14. pants

Līguma stāšanās spēkā, grozījumi, darbības termiņš un

izstāšanās

1. Līgums stājas spēkā dienā, kad Depozitārijs ir saņēmis

pēdējo Pušu rakstisko paziņojumu pa diplomātiskajiem kanāliem,

kas apstiprina, ka valstu juridiskās procedūras, kas

nepieciešamas, lai šis Līgums stātos spēkā, ir pabeigtas.

2. Līgumu var grozīt Pusēm savstarpēji rakstiski vienojoties.

Grozījumi stājas spēkā saskaņā šī panta pirmajā daļā noteikto

procedūru.

3. Pusēm, saglabājot savas līgumsaistības īstenot Rail

Baltic/Rail Baltica projektu pilnā apmērā, ir tiesības pārskatīt

savas līgumsaistības finansēt un pabeigt projektu līdz datumam,

kas minēts šī Līguma 3. pantā, ja ilgtermiņa finansējuma

pieejamība kopīgo interešu projektam tiek ievērojami samazināta,

nopietni ietekmējot projekta iespējamību vai neparedzamas

izņēmuma situācijas vai notikuma gadījumā, kas ir ārpus Pušu

kontroles, kas attur tās no šī Līguma saistību izpildes, un šādā

gadījumā nav uzskatāms par kļūdu vai nolaidību no viņu puses, un

ir nenovēršams, neskatoties uz pienācīgu rūpību ("Force

majeure").

4. Līgums tiek noslēgts uz nenoteiktu laiku. Katra Puse,

ievērojot 14. panta trešās daļas nosacījumus, var izstāties no šī

Līguma rakstiski pa diplomātiskiem kanāliem, par to paziņojot

Depozitārijam. Izstāšanās stājas spēkā sešu mēnešus pēc šāda

paziņojuma saņemšanas dienas Depozitārijā.

To apliecinot, būdami pienācīgi pilnvaroti, šo Līgumu ir

parakstījuši.

Parakstīts Tallinā 2017.gada 31.janvārī vienā eksemplārā

igauņu, latviešu, lietuviešu un angļu valodās, visiem tekstiem ir

vienāds spēks, un tas tiek glabāts Depozitārija arhīvā.

Depozitārijs nosūta apliecinātas Līguma kopijas visām Pusēm.

Atšķirīgas interpretācijas gadījumā noteicošais ir teksts angļu

valodā.

Igaunijas Republikas

valdības vārdā

J. Ratass

Igaunijas Republikas

premjerministrs

Latvijas Republikas

valdības vārdā

M. Kučinskis

Latvijas Republikas

ministru prezidents

Lietuvas Republikas

valdības vārdā

S. Skvernelis

Lietuvas Republikas

premjerministrs

AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF ESTONIA

THE GOVERNMENT OF THE REPUBLIC OF LATVIA,

AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA

ON THE DEVELOPMENT OF THE RAIL BALTIC/RAIL BALTICA

RAILWAY CONNECTION

The Government of the Republic of Latvia, the Government of

the Republic of Estonia and the Government of the Republic of

Lithuania, hereinafter referred to as "the

Parties",

Desiring to fully integrate the Baltic States and their

capitals into the European Union railway system and the

trans-European transport network (TEN- T),

Emphasizing their common objective to develop the project of

common interest (as defined in Regulation (EU) No 1316/2013 of

the European Parliament and of the Council of 11 December 2013

establishing the Connecting Europe Facility, amending Regulation

(EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and

(EC) No 67/2010) Rail Baltic/Rail Baltica that is of a

considerable strategic and economic importance to their citizens

and economies,

Acknowledging the need to agree upon the strategic timeframe

for the development and completion of the Rail Baltic/Rail

Baltica railway,

Taking into consideration the Shareholders' Agreement relating

to the Joint Venture RB Rail AS between OÜ Rail Baltic Estonia,

SIA "Eiropas dzelzceļa līnijas" and UAB "Rail

Baltica statyba" from 28 October 2014,

Acknowledging that Rail Baltic/Rail Baltica project has been

hitherto co-financed from the European Union sources with

intensity in the order of 85% and assuming that a similar support

rate will be applied in relation to the project's implementation

in the future - given the strategic importance of the Rail

Baltic/Rail Baltica project to the region and the European Union

transport network, as well as the Single European Market - and

jointly encouraging the European Union institutions to envisage a

long-term financing horizon for such priority projects as soon as

possible,

Recalling the objective of the European Union to develop

trans-European transport networks including the North Sea -

Baltic Core Network Corridor which the Rail Baltic/Rail Baltica

railway is part of,

Emphasizing the importance to adjust regulatory and

cooperation framework within the Parties in order to facilitate

the efficient use of the future Rail Baltic/Rail Baltica railway

connection,

Continue to promote the integration of the Rail Baltic/Rail

Baltica project, all project partners and route in the relevant

multilateral cooperation frameworks, such as North Sea - Baltic

rail freight corridor, but not limited to,

Acknowledging that the section of the railway from the

Lithuanian-Polish border to Warsaw is historically with 1435 mm

standard gauge, but requires an upgrade of technical parameters

for the purposes of interoperability of the line across the North

Sea - Baltic Core Network corridor,

Reaffirming their commitment to ensure an open and transparent

implementation of the project and a proactive engagement and

cooperation with the relevant national supreme audit institutions

and official European Union and European Union funds auditing

institutions based on international auditing standards and assure

that those audit institutions do not have any restrictions to

audit the project activities.

Have agreed as follows:

ARTICLE 1

Scope and the purpose of the Agreement

The purpose of the Agreement is to ensure the completion and

functionality of an effective fast conventional European gauge

railway, built as a project of common interest according to the

common technical parameters, for passengers and freight transport

on a route as part of the TEN-T Network North Sea - Baltic Core

Network Corridor.

ARTICLE 2

Definitions

For the purposes of the Agreement, unless the context of the

Agreement otherwise requires:

a) "railway" means new fast conventional double

track electrified railway line with the maximum design speed of

240 km/h and European standard gauge (1435 mm) on the route to be

completed in accordance with uniform technical parameters based

on the Technical Specifications for Interoperability, as defined

in the relevant legal acts of the European Union ;

b) "project coordinator" means the joint venture RB

Rail AS established on 28 October 2014 in the Republic of Latvia

for the purpose of completing the railway and developing the Rail

Baltic/Rail Baltica project, whose main business is the design,

construction and marketing (including branding) of the

railway;

c) "route" shall be from Tallinn through

Pärnu-Riga-Panevezys-Kaunas to Lithuanian-Polish state border

with a connection of Vilnius-Kaunas as a part of the railway;

d) "infrastructure manager" means a body or bodies

as defined in the Directive 2012/34/EU of the European Parliament

and of the Council of 21 November 2012 establishing a single

European railway area;

e) "railway infrastructure" means railway

infrastructure as defined in the Directive 2012/34/EU of the

European Parliament and of the Council of 21 November 2012

establishing a single European railway area.

ARTICLE 3

Completion of the railway connection

The Parties aim to ensure completion and functionality of the

railway by 2025 in order to commence its operation by 2026.

ARTICLE 4

Preparation for construction

1. The Parties commit to support, in cooperation with the

project coordinator, the completion of all studies and other

preparatory activities necessary for a timely start of the

construction works. The preparatory activities shall include, in

particular:

a) the spatial planning of the route area;

b) performing of necessary feasibility, environmental and

other studies;

c) the completion of all necessary documentation, including

the preliminary and technical design, of all necessary

infrastructure in order to construct the railway in the

territories of the States represented by the Parties.

2. The Parties support establishment of a contracting

framework and common tendering guidelines, based on best

procurement, including joint procurement, practices according to

law of the European Union and agreements concluded by the

Parties.

3. The Parties support establishing common technical

guidelines for design and construction of the railway in view of

compliance with Technical Specifications for

Interoperability.

ARTICLE 5

The role of the project coordinator

The preparatory activities and the construction of the railway

until its completion and achieving full technical functionality

shall be coordinated by the project coordinator.

ARTICLE 6

Cooperation with other countries and with the European

Commission

The Parties shall fully cooperate and exchange information

with the European Commission and undertake all reasonable

measures for a continuous involvement of and cooperation with the

Republic of Poland and the Republic of Finland in the development

of the railway with a view to remove the bottlenecks in TEN-T

core network and to ensure interoperability, harmonization of

technical standards, as well as to provide the conditions for the

best use of railway infrastructure and for improving

commercialization of railway service market.

ARTICLE 7

Ownership of land and infrastructure

1. The State of the Party within whose territory the part of

the project's infrastructure and land related to that

infrastructure is located shall own that part of the railway

infrastructure.

2. The Parties agree that land and infrastructure shall be

made available for use by nominated infrastructure

manager(s).

3. Infrastructure manager(s) will be granted access to related

service facilities.

ARTICLE 8

The laws and regulations

1. In the application of the Agreement, any matters not dealt

with herein shall be regulated by the law of the European Union,

national laws and regulations of the Parties, and agreements

concluded between them.

2. The specific provisions set out in the Agreement are

without prejudice to European Union law concerning rail market

opening, access to railway infrastructure, railway

interoperability, safety and other relevant areas.

3. The Parties shall inform each other of any significant

change in their national laws and regulations that would affect

the application of the Agreement.

ARTICLE 9

Access to European standard gauge (1435 mm) railway

infrastructure

1. A coordinated approach to regulatory framework shall be

taken through the cooperation between national regulatory bodies

and the national safety authorities, in order to enhance their

coordination and align the impact of their decisions.

2. A coordinated approach shall be taken concerning access to

railway infrastructure and services, including levying of charges

for the use of railway infrastructure and allocation of railway

infrastructure capacity, and traffic management.

3. The Parties commit to ensure that the most effective and

feasible infrastructure management with a view but not limited to

aspects mentioned in paragraph 2 of this Article is achieved and

infrastructure manager(s) determined in a joint and timely manner

to build confidence and achieve continuous engagement of project

of common interest institutional partners and contribute to

long-term feasibility of the Rail Baltic/Rail Baltica

railway.

ARTICLE 10

Jurisdiction

The Agreement shall not affect the exercise of the

jurisdiction of the States of the Parties within their

territories.

ARTICLE 11

Financing

1. The ultimate recipients of the European Union support shall

be the Parties.

2. The Parties shall seek support at the highest permissible

European Union co-financing rates according to the provisions of

the relevant source of financing.

3. The Parties agree on the connection of Vilnius-Kaunas as

part of the railway's route in order to interconnect all the

capitals of the States of the Parties and to deploy joint efforts

to achieve the eligibility of the Vilnius-Kaunas connection for

European Union support under Connecting Europe Facility or

equivalent financing instrument, bearing in mind that the

construction of this section will be phased in such a way that

the entire project would not be delayed or stopped.

4. The Parties may co-finance directly from national resources

the activities implemented by the project coordinator.

ARTICLE 12

Settlement of disputes

Disputes between the Parties concerning the interpretation or

application of the Agreement shall be resolved by negotiations

and consultations between the Parties.

ARTICLE 13

Depositary

1. The Government of the Republic of Latvia shall act as the

depositary of the Agreement.

2. The Depositary shall inform the Parties of the date of

entry into force of the Agreement or any amendments thereto, as

well as of any withdrawal referred to in Articles 14.

ARTICLE 14

Entry into force, amendments, duration and withdrawal

1. The Agreement shall enter into force on the date of receipt

by the Depositary of the last written notification by the Parties

through diplomatic channels confirming that the national legal

procedures for the entry into force of the Agreement have been

completed.

2. The Agreement may be amended by the mutual written consent

of the Parties. The amendments shall enter into force according

to the procedure set forth in paragraph 1 of this Article.

3. The Parties, maintaining commitment to realize Rail

Baltic/Rail Baltica project in full, shall have a right to review

their commitments to finance and complete the project by the date

as referred in Article 3 in case long-term financing availability

to the project of common interest is significantly reduced

severely influencing feasibility of the project or in case of

unforeseeable exceptional situation or event beyond a Party's

control, which prevents them from fulfilling their obligations

under the Agreement, which was not attributable to error or

negligence on their part and which proves to be inevitable in

spite of exercising all due diligence ("Force

majeure").

4. The Agreement shall remain in force for an indefinite

period of time. Any Party may withdraw from the Agreement,

subject to paragraph 3 of this Article by giving a written

notification thereof to the Depositary through diplomatic

channels. The withdrawal shall take effect six months after the

date of receipt by the Depositary of such notification.

In witness whereof, the undersigned duly authorized have

signed the Agreement.

Done at Tallin on 31 day of January 2017, in a single copy in

the Latvian, Estonian, Lithuanian and English languages, all

texts being equally authentic, which shall be deposited into the

archives of the Depositary. The Depositary shall transmit

certified copies of the Agreement to all Parties. In case of

divergence of interpretation, the text in the English language

shall prevail.

For the Government

of the Republic of Latvia

M. Kučinskis

Prime Minister

of the Republic of Latvia

For the Government

of the Republic of Estonia

J. Ratass

Prime Minister

of the Republic of Estonia

For the Government

of the Republic of Lithuania

S. Skvernelis

Prime Minister

of the Republic of Lithuania