25. pants

Ar Līguma spēkā stāšanās datumu spēku zaudē 1931. gada 25.

janvāra Nolīgums par robežzīmju un pierobežas joslas uzturēšanu

kārtībā starp Latviju un Lietuvu un 2002. gada 1.marta Latvijas

Republikas valdības un Lietuvas Republikas valdības Vienošanās

par pilnvaroto robežas pārstāvju darbību.

Noslēgts Helsinkos, 2019. gada 18. jūlijā 2 eksemplāros,

latviešu, lietuviešu un angļu valodā, turklāt visi teksti ir

autentiski. Ja rodas domstarpības par Līguma noteikumu

interpretāciju, Puses vadās pēc teksta angļu valodā.

Latvijas

Republikas valdības vārdā

Lietuvas

Republikas valdības vārdā

Sandis

Ģirģens

Eimutis

Misiūnas

AGREEMENT

between the Government of the Republic of Latvia and the

Government of the Republic of Lithuania on the Maintenance of the

Latvian - Lithuanian State Border and the Activities of Border

Delegates

The Government of the Republic of Latvia and the Government of

the Republic of Lithuania (hereinafter 'the Parties'),

striving to develop and strengthen a friendly

relationship, beneficial for both states and nations,

willing to preserve the continuity of the principles of

the maintenance of the Latvian - Lithuanian state border that

were set out in the Agreement between Latvia and Lithuania on the

Maintenance of Border Signs and Border Zone of 25 January 1931,

and to regulate the maintenance of the Latvian - Lithuanian state

border and the activities of border delegates according to

contemporary realities,

taking into account the provisions of the Treaty

concerning the Restoration of the State Border between the

Republic of Latvia and the Republic of Lithuania of 29 June 1993

(hereinafter 'the Treaty'),

taking into account the membership of the Republic of

Latvia and the Republic of Lithuania in the European Union and

the Schengen Area,

have agreed as follows:

CHAPTER I

General Provisions

Article 1

The terms used in the Agreement between the Government of the

Republic of Latvia and the Government of the Republic of

Lithuania on the Maintenance of the Latvian - Lithuanian State

Border and the Activities of Border Delegates (hereinafter 'this

Agreement') shall have the following meaning:

1) Latvian - Lithuanian state border (hereinafter 'the

state border') means the line and the vertical surface extending

along this line which separate the territories (the land, water,

sub-terrain and air space) of the Republic of Latvia and the

Republic of Lithuania in accordance with the Treaty;

2) re-demarcation documents mean the Latvian -

Lithuanian state border map, the description of the state border

including its annex, the catalogue of the coordinates of border

markers, the border markers sketch map, the final protocol of the

meeting of the Mixed Commission for the Restoration of the state

border between the Republic of Latvia and the Republic of

Lithuania, and any other documents recognised by the Parties that

determine the location of the state border, as well as the

annexes and supplements thereto that have been or may be drawn up

in the course of the implementation of this Agreement;

3) inventory of the state border means a joint periodic

comparing of the actual location of the state border and of the

state border markers with the re-demarcation documents, conducted

jointly by using updated cartographic materials and geodetic

measurements in order to determine sections with deviations, as

well as the assessment of the condition of the border markers and

border strip;

4) border guard services mean the State Border Guard of

the Republic of Latvia and the State Border Guard Service under

the Ministry of the Interior of the Republic of Lithuania;

5) border strip means the part of land or waters in the

border area which is adjacent to the state border (the width

thereof being at least 5 meters each side of the state border

line) and intended for the establishment and maintenance of

border markers and other state border guard facilities;

6) border waters mean the sections of lakes, rivers,

streams, trenches and other bodies of water, where the state

border is situated;

7) border incident means the event at the state border

or in the vicinity thereof that affects interests of the Republic

of Latvia and the Republic of Lithuania and shall be examined by

the border guard services in order to settle such an

incident;

8) investigation of the border incident means the

comprehensive examination of the circumstances related to the

occurrence and type of the border incident that shall be

conducted by border delegates;

9) joint inspection of the state border means the

inspection of the condition of the border strip, border markers,

banks of the border waters and their maintenance in order to

preserve constant and unambiguous location of the state border,

as well as the inspection of whether the direct visibility is

ensured between the adjacent border markers on land or the border

pillars constituting one border marker in river sections (where

the state border is situated along the rivers);

10) border delegates mean the authorised officials of

the states of the Parties whose functions and duties are laid

down in Chapter VI of this Agreement.

Article 2

This Agreement lays down the procedures for the following:

1) maintenance of the state border, border markers and the

border strip;

2) inventory of the state border;

3) joint inspection of the state border, border markers and

the border strip;

4) establishment of the Joint Commission determining functions

and rules of procedure thereof;

5) activities and cooperation of border delegates;

6) examination and settlement of border incidents.

Article 3

The state border has been established by the Convention

between Latvia and Lithuania regarding the Delimitation on the

Spot of the Frontier between the Two States, and also regarding

the Rights of the Citizens in the Frontier Zone, and the Status

of Immovable Property Intersected by the Frontier Line of 14 May

1921, the Declaration between Latvia and Lithuania regarding the

Final Frontier Establishment of 30 June 1930, the Treaty, and the

Agreement between the Government of the Republic of Latvia, the

Government of the Republic of Lithuania and the Government of the

Republic of Belarus on the Procedures for Establishing the Point

of Intersection of the State Borders of 25 March 1998, and marked

on the terrain accordingly, as laid down in the following:

1) re-demarcation documents;

2) re-demarcation documents of 29 June 2001 with regard to the

border marker "Ludvinova/Liudvinavas" which has been

erected on the point of intersection of the state borders of the

Republic of Latvia, the Republic of Lithuania and the Republic of

Belarus, and constitutes the end point of the border.

Article 4

Marking of the state border in a manner different from that

determined by the Mixed Commission for the Restoration of the

State Border between the Republic of Latvia and the Republic of

Lithuania in the course of the restoration of the state border

shall only be permissible under a decision by the Joint

Commission. Marking procedures may be modified and other types of

border markers may be used under a decision of the Joint

Commission.

CHAPTER II

Maintenance of the State Border

Article 5

1. Economic and any other type of activity in the border strip

shall be regulated by legal acts applicable in the territory of

the state of the Parties.

2. Economic and any other type of activity in the territories

adjoining the state border shall be conducted by each of the

Parties in a manner that does not cause damage to the other

Party.

3. Construction and reconstruction designs of bridges,

barriers, locks, dams and other hydrotechnical structures,

objects of engineering and transport infrastructure, as well as

any other objects located or designed in the border strip and

crossing the state border shall be endorsed by the Joint

Commission.

4. Endorsement of construction and reconstruction designs of

the objects shall be conditional on preservation of the position

of the bed, water level and the yield. Bank reinforcement works

shall be envisaged, if necessary.

5. Maintenance and repair of the objects located on both sides

of the state border shall be ensured by their owners.

Article 6

1. The Parties agree to maintain the border markers in a

condition ensuring the compliance of their location, type and

form with the re-demarcation documents.

2. The responsibility for the maintenance of the border

markers shall be shared in the following manner:

2.1. the Republic of Lithuania shall be responsible for the

border pillars located in its territory;

2.2. the Republic of Latvia shall be responsible for the

border pillars located in its territory;

2.3. for the bilateral border markers with the official

symbols of the states of the Parties that are erected on the

border line:

2.3.1. the Republic of Lithuania shall be responsible for

border markers from No. 0001 to No. 1008 (from the Baltic Sea

coast to the Via Baltica international motorway);

2.3.2. the Republic of Latvia shall be responsible for border

markers from No. 1009 (from the Via Baltica international

motorway) to the three-sided border marker

"Ludvinova/Liudvinavas".

Article 7

1. In the course of mutual assistance the Parties shall take

measures necessary for preservation of border markers in order to

prevent relocation, damage or loss of border markers or specific

border pillars.

2. In case damage or loss of a border marker or a specific

element thereof is noticed, the border delegates shall

immediately notify each other of this fact, except for the cases

when insignificant damage is caused to the elements of a border

marker that are located in the territory of their state and do

not require restoration or replacement.

3. In case a border marker or a specific border pillar is

relocated or lost, it shall be restored by the border guard

service of the state responsible for it. The border delegate of

the state that carries out the specified works shall send a

written notification thereof to the border delegate of the other

state and the Joint Commission at least 10 days prior to the

commencement of the works.

4. The border marker shall be restored in the original

location in accordance with the re-demarcation documents. Border

delegates shall draw up a statement on the works carried out with

regard to the restoration of a border marker or a specific border

pillar in 2 copies in the Latvian and Lithuanian languages and

submit it to the Joint Commission.

5. Under a decision of the Joint Commission in case of

restoration of border markers the location of border markers or

specific border pillars may be altered in order to erect them in

the places where stability and preservation thereof are ensured,

provided that the original location of the state border is

preserved.

6. The Joint Commission shall draw up a statement in 2 copies

in the Latvian and Lithuanian languages on the works of erection

of a border marker or a specific border pillar in a new

place.

7. For each border marker or specific border pillar erected in

a new place, the Joint Commission shall within a month draw up a

border marker sketch map that shall comply with the structure of

the re-demarcation documents and shall be annexed thereto.

Appropriate adjustments shall be made in the re-demarcation

documents.

8. Under a decision of the Joint Commission, additional border

markers may be erected if necessary, provided that the original

location of the state border is preserved, followed by

appropriate adjustment of the re-demarcation documents.

Article 8

1. The border strip shall be maintained ensuring visibility of

the state border all along its length, and if necessary shall be

cleared from trees, bushes and other vegetation. Banks of the

border waters shall be cleared from trees, bushes and other

vegetation insofar as it is necessary to ensure the visibility

between the border pillars of the states of the Parties

constituting the same border marker.

2. Each Party shall clear the border strip in the territory of

its state.

CHAPTER

III

Inventory of the State Border

Article 9

1. After this Agreement comes into force, the Joint Commission

shall conduct inventory of the state border at least once every

fifteen years or, in case of necessity, this may be done more

frequently upon the agreement between the Parties.

2. To enable each Party to carry out the necessary

preparation, the starting time of the inventory and the scope of

works shall be agreed in advance through diplomatic channels.

3. Inventory on the border waters shall be conducted in the

summer season when the water level in rivers and other bodies of

water is not higher than the average.

4. In order to conduct the inventory, the Joint Commission

shall:

4.1. perform analysis of the re-demarcation documents,

materials of the previous inventory, joint survey of the state

border, as well as any other documents drawn up in the course of

the implementation of this Agreement;

4.2. using the updated cartographic material, establish the

sections of the border waters where the bank line of a body of

water is subject to alterations, islands and sandbanks form, and

other natural and artificial processes take place in an intensive

manner creating preconditions for alterations in the location of

the state border in the locality.

5. On the basis of the results of the conducted inventory of

the state border, the Joint Commission shall draw up minutes in 2

copies in the Latvian and Lithuanian languages. The minutes shall

be accompanied by a statement on the inventory of the state

border where any deficiencies that should be rectified or

eliminated shall be noted. The documents shall be signed by the

members of the Joint Commission who have participated in the

meeting.

6. Deficiencies shall be eliminated and the border markers

shall be restored and replaced as soon as possible.

Article 10

1. Depending on the need and feasibility and upon mutual

agreement the Parties shall take measures in order to ensure

constant condition of the banks of the border waters and

reinforce the banks.

2. In order to prevent alterations in the condition of banks

of the border waters, these banks shall be reinforced in the

places identified by the Joint Commission. Such works shall be

carried out and the relevant costs shall be covered by the Party

to whose state the bank belongs, unless the said fact is related

to activity of the other Party.

3. In the case of any alterations in the river bed, the

location of the state border which runs along the river shall not

be altered, unless the Parties agree otherwise.

4. If any alterations in the beds of the border waters have

been detected, the Joint Commission shall assess the possibility

and the feasibility of reinstating the previous bed.

5. Where the reinstatement of the bed of the border waters to

its previous location is not possible or feasible, the Joint

Commission shall develop proposals for alterations in the

demarcation or alterations in the location of the state border,

and, if necessary, on reciprocal compensation for the land plots

which have separated from the territories of the states of the

Parties as a result of natural changes in the bed of the border

waters.

6. The documents establishing alterations in the location of

the state border resulting from natural phenomena shall be drawn

up as re-demarcation documents, and shall enter into force on the

day the diplomatic notes are exchanged with regard to the

completion of the internal procedures of the state that are

necessary for the documents to enter into force. Accordingly,

these documents shall replace relevant part of the re-demarcation

documents, which establish the previous location of the state

border.

7. Where it is established during inventory of the state

border that the measurement data provided for in the

re-demarcation documents do not correspond to the data obtained

on site in the course of the joint measurements, yet the location

of border markers has not been altered, the latest measurement

data obtained on site shall prevail and they shall be drawn up as

re-demarcation documents.

Article 11

1. Works related to the inventory of the state border shall be

equally divided between the Parties.

2. Works related to the drawing up of re-demarcation

documents, which are carried out in accordance with the results

of the inventory of the state border, shall be divided according

to the responsibility of the Parties for the maintenance of

border markers:

2.1. border markers from No. 0001 to No. 1008 (from the Baltic

Sea coast to the Via Baltica international motorway) - to the

Republic of Lithuania;

2.2. border markers from No. 1009 (from the Via Baltica

international motorway) to the three-sided border marker

"Ludvinova/Liudvinavas" - to the Republic of

Latvia.

3. Each Party shall independently cover the costs for its part

of works. The question of equating amounts of the costs of the

works shall not be raised.

CHAPTER IV

Joint Inspection of the State Border

Article 12

1. Joint inspection of the state border shall be organised by

the border delegates of both states. In order to conduct the

joint inspection, the border delegates shall establish a joint

working group composed of representatives of border guard

services (hereinafter 'the Working Group'). Representatives of

other authorities may be included in the Working Group, if

necessary.

2. The joint inspection of the state border shall be conducted

by the border delegates at least once every 5 years starting from

the day of the entry into force of this Agreement. The joint

inspection shall usually be conducted in the summer season.

3. The joint inspection of the state border shall comprise

visual assessment of the condition of border markers, parameters

and location thereof, the condition of the border strip, banks of

the border waters, hydrotechnical structures and melioration

systems, as well as the condition of other facilities.

4. Measurements regarding the location of border markers and

the bank line of the border waters may be carried out, if

necessary. In the course of the joint inspection of the state

border all deficiencies related to the maintenance of the state

border, as well as discrepancies in the re-demarcation documents

shall be identified.

5. After the completion of the joint inspection of the state

border, the border delegates shall draw up minutes in 2 copies in

the Latvian and Lithuanian languages. These minutes shall be

accompanied by a statement on the joint inspection of the state

border. A separate statement shall be drawn up and attached to

the minutes with regard to each re-located, lost or damaged

border marker. Statements shall be signed by members of the

Working Group. The border delegates shall sign and forward the

minutes to the Joint Commission.

6. Any deficiencies related to the joint maintenance of the

state border shall be eliminated as soon as possible.

CHAPTER V

Joint Commission

Article 13

1. The Parties shall establish a Joint Commission within 6

months from the day of the entry into force of this

Agreement.

2. The Joint Commission in its activities shall be guided by

this Agreement, the re-demarcation documents, as well as the

rules of procedure of the Joint Commission.

3. The Joint Commission shall consist of delegations of the

Republic of Latvia and the Republic of Lithuania (hereinafter

'the delegations'). Each delegation shall be composed of 5

representatives of the respective Party. Each delegation shall be

chaired by a chairman, or, in his or her absence, by a deputy

chairman.

4. The Parties shall notify each other of the composition of

its delegation in the Joint Commission and any changes thereto

through diplomatic channels.

5. Depending on the need the Joint Commission shall have the

right to engage experts and other staff, establish joint and

unilateral working groups for carrying out tasks within the

competence of the Joint Commission.

6. Both delegations of the Joint Commission shall have their

stamps, samples of which the Parties shall exchange through

diplomatic channels.

Article 14

The basic tasks of the Joint Commission shall be as

follows:

1) control of the maintenance of the state border on site;

2) organisation of the inventory of the state border;

3) coordination and addressing of the issues related to the

location of the state border, as well as marking and maintenance

thereof.

Article 15

The functions of the Joint Commission shall be as follows:

1) analysis of the materials regarding the location of the

state border and the condition of border markers and border

strip;

2) conducting of the inventory of the state border;

3) reconciliation of the deadline, procedures and technical

conditions for the joint inspection, inventory of the state

border and other works;

4) supervision of the joint inspection;

5) drawing up results of the inventory of the state

border;

6) organisation of topographic, geodetic, cartographic and

other works within the framework of the inventory of the state

border;

7) taking of the decisions and organisation of the works that

are related to the erection of border markers or specific border

pillars in a new place or also to the erection of additional

border markers which do not alter the location of the state

border line, and drawing up of the necessary related

re-demarcation documents;

8) development of the document templates necessary for drawing

up of the Joint Commission's work results, and development of new

forms for annexes and supplements to the re-demarcation

documents, if necessary;

9) preparation of the proposals related to specification of

the state border in separate sections in accordance with results

of the inventory of the state border by respecting the strictly

established balance with regard to the land plots the states

exchange;

10) reconciliation of construction and reconstruction designs

of objects where they create preconditions for alterations in the

location or marking of the state border;

11) resolution of other tasks within its competence related to

the marking of the state border, location thereof on site,

including marking of the state border with new types of border

markers, as well as maintenance of the state border;

12) referral of the proposals to the border guard services for

elimination of the deficiencies established during the joint

inspection of the state border or inventory thereof, as well as

the proposals for improvement of maintenance measures.

Article 16

1. The Joint Commission shall perform its activities in the

format of meetings or working sessions; they shall be held

alternately in the territory of the state of each Party depending

on the need, but at least once a year. Meetings and working

sessions shall be chaired by the chairman of the hosting Party's

delegation of the Joint Commission. The Joint Commission shall

approve its rules of procedure at its first meeting.

2. An invitation to the meeting or a working session shall be

sent at least 30 days in advance. A response to the invitation

shall be sent within 10 days from the day of the receipt

thereof.

3. Between the meetings and working sessions chairmen,

deputies thereof and other members of the Joint Commission may

maintain direct contacts between each other regarding issues

within their competence.

4. According to the results of each meeting or working

session, minutes shall be taken in 2 copies in the Latvian and

Lithuanian languages. The minutes shall be signed by the chairmen

of the Joint Commission.

5. Organising costs of the meetings and working sessions of

the Joint Commission shall be covered by the hosting Party.

CHAPTER VI

Border Delegates

Article 17

1. For the purposes of expeditious addressing of the issues

related to the maintenance on site of the state border, border

markers and border strip, and the settlement of border incidents,

the Parties shall establish an institution of border delegates

composed of the following persons in each of the states of the

Parties:

1.1. a border delegate;

1.2. deputy border delegates;

1.3. assistants to the border delegates.

2. Each Party shall appoint a border delegate, his deputies

and assistants in accordance with legal acts applicable in the

territory of the state of the Party.

3. The Parties shall notify each other of the names and

surnames of the border delegates and deputies thereof through

diplomatic channels. The border delegates shall notify each other

of the names and surnames of their assistants.

4. In order to ensure activity of the institution of the

border delegates, the border delegates shall have the right to

engage interpreters, secretaries and experts.

Article 18

1. When carrying out the duties assigned, the deputy border

delegates shall have the same rights as the border delegates.

2. Rights and obligations of the assistants to border

delegates, as well as procedures for the fulfilment thereof shall

be determined by the border delegates upon mutual agreement.

Article 19

Border delegates shall have the following obligations:

1) to study and analyse the situation on the state border and

in the border strip, and to reconcile and coordinate operation of

the border guard services in the following matters:

1.1. the maintenance of border markers and the border

strip;

1.2. the joint inspection of the state border, border markers

and the border strip;

1.3. the organisation of works related to the restoration of

border markers;

1.4. the cooperation in the fight against cross-border

crime;

2) to organize unilateral or joint investigation of border

incidents and, within its competence, to examine and settle the

issues related to the border incidents that do not require

settlement through diplomatic channels;

3) to refer the issues, which are not within the competence of

the border delegates or with regard to which no agreement has

been reached as a result of joint activities, for resolution

through diplomatic channels that shall be notified to the border

delegate of the other Party;

4) to immediately inform the border delegate of the other

Party of the following:

4.1. the re-location, damage or loss of border markers or

specific border pillar;

4.2. the pollution of border waters, the emergence of threats

of ecological or natural disasters extending over the state

border;

4.3. the results of the investigation of border incidents;

5) to coordinate activities of contact points, joint patrols

and implementation of other types of joint activities on the

state border;

6) to specify the venues for working sessions, as well as the

places for the acceptance and delivery of official

correspondence;

7) to develop and reconcile draft and model documents

necessary for joint activities of the border delegates;

8) to address the issues related to the operation of temporary

border crossing points, take coordinated decisions on the

operating mode of temporary border crossing points, during the

temporary reintroduction of the border control;

9) to organise the addressing of border issues during the

temporary reintroduction of the border control;

10) to organise, in accordance with the procedures laid down

by the border guard services, the admittance and return of the

persons who do not comply with the conditions for the entry in

the state of the Party in the territory of which they have been

detained, or the conditions for the presence in this state.

Article 20

1. Border delegates, deputies and assistants thereof shall

conduct joint work in the format of working sessions.

2. Working sessions shall usually be held alternately in the

territories of the states of the Parties. An invitation to a

working session shall be sent at least 10 days in advance. A

response to the invitation shall be sent within 2 days from the

day of the receipt thereof.

3. Working sessions organised by the border delegate of one

Party shall be attended by the border delegate of the other Party

in person. In case where this is not possible, the deputy border

delegate shall attend the working sessions and the border

delegate of the other Party shall be informed about it in due

time.

4. Interpreters and experts may attend the working

sessions.

5. Border delegates may address individual issues through

direct correspondence or otherwise, provided that none of them

require that the issue should be addressed at a working

session.

Article 21

1. Working sessions of the border delegates shall be held at

least twice a year. The working session shall be chaired by the

border delegate of the hosting Party.

2. Minutes shall be taken for working sessions. The minutes

shall briefly set out the course of the working session, taken

decisions and deadlines for implementation thereof, as well as,

where applicable, dissenting opinions of the border delegates on

the issues they have failed to reach an agreement. The minutes

shall be drawn up in 2 copies in the Latvian and Lithuanian

languages. The minutes shall be signed by the border delegates,

or, in their absence, by the deputy border delegates. The

decisions taken during the working sessions shall enter into

force at the moment of signing of the minutes, unless the minutes

provide otherwise.

3. Assistants to the border delegates shall work jointly as

instructed by the border delegates. Any issues on which the

assistants to the border delegates have failed to reach an

agreement shall be addressed to the border delegates.

4. The organising costs of the working sessions shall be

covered by the hosting Party.

CHAPTER

VII

Final Provisions

Article 22

1. This Agreement is concluded for an indefinite period of

time and shall enter into force on the date of the receipt,

through diplomatic channels, of the last written notification

regarding the completion of internal procedures which are

necessary for its entry into force.

2. This Agreement may be amended upon mutual agreement between

the Parties. Such amendments shall be an integral part of this

Agreement.

3. Either Party may terminate this Agreement by giving the

other Party a notification of termination through diplomatic

channels. In such a case, this Agreement shall cease to be

effective 6 months from the date of the receipt of the

notification by the other Party.

Article 23

1. The Parties shall exchange information through diplomatic

channels regarding the competent authorities that are responsible

for implementation of this Agreement within 6 months from the day

of the entry into force of this Agreement.

2. The Parties shall inform each other through diplomatic

channels of any changes related to the competent authorities of

the Parties.

Article 24

Any disputes related to the interpretation and application of

this Agreement shall be settled through negotiations or

consultations between the Parties.

Article 25

As of the date of the entry into force of this Agreement, the

Agreement between Latvia and Lithuania on the Maintenance of

Border Signs and Border Zone of 25 January 1931, and the

Agreement between the Government of the Republic of Latvia and

the Government of the Republic of Lithuania on Activities of

Authorized Border Representatives of 1 March 2002 shall cease to

be effective.

Done at Helsinki on 18 July 2019 in 2 copies in the Latvian,

Lithuanian and English languages, all texts being authentic. In

the case of any divergence in interpretation of the provisions of

this Agreement, the English text shall prevail.

On behalf

of the Government

of the Republic of Latvia

On behalf

of the Government

of the Republic of Lithuania

Sandis

Ģirģens

Eimutis

Misiūnas