBLIKAS TIESĪBU AKTI veidi tēmas visvairāk skatītie jaunākie LV  EN uz sākumu meklēt Izvērstā meklēšana Noklusējuma vērtības Izvērstā meklēšana Kā meklēt? Meklēt nosaukumā meklēt locījumos meklēt frāzi Meklēt tekstā meklēt locījumos meklēt frāzi Izdevējs Veids nemeklēt grozījumos Pieņemts Stājas spēkā Dokumenta Nr. līdz līdz Publicēts LV Zaudējis spēku Redakcija uz līdz līdz Statuss: spēkā esošs vēl nav spēkā zaudējis spēku meklēt notīrīt MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF DEFENCE OF THE REPUBLIC OF ESTONIA, THE MINISTRV OF DEFENCE OF THE REPUBLIC OF LATVIA AND THE MINISTRY OF NATIONAL DEFENCE OF THE REPUBLIC OF LITHUANIA CONCERNING THE OPERATION, ADMINISTRATION AND FUNDING OF THE BALTIC DEFENCE COLLEGE LIST OF CONTENTS Section l Introduction Section 2 Definitions Section 3 Organisation and administration of BALTDEFCOL Section 4 Planning and conduct of BALTDEFCOL activities Section 5 Educational plans and course vacancies Section 6 Student selection and premature departure from courses Section 7 Manning Section 8 Responsibilities of the Commandant and the Management and Directing Staff Section 9 Status of BALTDEFCOL and its personnel Section 10 Language Section 11 Infrastructure, accommodation, equipment, host nation and hosting participant support Section 12 Financial and accounting provisions Section13 Security of information and visits Section 14 Final provisions LIST OF ANNEXES A. Terms of Reference for BALTDEFCOL Ministerial Committee and Military Committee B. Terms of Reference for BALTDEFCOL Co-ordination Group C. Terms of Reference for BALTDEFCOL Commandant D. Financial, Accounting and Auditing Procedures E. Responsibilities of the Baltic Participants, including Host Nation Support Section l INTRODUCTION 1.1. As authorised by the Agreement between the Government of the Republic of Estonia, the Government of the Republic of Latvia and the Government of the Republic of Lithuania concerning the Baltic Defence College, signed in Brussels on June the 12l, 1998, hereinafter referred to as the Agreement, the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania, have reached the following understanding concerning the operation, administration and funding of the Baltic Defence College. 1.2. The purpose of this Memorandum of Understanding (MOU) is to establish policies, procedures and arrangements between the Participants for their mutual support to the establishment, operation and funding of the Baltic Defence College. 1.3. The provisions of this MOU do not intend to conflict with the national laws of the Participants, or with international law. If conflicts arise the interested States and authorities will be notified and international law, the current international agreements or national laws of the Participants will prevail. l.4. Annexes A to E complete the provisions of this MOU, which are integral parts of the MOU. Section 2 DEFINITIONS 2.1. "Baltic Defence College" (BALTDEFCOL) means the institution hereafter operated, administered and funded in accordance with this MOU, established by the Agreement and in the support period, operated in accordance with the Memorandum of Understanding between the Minister of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia, represented by the Minister of Defence of the Republic of Latvia, the Minister of National Defence of the Republic of Lithuania, and the Minister of Defence of the Kingdom of Denmark, the Minister of Defence of the Republic of Finland, the Minister of Defence of the Federal Republic of Germany, The Minister of Defence of the Kingdom of the Netherlands, the Minister of Defence of the Kingdom of Norway, the Minister of National Defence of the Republic of Poland, the Minister of Defence of the Kingdom of Sweden, and the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland concerning the Co-operation in the Establishment, Operation, Administration and Initial Funding and Secondment of Staff to a Baltic Defence College in the Republic of Estonia, signed in Brussels on the 12th of June 1998, and in the following referred to as MOU concerning support to BALTDEFCOL. 2.2. "Participants" means the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania. 2.3. "Seconding States" means those states other than the Participants, which support BALTDEFCOL by secondment of staff, as guided by separate co-operation agreements. 2.4. "Baltic Management Group" (BMG) means the forum established in the meeting of the Ministers of Defence of Estonia, Latvia and Lithuania on 7 May 1999 with the purpose of managing the Baltic military co-operation projects, as described in its Terms of Reference. 2.5. "Hosting Participant" means the Ministry of Defence of the Republic of Estonia. 2.6. "Hosting Participant Support" means the support rendered by the Hosting Participant. 2.7. "Host Nation" means the Participant, on whose territory BALTDEFCOL activities are conducted. 2.8. "Host Nation Support" means the support rendered to BALTDEFCOL by the Host Nation in accordance with this MOU. 2.9. "Management Staff" member means the residing BALTDEFCOL staff that has been seconded by a Participant or a Seconding State and whose main function is the general management of BALTDEFCOL. The Management Staff consists of the Commandant, the Course Director, the Chief of Staff, the Dean, and the College Sergeant Major. 2.10. "Directing Staff" member means the residing BALTDEFCOL staff that has been seconded by a Participant or a Seconding State or hired on contract with BALTDEFCOL and whose main function is teaching and tutoring BALTDEFCOL students. 2.11. "Support Staff" member means the residing BALTDEFCOL staff that is employed on contract with BALTDEFCOL or seconded by the Hosting Participant to give practical support to BALTDEFCOL and its activities. Section 3 ORGANISATION AND ADMINISTRATION OF BALTDEFCOL 3.1. To direct, supervise and audit BALTDEFCOL activities, the Participants agree to set up: a) A Ministerial Committee (MC) consisting of the Ministers of (National) Defence or their designated representatives; b) A Military Committee (MilC) consisting of Chiefs of Defence of the Participants or their designated representatives. Tasks and procedures of MC and MilC are elaborated in Annex A. 3.2. The BMG acts in support of MC, and performs management, planning and administration in accordance with its Terms of Reference. 3.3. To facilitate close co-operation in the area of BALTDEFCOL courses, student administration and activities, the Participants have established the BALTDEFCOL Co-ordination Group. The Terms of Reference of BALTDEFCOL Co-ordination Group (BCG) are set out in Annex B. Seconding States are invited to be represented in BCG as observers. 3.4. Educational and administrative standards at BALTDEFCOL will be evaluated annually. Section 4 PLANNING AND CONDUCT OF BALTDEFCOL ACTIVITIES 4.1. BALTDEFCOL Annual Activity Plan means the outline of BALTDEFCOL events and activities, to be developed and approved annually in accordance with Annexes A and B, and forming the basis for BALTDEFCOL Budget estimate and the budgeting of the Participants. The Annual Activity Plan will describe the maximum number of students in the different courses, include a list of the activities to be held either in the territories of the Participants or abroad as well as describe the resulting required level of support. 4.2. BALTDEFCOL Long Term Development Plan means the plan to be developed and approved in accordance with Annexes A and B, for the development and operation of BALTDEFCOL. It covers as a minimum the outline annual activity plans, an outline of BALTDEFCOL Budgets as well as secondment of personnel for Management and Directing Staffs for the next five years. The plan is rolled and updated annually. The Commandant recruits budget-paid Support and civilian Directing Staff according to the procedure established in Section 7.3. 4.3. BALTDEFCOL White Book means the annual report developed by the Commandant in accordance with his/her Terms of Reference and submitted to MC, covering all BALTDEFCOL activities within the last calendar year as well as proposals for development and improvement of BALTDEFCOL and its activities. 4.4. The activities of BALTDEFCOL courses will normally take place at the location of BALTDEFCOL. Training outside BALTDEFCOL location will be conducted in accordance with the Annual Activity Plan as planned distributed learning phases of the courses or bilateral students exchange programmes as described in the annual budgets. 4.5. BALTDEFCOL will obtain appropriate approval in advance from either of the Participants before conducting or directing activities in connection to the co-operation within BALTDEFCOL on the territory of the Participants concerned. Section 5 EDUCATIONAL PLANS AND COURSE VACANCIES 5.1. The purpose of BALTDEFCOL is to educate and further the personal and professional development of the personnel of the Participants as well as participate in the enhancement of academic studies in selected, relevant fields - all in close interplay with the Military (National Defence) Academies of the three states. 5.2. As its core function BALTDEFCOL will each year conduct a Joint Command and General Staff Course. The length of the course will be proposed for approval in the Annual Activity Plans. BCG must approve changes of the curriculum of the course. The general aim of the Joint Command and General Staff Course is to qualify the students to serve in policy-making and long term planning staff officer positions in the national main staffs and Ministries of (National) Defence as appropriate as well as in NATO staffs or other international staffs that work according to NATO procedures and formats. The course will prepare the students for later command of formations at infantry brigade and military region level. The specific aim will be adjusted as decided by the MilC. 5.3. Secondarily, in support of its core function and subject to the attendance of an adequate number of students, BALTDEFCOL will each year conduct a Civil Servants Course and a Higher Command Studies Course or a Colonels Course unless otherwise agreed in the Long Term Development Plan. The specific aim of Joint Command and General Staff Course and Higher Command Studies Course/Colonels Course will be adjusted as decided by the MilC. Other courses and activities may be conducted if so agreed in the Long Term Development Plan. 5.4. Course vacancies, agreed by the Participants, are in principle distributed between the Participants on the basis of 1/3 to each. In case a Participant finds it impossible to send the agreed number of students, the vacant place will be offered to the other Participants through BCG. Courses should, in principle, have students from more than one Participant. If only one of the Participants sends students to a course, the further conduct of that course will be subject to recommendation of MilC and decision of MC. 5.5. Courses at BALTDEFCOL will be open to students from other states, subject to prior approval of the Participants. The Hosting Participant will conclude all necessary administrative arrangements, reflecting, inter alia, the status of the personnel, fees and costs to be paid, as well as accommodation and facilities to be provided. In case an administrative arrangement affects the relationship between any other Participant and any other State, the arrangement will be referred to that Participant for approval. Section 6 STUDENT SELECTION AND PREMATURE DEPARTURE FROM COURSES 6.1. The selection of the students is a national responsibility of the Participants. The criteria for selection and preparation of the students are co-ordinate by BCG. 6.2. The Commandant develops the criteria and procedures for return of students to their own forces or structures during a course and submits it for BCG approval. Procedures will always include a close consultation with the Participant concerned and the respective National Representative. Section 7 MANNING 7.1. The Management and Directing Staff posts to be manned at BALTDEFCOL by the Participants will be identified in the Long Term Development Plan. The Participants are responsible for timely and adequate preparation, posting and rotation of their personnel. 7.2. In accordance with the Agreement, Article IV, a Commandant heads BALTDEFCOL. The responsibilities of the Commandant are laid down in Section 8 of this MOU and in the Terms of Reference set out in Annex C. The post of Commandant will, unless otherwise agreed, rotate among the Participants. The procedures for appointment and rotation period are laid down in Annexes A and C. 7.3. The Commandant is authorised to hire Support Staff and civilian Directing Staff members within the framework of the approved annual BALTDEFCOL Budget. A manning table is submitted as an enclosure to the draft BALTDEFCOL Budget. Section 8 RESPONSIBILITIES OF THE COMMANDANT AND THE MANAGEMENT AND DIRECTING STAFF 8.1 The Commandant is via the MilC responsible to the MC. The Commandant's national responsibilities are limited to a national instruction that will be approved by the MilC and MC. The Commandant's responsibilities related to the BALTDEFCOL Support, and Management and Directing staffs are specified in the Terms of Reference as laid down in Annex C. 8.2. The BALTDEFCOL Management and Directing Staff is responsible to the Commandant for the detailed planning and running of BALTDEFCOL courses according to the curricula approved by BCG and as directed by the Commandant. a) A Course Director who, at the same time, is Deputy Commandant of BALTDEFCOL heads the Directing Staff, assisted by the Dean in relation to the civilian academic Directing Staff members. b) A Chief of Staff heads the Support Staff. c) The College Sergeant Major is the main assistant of the Course Director in the management of the courses. 8.3. All personnel assigned to BALTDEFCOL by the Participants will work under the supervision of the Commandant. The Commandant will give directions to all military personnel, appointed as staff or students or otherwise to BALTDEFCOL, as far as the operation of BALTDEFCOL, military orderliness within BALTDEFCOL and its training activities are concerned (see Annex C). Recruited civilian Support and Directing Staff working in BALTDEFCOL will come under the general supervision of the Commandant. 8.4. The Participants will appoint a National Representative, through whom administrative and disciplinary authority over the respective personnel will be exercised. Before initiating any disciplinary action against any staff member or student, the Commandant will be consulted. 8.5. The Course Director and other Directing Staff members will have the authority to issue instructions on professional matters to the students. Section 9 STATUS OF BALTDEFCOL AND ITS PERSONNEL The status of BALTDEFCOL and its personnel is laid down in the "Protocol between the Government of the Republic of Estonia, the Government of the Republic of Latvia and the Government of the Republic of Lithuania concerning the status of BALTDEFCOL and its personnel", signed on 14 June 1999. Section 10 LANGUAGE The English language is the working language of BALTDEFCOL, and will be used in teaching at BALTDEFCOL, except if so agreed for teaching of national subjects. Section 11 INFRASTRUCTURE, ACCOMMODATION, EQUIPMENT, HOST NATION AND HOSTING PARTICIPANT SUPPORT 11.1 The Hosting Participant will make the facilities outlined in Annex E available to BALTDEFCOL, until their availability is revoked. 11.2. BALTDEFCOL will, if requested, assist in finding appropriate accommodation for staff, seconded to BALTDEFCOL as well as accommodation for accompanied students and students from non-Participants where the agreements with the Hosting Participant do not include accommodation in the dedicated student's accommodation buildings. 11.3. The Hosting Participant will make accommodation in the dedicated student accommodation buildings (see Annex E) available for Participant students. Subject to separate arrangements and availability accommodation can be offered on the same terms to unaccompanied students from Seconding States. The student accommodation is described in Annex E. The cost of the accommodation for the coming year will be proposed by the Hosting Participant as part of the annual budgeting procedure. 11.4. Seconded staff, visiting lecturers and students will be ensured access to messing facilities. The costs of messing will be borne in accordance with Annex E. 11.5. When outside BALTDEFCOL location according to the Annual Activity Plan, but on the territory of a Participant, the Participant acting as Host Nation will, on request from BALTDEFCOL, make support available in accordance with Annex E. BALTDEFCOL will, not later than 30 days prior to the start of activities agreed in the Activity Plan, notify the involved Host Nation about the specific and detailed need for support, including the requirements for border crossing. 11.6. Further support deemed necessary by the Commandant, and agreed in the MC, will be provided by either of the Participants and calculated in accordance with Section 13. Section 12 FINANCIAL AND ACCOUNTING PROVISIONS 12.1. The overall management of BALTDEFCOL includes annual planning, budgeting, accounting, reporting and auditing. The budget is intended to meet BALTDEFCOL operational, educational and administrative costs as well as reinvestment in BALTDEFCOL owned equipment. Detailed provisions are laid down in Annex D. 12.2. BALTDEFCOL will maintain a balanced budget. The MC and MilC will be kept fully informed of the financial standing of BALTDEFCOL. 12.3. The costs incurred for personnel provided by Participants, and students from Participants to BALTDEFCOL will be borne by the respective Participant. This includes costs of salaries, accommodation and of travels to and from BALTDEFCOL, including allowances. 12.4. BALTDEFCOL operational costs and the costs of carrying out the Joint Command and General Staff Course, as laid out in the approved annual Budget will as principle and unless otherwise determined by MC be shared among the Participants by 1/3, without regard to whether or not a Participant fails to fill its allocated course vacancies or if a student leaves the course early, and if such course vacancies are not filled subsequently. The costs of carrying out other courses will, unless otherwise decided by the participants, be borne by those of the Participants that take part or otherwise support the specific activity. The cost-sharing key will be set out in BALTDEFCOL Budget. 12.5. If costs arise as a result of claims, contractual as well as non-contractual (unless such claims are covered by applicable Status of Forces Agreements), the Participants will immediately enter into consultation. 12.6. Based on the Commandant's recommendation, BCG will decide the costs and conditions for non-Participant students in each case. 12.7. If equivalent operating costs, linked to the course activities and not connected to the administration and operation of BALTDEFCOL, are identified, the Participants will enter into consultations. Supplementary funding of costs beyond the approved budget will be considered only in extraordinary circumstances and with the prior approval of MC. Contracts, etc with significant financial consequences not explicitly addressed in the budget will be submitted to MC for approval. 12.8. The Hosting Participant is responsible for the administration and utilisation of the buildings and permanent fixtures made available to BALTDEFCOL, as set out in Annex E. The Hosting Participant will, free of charge, provide maintenance of fixed buildings. 12.9. The provisions concerning BALTDEFCOL budget cycle, approval, conclusion and audit of the budget, payments, and administration of assets are determined in Annex D. 12.10. BALTDEFCOL establishes and revises as necessary its own Internal Accounting Regulations, in accordance with the requirements stipulated by Estonian law. Estonian rules on bookkeeping and reporting in the public sector are applied directly or incorporated. BALTDEFCOL provides the Hosting Participant with a copy of the regulations and informs at all times on revisions. The other Participants will be equally provided with copies and updates upon request. Section 13 SECURITY OF INFORMATION AND VISITS 13.1. All classified information exchanged or generated in connection with this MOU will be used, transmitted, stored, handled and safeguarded in accordance with international agreements in force and regulations of the Hosting Participant. All classified information generated at BALTDEFCOL will be considered as classified information generated by the Hosting Participant. Classified information will be protected at BALTDEFCOL pursuant to the national laws of the Hosting Participant and the following provisions. 13.2. BALTDEFCOL will ensure that access to classified information is limited to those persons (students, staffs and visitors) who possess requisite certified security clearances rendered by a competent security authority of the state to which the person belongs (nationality/citizenship). Access to classified information will be rendered on a need-to-know basis only, and no individual will be granted access to classified information solely by virtue of appointment, rank or security clearance. 13.3. BALTDEFCOL will, in co-ordination with the Hosting Participant, develop the guidelines on internal security, exchange of classified information, security clearance and visits. Section 14 FINAL PROVISIONS 14.1. The MOU will come into effect on January lst, 2004. 14.2. The MOU will remain in effect for an unlimited period of time. In case the Agreement is terminated, this MOU will cease to be in force. 14.3. The Participants may amend this MOU at any time by mutual consent; such amendments will be in writing. 14.4. Any Participant may withdraw from the MOU by giving 6 months' notice in writing to the other Participants. If one of the Participants withdraws from the MOU, the Participants will initiate immediate negotiations in order to solve any issues related to the withdrawal. 14.5. The MOU may be terminated by unanimous decision of the Participants. If the Participants decide to terminate the MOU, the Participants will initiate immediate negotiations in order to solve any issues related to the termination. 14.6. All disputes between the Participants, related to the interpretation or application of this MOU will be settled by negotiation. Signed in l (one) original, in the Estonian, Latvian, Lithuanian and English language, in Tallinn on December 12th, 2003, all being equally authentic. In case of different interpretation the English version will prevail. The original MOU will be held by the Ministry of Defence of the Republic of Estonia, which will transmit a certified copy to the Participants. Minister of Defence of the Republic of Estonia Minister of Defence of the Republic of Latvia Minister of National Defence of the Republic of Lithuania Annex A to the Memorandum of Understanding between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania concerning the Operation, Administration and Funding of the Baltic Defence College TERMS OF REFERENCES FOR THE MINISTERIAL COMMITTEE AND THE MILITARY COMMITTEE 1. Representation (1) The following applies to representation in MC: a) A Participant will be represented by the Minister of (National) Defence. When necessary Minister of (National) Defence may designate other representative to act on his/her behalf. Each representative may be advised by experts, who may take part in any discussions at MC; b) Other states and authorities invited by consensus among the representatives may become observers to the meetings. (2) The following applies to representation in MilC: a) A Participant will be represented by the Chief of Defence (Commander of the Armed Forces). When necessary the Chief of Defence (Commander of the Armed Forces) may designate other representative to act on his/her behalf. Each representative may be advised by experts, who may take part in any discussions at MilC; b) Other states and authorities invited by consensus among the representatives may become observers to the meetings. 2. Role and tasks (1) MCwill: a) give political guidance and make principal decisions on the development of BALTDEFCOL1; b) adopt no later than lst of June the BALTDEFCOL Budget for the following year; c) approve no later than lst of June each year the annually rolled BALTDEFCOL Long Term Development Plan. This plan includes the Annual Activity Plans, the linked Budget estimate and Long Term Manning Plan (the Management and Directing Staffs positions to be manned), covering as a minimum the following 5 calendar years; d) approve no later than lst of June each year the annual BALTDEFCOL White Book; e) no later than lst of June approve the annual Budget, and Auditing Reports; f) review the Semi-Annual Budget Report; g) approve the Terms of Reference for the Commandant; h) adopt criteria to be met by candidates for the post of Commandant on MilC recommendation; i) review annually the progress of BALTDEFCOL, including the report of the activities presented in the annual BALTDEFCOL White Book; j) approve of changes to BALTDEFCOL seal and emblem; k) appoint the Commandant; l) resolve disputēs that occur in MilC; m) perform other tasks, as deemed necessary. (2) MilC will: a) make recommendations on policy and development of BALTDEFCOL to MC; b) no later that lst of April present to MC for approval the rolled BALTDEFCOL Long Term Development Plan, (along with the Annual Activity Plans, the linked Budget estimate and Long Term Manning Plan covering the Management and Directing Staffs positions to be manned). The submission will include MilC comments as well as the comments made by the BALTDEFCOL Co-ordination Group; c) review implementation of the annual activities, and give input in these areas to the annual BALTDEFCOL White Book; d) no later than lst of April submit BALTDEFCOL White Book as well as a MilC annual report to MC; e) no later than lst of May submit the annual Budget, and Audit Reports to MC with comments; f) no later than 15th of September submit the Semi-Annual Budget Report to MC with comments; g) develop and present to MC for approval the Terms of Reference for the Commandant; h) suggest criteria to be met by candidates for the post of Commandant to MC; i) interview candidates for the position as Commandant and make recommendation for the appointment to the MC no later than 12 months prior to the start of the posting; j) take responsibility for execution of tasks as directed by MC; k) present to MC for approval the development of the BALTDEFCOL seal and emblem; 1) present issues of concern to MC; m) perform other tasks, as deemed necessary. 3. Procedures (1) The Participant, who holds the position of Lead Nation for BALTDEFCOL, holds the chairmanships of MC and MilC. (2) MC and MilC will, respectively, determinē their own organisation and internai rales, whilst abiding by the following general principles: a) The Committees, respectivelv, will meet at such intervāls as necessary to carry out its responsibilities and as soon as possible in response to a specific request by any of the representatives; b) All decisions of the Committees, respectively, will be agreed by consensus among the representatives. (3) To accomplish their tasks, MC and MilC, respectively, may establish ad hoc working groups. (4) MC Chairmanship is responsible for: a) Referring matters to MC for decision in between the MC meetings, as necessary; b) Recording of MC meetings. (5) MilC Chairmanship is responsible for: a) Referring matters and controversial issues to MC for decision. b) Referring matters to MilC for decision in between the MilC meetings, if necessary. c) Recording of MilC meetings 4. Language The working language of MC and MilC is English. 5. Location of the meetings Hosting of MC and MilC meetings will be rotated between the Participants. The Host Nation will be responsible for preparation and conduct of MC and MilC meetings. 6. Costs Costs related to meetings of MC, MilC or any working group, established in accordance with Section 3 of this Annex, will be covered in accordance with Paragraph l of Article 3 of the Agreement between the Ministry of Defence of the Republic of Latvia, the Ministry of Defence of the Republic of Estonia and the Ministry of National Defence of the Republic of Lithuania on co-operation in the fields of defence and military relations, signed in Vilnius on February 27, 1995. 1 Thus including areas outside the responsibility of the MilC Annex B to the Memorandum of Understanding between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania concerning the Operation, Administration and Funding of the Baltic Defence College TERMS OF REFERENCE OF BALTIC DEFENCE COLLEGE CO-ORDINATION GROUP 1. Representation The following applies to representation at BCG: a) Participants nominate representatives and experts in line with the national division of responsibilities and the meeting agenda. b) The Commandant participates in BCG, without voting rights. c) The Participants can invite other states or institution to participate in the meetings as observers without voting rights. Seconding States are born observers. 2. Role and tasks The BCG refers to MC via MilC in relation to all questions linked to management and development of BALTDEFCOL and directly to MC in relation to bilateral support issues. Its primary role is to review, evaluate, and support BALTDEFCOL activities, use of resources and student administration. It is responsible for supervising the implementation of decisions as directed by MC, and for submitting advice, analysis and assessments to BMG, when so required. As such, the BCG will: a) Approve the Education Plans of BALTDEFCOL. b) Approve the Course Evaluation Criteria and System of BALTDEFCOL. c) Approve the Students' Evaluation Criteria and System of BALTDEFCOL. d) Approve criteria and procedures governing the return of students to their own forces/structures during a course as proposed by the BALTDEFCOL Regulations. e) Act as the forum for the co-ordination of administrative matters related to BALTDEFCOL. f) Process the annual rolling of the Long Term Development Plan, (along with the Annual Activity Plans, the linked Budget estimate and Long Term Manning Plan covering the Management and Directing Staffs positions to be manned), proposed by the Commandant, and submit it no later than lst of March to the MilC for further approval for the further staffing and approval (via BMG). g) Process the annual draft Budget and submit comments no later than lst of March for the further staffing and approval. h) Process the Semi-Annual Budget Report, and submit it no later than lst of September to the MilC for information and further action (via BMG). i) Process and submit comments on the annual BALTDEFCOL White Book to the MilC no later than lst of March for the further staffing and approval (via BMG). j) Process and submit comments within two months of having received the documents on the annual Budget Report and on Budget and Auditing Reports for the further staffing and approval. k) Be the forum for distribution of the information about course vacancies between the Participants, as set out in the MOU, and to non-Participants when so decided by the Participants. l) Monitor and comment on the employment of graduates. m) Monitor and assist in the harmonisation of the student selection criteria and entry levels of the students of the Participants. n) Conduct the initial analysis of the proposed candidates for the post of Commandant profiles and forward the findings and recommendations to the MilC no later than 14 months prior to the start of the posting. o) Carry out any other task, as assigned by the MC, MilC or BMG. p) Co-ordinate proposals for the development of the curricula, common use of teachers and the enhancement of academic studies between the BALTDEFCOL and the three Military Academies in Estonia (Estonian National Defence College), Latvia (Latvian National Defence Academy) and Lithuania (Lithuanian Military Academy). 3. Procedures (1) The Participant, who holds the position of Lead Nation for BALTDEFCOL, holds the chairmanships of MC and MilC as well as of BCG. (2) BCG will determine its own organisation and internal rules, whilst abiding by the following general principles: a) BCG will meet at such intervals as necessary to carry out its responsibilities and as soon as possible in response to a specific request by any of the representatives, or by the Commandant; the basic meeting requirement being: i. One meeting will always be held in winter to process the annual White Book, the rolling of the Long Term Development Plan, and next year's draft Budget. ii. Another meeting will be held in spring to process the annual Budget and Auditing Reports, any changes in the Education Plans and Evaluation Systems in the coming school year, and the distribution of places in coming courses. iii. A third meeting will be held in autumn to process the reports about the just concluded courses as well as provide input to the White Book, next years budgeting and the rolling of Long Term Development Plan. b) All decisions and recommendations of BCG, will be agreed by consensus among the Participant representatives. (3) The Chairmanship is responsible for: a) Referring matters to BCG for decision in between meetings, as necessary; b) Recording of meetings; c) Liaison with the Commandant on all matters within these Terms of Reference; d) Collecting reports from the Participants authorities; e) Updating a list of Point of Contacts. 4. Language The working language of BCG is English. 5. Location of the meetings The autumn BCG meeting will be held at BALTDEFCOL. Hosting of the other BCG meetings will be rotated between the Participants. Host Nation is responsible for the preparing and conducting of BCG meetings. 6. Costs (1) Costs related to BCG meetings or any working group, established in accordance with Section 3 of this Annex, will be covered in accordance with Paragraph l of Article 3 of the Agreement between the Ministry of Defence of the Republic of Latvia, the Ministry of Defence of the Republic of Estonia and the Ministry of National Defence of the Republic of Lithuania on co-operation in the fields of defence and military relations, signed in Vilnius on February 27, 1995. (2) The costs related to the participation of observers will be settled separately. Annex C to the Memorandum of Understanding between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania concerning the Operation, Administration and Funding of the Baltic Defence College TERMS OF REFERENCES FOR THE COMMANDANT 1. Appointment (1) Subject to criteria adopted by MC, the Participants put forward candidates for the post of Commandant. The candidates thereafter present themselves and their programme for the further development of BALTDEFCOL to the BCG. No later than 14 months prior to the start of the posting period BCG reports its findings to the MilC. The appointment of the Commandant is subject to approval of MC on recommendation of the MilC, after a formal interview of the candidate(s) at a MilC meeting no later than 12 months prior to his/her taking over the position. (2) The posting period of the Commandant is three years with a possibility of extension for up to three more years. Unless otherwise agreed in the MC, the position of Commandant rotates between the Participants. 2. Tasks and responsibilities (1) The Commandant is responsible to MC and MilC and - as such - to the BMG and BCG, for: a) The quality of the courses and activities conducted by BALTDEFCOL, as well as cost-effective conduct and administration of courses, other activities and facilities. b) Contributing to the evaluation of the educational standards and presenting further improvements to the educational standards to BCG. c) The hiring, administration and development of civilian Support Staff in accordance with the manning table, provided as an annex to the annual Budget. d) The use of the seconded Management and Directing Staff in a way that makes maximum use of the background and abilities of each staff member. e) Active participation in the improvement and harmonisation of student entry levels by arranging and chairing meetings with the relevant authorities of the Participants. f) The annual rolling of the Long Term Development Plan (along with the Annual Activity Plans, the linked Budget estimate and Long Term Manning Plan covering Directing Staff positions), covering a period of - as a minimum - the next five years. To be submitted no later than 31st of December each year for MC approval (to be submitted via BCG, BMG and MilC). g) The annual submission no later than 31st of December of a report (White Book) covering all BALTDEFCOL Activities within the last calendar year as well as proposals for development and improvement of BALTDEFCOL and its activities for MC approval (to be submitted via BCG, and BMG and MilC). h) The annual draft Budget for MC approval (to be submitted via BCG, BMG and MilC linked to the submission of the annually rolled Long Term Development Plan) no later than lst of February. i) The annual Budget Report to be submitted to the Estonian State Auditors by 15th February. j) The annual Budget Report together with the Auditing Report for MC (to be submitted via BCG, BMG and MilC as soon as possible, and no later than early April). k) The Semi-Annual Budget Report for MC (to be submitted to BCG, and subsequent­ly to BMG and MilC no later than 15th of August) for information and further action. l) Maintaining and presenting on request detailed budgetary status, m) Establishing, updating as necessary and distributing BALTDEFCOL Internal Accounting Regulations as set out in Section 12 of this MOU. n) Referring any problems in the educational, administrative and disciplinary field, which may arise between BCG meetings, to the involved Participant(s) and/or to the Chairman of BCG. o) Referring disciplinary problems to the Participant concerned, and, in matters of principle, to BCG. p) Referring issues in relation to international support to the MC via the BMG. q) Implementing decisions and tasks made by MilC and MC, and co-operate duly with BMG and BCG to this end. (2) The Commandant is responsible for leasing with the national institutions of the Participants for military education as well as other common educational projects of the Participants. (3) The Commandant is responsible for representing BALTDEFCOL and for external andinternal co-ordination as follows: a) The Commandant represents BALTDEFCOL at BMG and BCG meetings, and as requested by MilC and MC. b) The Commandant is required to conduct and chair monthly, formal co-operation meetings with representatives of the Management, Directing and Support staffs and the students. c) The Commandant is obliged to announce and co-ordinate BALTDEFCOL activities, when activities - in accordance with the Annual Activity Plan - take place outside the vicinity of Tartu. 3. Command relations (1) The Commandant's national responsibilities will be laid down in a separate national instruction. (2) The Commandant gives directions to all military personnel - staff, students or otherwise appointed to BALTDEFCOL - as far as the operation of BALTDEFCOL, the military orderliness within BALTDEFCOL and its training activities are concerned. (3) Civilian personnel hired by BALTDEFCOL as well as any other personnel assigned to BALTDEFCOL by the Participant; attending courses, acting as residential or temporary staff, participating in exercises or other activities organised and conducted by BALTDEFCOL, will come under the Commandant's general supervision. Annex D to the Memorandum of Understanding between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania concerning the Operation, Administration and Funding of the Baltic Defence College FINANCIAL, ACCOUNTING AND AUDITING PROCEDURES 1. Purpose (1) This Annex defines the annual planning, budgeting, accounting, reporting and auditing procedures necessary for the operation and support of BALTDEFCOL. 2. Principles (1) The administrative and financial management of B ALTDEFCOL will be carried out in accordance with the following principles: a) Budget: BALTDEFCOL will maintain a balanced budget. BALTDEFCOL will monitor expenditure against the approved budget and the activity and reinvestment plan with an appropriate analysis. b) Reporting: The Commandant will ensure that the MC and MilC are kept fully informed of the financial standing of BALTDEFCOL. If costs arise as a result of claims, contractual as well as non-contractual (unless such claims are covered by the Protocol), the Participants will immediately enter into consultations. c) Financial and accounting: Accounts are established according to the legislation of the Hosting Participant. Estonian rules on book-keeping and reporting in the public sector are applied directly or incorporated in BALTDEFCOL Internal Accounting Regulations. d) Fiscal Year: The Fiscal Year (FY) corresponds to the calendar year. e) The School Year: The School Year is from the lst of August to the 30th of June the next year. f) Currency: The currency used for budget plans and estimates will be EUR. g) Payments: Payments to BALTDEFCOL are to be made in EUR. h) Interest Revenue and expenditure savings: Interest Revenue and expenditure savings are ro Īle d over from one FY to the next and will be included in the next FY budgetary estimates. 3. Budget (1) The B ALTDEFCOL Budget is developed, proposed and approved in accordance with Annex A. It covers one fiscal year and contains the following elements: a) BALTDEFCOL basic operating costs for the year, including costs related to both hired and seconded staff, general support costs and equipment maintenance and repair. b) BALTDEFCOL expenses related to own courses and other approved activities. c) Re-investment in fixed assets (divided into IT Equipment, War Gaming Facilities, Audio-Visual Equipment, Major Office Equipment and Furniture). d) The budget will always include annex showing the norm for the hiring of civilian staff for that year. (2) BALTDEFCOL Annual Activity Plan means the outline of BALTDEFCOL events and activities, to be developed and approved annually in accordance with Annex A, and forming the basis for proposed BALTDEFCOL Budget and the budgeting of the Participants. a) The Annual Activity Plan will describe the maximum number of students or course members and their participation in agreed BALTDEFCOL activities. It will include a list of the activities to be held either in the Baltic states or outside the region as well as describe the resulting required level of support. b) In accordance with Annex A to this MOU, the MC will adopt no later than lst of May BALTDEFCOL Budget for the following FY. (3) BALTDEFCOL Long Term Development Plan, to be developed and approved in accordance with Annex A, for the development and operation of BALTDEFCOL. The plan is rolled and updated annually. a) The Long Term Development Plan covers as a minimum the next five years, with the outline annual activity plans, an outline of BALTDEFCOL budget as well as the requirement for secondment of personnel for Management and Directing Staffs. b) In accordance with Annex A to this MOU, the MC will approve no later than l May each year the annually rolled BALTDEFCOL Long Term Development Plan, including the Annual Activity Plans, the linked Budget and Long Term Manning Plan. (4) Once approved by the MilC and the MC, the Commandant is aumorised to execute the budget. MilC and MC will be kept fully informed of the financial state of BALTDEFCOL, and BALTDEFCOL will report to the Participants as laid down in Paragraph 8 of this Annex. (5) MC and MilC will be informed of changes in BALTDEFCOL budget and its financial performance, as well as changes in the approved activities. Supplementary funding of costs beyond the approved budget will be considered only in extraordinary circumstances and with the prior recommendation of MilC and approval of MC. (6) Contracts, which include the undertaking of significant financial obligations and/or financial liabilities, will be submitted via MilC to MC for approval. 4. Financing (1) BALTDEFCOL operational costs and the costs of carrying out the Joint Command and General Staff Course, as laid out in the approved Budget will as principle and unless otherwise determined by MC be shared among the Participants by 1/3, without regard to whether or not a Participant fails to fill its allocated course vacancies or if a student leaves the course early, and if such course vacancies are not filled subsequently. (2) The costs of carrying out other courses will, unless otherwise decided by the Participants, be borne by those of the Participants that take part or otherwise support the specific activity. The cost-sharing key will be set out in BALTDEFCOL Budget. (3) The Hosting Participant will cover the costs identified in Annex E. (4) The costs incurred for personnel provided by Participants, and students from Participants to BALTDEFCOL will be borne by the respective Participant. This includes costs of salaries, accommodation and of travels to and from BALTDEFCOL as well as allowances during duty travels according to the approved activity plans, (5) Based on MilC recommendation, the MC will decide the costs and conditions for non-Participant students in each case, depending on the existence of bilateral agreements with a Participant and on whether or not the student is sent by a Seconding State. 5. Payments of Assessments (1) Call for payments: a) Upon the annual approval of the Budget, BALTDEFCOL Chief of Finance submits the calls to the Participants for payments for the next FY. b) Upon the decision to invite non-Participants' students to join BALTDEFCOL courses, BALTDEFCOL Chief of Finance submits the calls to the sending non-Participants or the sponsoring state for payments. (2) Payment of assessments: a) 1/2 of the assessment related to the approved Budget for the FY will be forwarded by each of the Participants to BALTDEFCOL not later than 15th January of the FY. The remaining 1/2 of the assessment related to the approved Budget for the FY will be forwarded by each of the Participants to BALTDEFCOL not later than lst of June of the FY. b) Assessments related to agreed course fees and any other sponsored costs for non-Participant students will be forwarded to BALTDEFCOL no later than lst of July, one month prior to the start of the School Year, for which the student is assigned. c) All payments will be transferred to a bank account duly designated by BALTDEFCOL. Payments will be made free of charge of the beneficiary. (3) BALTDEFCOL will immediately bring any problem relating to a Participant's, non-Participant's or sponsoring state's agreed payments to BALTDEFCOL activities to the notice of the MC. 6. Financial Accounting (1) Financial and accounting procedures: BALTDEFCOL establishes and revises as necessary its own Internal Accounting Regulations, in accordance with the requirements stipulated by Estonian law. Estonian rules on book-keeping and reporting in the public sector are applied directly or incorporated. BALTDEFCOL provides the Hosting Participant with a copy of the regulations, the Hosting Participant will be held updated at all times on revisions. The other Participants will be equally provided with copies and updates upon request. (2) Assets: a) The assets of BALTDEFCOL consist of the funds transferred by the Participants, assets donated by third parties to BALTDEFCOL or to either of the Participants and subsequently transferred by the Participant to BALTDEFCOL ownership, as well as assets, acquired as approved in and funded through the Budget. b) Either of the Participants may make available assets for the use of BALTDEFCOL. The assets so provided remain the assets of that Participant, and will not be included in BALTDEFCOL accounts or assets. A Participant will not withdraw assets from BALTDEFCOL without prior notice of the BALTDEFCOL Co-ordination Group. Separate records will list property so made available on loan. c) Assets, owned or used by BALTDEFCOL, will be recorded in inventory lists kept by BALTDEFCOL. Inventory lists will include specification of ownership of the assets. d) Assets donated to or acquired by BALTDEFCOL through the Budget or transferred by either of the Participants to BALTDEFCOL ownership will be written off for depreciation in accordance with BALTDEFCOL Internal Accounting Regulations. Assets are replaced in accordance with the approved Budget. e) Fixed assets that have been depreciated to no formal value, but are still usable, will be used by BALTDEFCOL, as reserve equipment, in support of staff and students as well as in support of part-time activities. f) Any land, buildings or fixed installations provided for the use of BALTDEFCOL by the Hosting Participant without charge to BALTDEFCOL (other than a nominal charge) and no longer required by BALTDEFCOL will be handed back and dealt with under the arrangements set out in subparagraph g), i., below. g) If this MOU is terminated the following procedures will apply, except in so far the Participants decide otherwise: i. Assets of the Participants will be returned to the Participant, to whom it belongs. Any land, buildings or fixed installations provided for the use of BALTDEFCOL by the Hosting Participant without charge to BALTDEFCOL (other than a nominal charge) will be handed back to the Hosting Participant, and any increase or loss in the value of the assets, so provided by the Hosting Participant, resulting from its use by BALTDEFCOL, will be determined by the Participants, taking into consideration applicable law of the Hosting Participant, and distributed among the Participants in the proportions in which they have contributed to BALTDEFCOL budget. ii. Fixed assets donated by third parties to BALTDEFCOL or to either of the Participants for the use of BALTDEFCOL will be distributed in accordance with the documents of donation. In case no specific requirements are governing the transfer, the equipment will be disposed of only under arrangements approved by the Participants. iii. Cash (including deposits in bank accounts) will be shared proportionally by 1/3 to each of the Participant. iv. Assets funded through the Budget will be disposed of only under arrangements approved by the Participants and the proceeds will be distributed among or credited to the Participants in the proportions in which they have contributed to BALTDEFCOL Budget. The Hosting Participant will have a prior right to acquire any immovable property so disposed of in its territory provided that it offers terms no less favourable than those offered by any third party. (3) Bank accounts: a) BALTDEFCOL Chief of Finance is responsible for the establishment and management of all BALTDEFCOL bank accounts. Transfers to and from, and withdrawals from BALTDEFCOL bank accounts managed by the Chief of Finance, are valid only if the transaction is authorised by two (2) signatories (Chief of Finance and the Commandant or an officer designated by the Commandant). b) For the purpose of managing the approved Budget, the Commandant may, upon specific MC approval, be empowered to establish a credit bank account, with a credit ceiling of 40 000 EUR. The draw on the credit bank account in a FY may not at any time exceed the remaining payments to be made by the Participants in accordance with the approved Budget for that year. 7. Reporting (1) BALTDEFCOL will adhere to the following cycle of reporting: a) BALTDEFCOL Chief of Finance submits monthly statements to the Commandant on the actual costs for the past months of that FY and a revised estimate of the costs to be incurred in the remains of that FY. Any of the Participants can request to receive copies of the statements. b) The Hosting Participant Senior National Representative will provideBALTDEFCOL Chief of Finance with monthly statements on the costs of the Hosting Participant Support, which is agreed in Annex E to be reimbursed by BALTDEFCOL. c) The Commandant presents a Semi-annual Budget Report to the MC, via MilC every 15th of August. The Report will consist of the actual costs for the first six months of the current FY, a revised estimate for the last six months of the current FY, an analysis of the current FY expenditure against the budget estimate, with explanations any adjusted budget estimate for the next and following FYs. d) The Commandant forwards an Annual Budget Report to the MC, via MilC every 15th of February at the same time as it is sent to the Hosting Participant State Audit Office. The Report will consist of a summary of the actual costs for previous FY and an analysis of the past FY expenditure against the approved Budget, with explanations of significant variances. (2) BALTDEFCOL will provide any additional statements as to its performance and finances as requested by the Participants. 8. Auditing (1) The performance and accounts of BALTDEFCOL will be audited annually by The State Audit Office of Hosting Participant, unless the Participants decide otherwise. The auditing will be executed independently. The auditors will be responsible for checking, in such manner as they deem most appropriate, that expenditure is within the financial and physical authorisation granted, and that management controls have been properly applied. The auditors will also have the responsibility to check that operations are carried out in compliance with the regulations in force, and that operations are performed with due respect to efficiency and effectiveness. The auditing costs will be carried by the Hosting Participant. Any Participant may, separately from the above arrangement, independently audit BALTDEFCOL. The cost will be borne by that Participant. BALTDEFCOL shall provide the necessary information for such national auditing. (2) The Hosting Participant will render support on auditing (internal auditors) if so requested by BALTDEFCOL. Annex E to the Memorandum of Understanding between the Ministry of Defence of the Republic of Estonia, the Ministry of Defence of the Republic of Latvia and the Ministry of National Defence of the Republic of Lithuania concerning the Operation, Administration and Funding of the Baltic Defence College RESPONSIBILITIES OF THE BALTIC PARTICIPANTS AND HOST NATION SUPPORT 1. Purpose This Annex records the details of the responsibilities of the Hosting Participant (Ministry of Defence of the Republic of Estonia), and the responsibilities of the Baltic Participants to render Host Nation Support to BALTDEFCOL. 2. Principles a. Hosting Participant Support and Host Nation Support will be rendered in accordance with this Annex. b. The arrangements set out in the MOU and in this Annex do not include any support to dependants of the personnel (students and staff) at BALTDEFCOL, as this support is regarded to be an individual responsibility. 3. Facilities, infrastructure and equip­ment a. Facilities and infrastructure: The Hosting Participant will, free of charge, provide facilities for BALTDEFCOL at the west wing of the Kaitseväë Ühendatud Õppeasurused (Estonian National Defence College), Riia 12, Tartu, until their availability is revoked. The Hosting Participant will retain the ownership of these facilities (buildings and permanent fixtures). The facilities will be listed in the Long Term Development Plan. In order to accommodate special occasions and celebrations, BALTDEFCOL is, in addition, granted the use of the Main Hall (Riia 12), on the same terms as applies to the use of the facilities listed above. The access to the use of the Main Hall is co-ordinated between BALTDEFCOL and the Estonian National Defence College. In case of a relocation of BALTDEFCOL initiated by the Hosting Participant, relocation costs, except personnel costs, will be borne by the Hosting Participant. b. Parking areas: Four (4) parking slots are made available for the sole use of BALTDEFCOL in front of Riia 12. Another thirty (30) parking slots are made available in the yard of the Estonian National Defence College. c. Dining facilities: Personnel at BALTDEFCOL is guaranteed access to the cafeteria located at Riia 12, within the Estonian National Defence College. d. Administration and utilisation of facilities: The Hosting Participant is responsible for the administration and utilisation of the buildings and permanent fixtures made available to BALTDEFCOL, as set out above. The Hosting Participant provides free of charge internal and external maintenance of fixed buildings. The need to carry out internal and external maintenance will be decided by the Hosting Participant, upon requests of BALTDEFCOL. e. Modifications, extensions or supplementation of facilities: Subject to the approval of the Hosting Participant, BALTDEFCOL Co-ordination Group wi …