17. pants

Nobeiguma

noteikumi

1. Šis līgums ir noslēgts uz nenoteiktu laiku. Līgums stājas

spēkā trīsdesmit (30) dienas pēc tam, kad depozitārijs pa

diplomātiskiem kanāliem ir saņēmis Līgumslēdzēju Pušu pēdējo

rakstisko paziņojumu, kas apstiprina, ka ir pabeigtas visas

valstu iekšējās procedūras, kas nepieciešamas, lai šis līgums

stātos spēkā.

2. Šo līgumu var grozīt, Līgumslēdzējām Pusēm rakstveidā

savstarpēji vienojoties un noformējot grozījumus kā atsevišķus

protokolus, kas ir šā līguma neatņemama sastāvdaļa.

Līgumslēdzējas Puses var ierosināt Līguma grozījumus jebkurā

laikā. Noformētie grozījumi stājas spēkā saskaņā ar šā panta

pirmajā daļā noteikto kārtību.

3. Katra Līgumslēdzēja Puse var denonsēt šo līgumu, pa

diplomātiskiem kanāliem rakstveidā paziņojot par to

depozitārijam. Attiecībā uz konkrēto Līgumslēdzēju Pusi, šis

līgums zaudē spēku sešu (6) mēnešus pēc tam, kad depozitārijs ir

saņēmis šādu paziņojumu. Pēc tam, kad viena Līgumslēdzēja Puse ir

denonsējusi šo līgumu, tas paliek spēkā attiecībā uz pārējām

divām pusēm.

4. Šim līgumam stājoties spēkā, spēku zaudē 1999. gada 5.

februārī Viļņā parakstītais Latvijas Republikas valdības,

Igaunijas Republikas valdības un Lietuvas Republikas valdības

līgums par konsulāro sadarbību un palīdzību.

Parakstīts Rīgā 2019. gada 6. decembrī trīs eksemplāros

latviešu, igauņu, lietuviešu un angļu valodā, visiem tekstiem

esot vienlīdz autentiskiem. Atšķirīgas interpretācijas gadījumā

noteicošais ir teksts angļu valodā.

Latvijas Republikas valdības

vārdā

Igaunijas Republikas valdības

vārdā

Lietuvas Republikas valdības

vārdā

Arturs Krišjānis

Kariņš

Ministru prezidents

Jiri Ratass

premjerministrs

Sauļus

Skvernelis

premjerministrs

AGREEMENT ON

CONSULAR ASSISTANCE AND CO-OPERATION BETWEEN THE GOVERNMENT OF

THE REPUBLIC OF LATVIA, THE GOVERNMENT OF THE REPUBLIC OF ESTONIA

AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA

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 Contracting

Parties");

Desiring to promote mutual consular assistance and

co-operation;

Taking into account the developments on the field of consular

co-operation within the framework of the Baltic Council of

Ministers;

Having regard of the Vienna Convention on Consular Relations

adopted by the United Nations on 24 April 1963, and recalling

that Article 8 of the Convention provides that upon appropriate

notification to the receiving State, a consular post of the

sending State may, unless the receiving State objects, exercise

consular functions in the receiving State on behalf of a third

State;

Bearing in mind the best interests of citizens of the States

of Contracting Parties and taking into account the Council

Directive (EU) 2015/637 of 20 April 2015 on the coordination and

cooperation measures to facilitate consular protection for

unrepresented citizens of the Union in third countries and

repealing Decision 95/553/EC

Have agreed as follows:

Article 1

Definitions

For the purposes of the present Agreement:

1. "The assisting State" means the State of a

Contracting Party whose permanent diplomatic mission or consular

post provides consular protection for the citizens of the State

of the other Contracting Party in third countries.

2. "The assisted State" means the State of a

Contracting Party whose citizens may seek consular protection in

third countries from the permanent diplomatic mission or consular

post of an assisting State.

3. "The third country" means any country, including

Member State of the European Union, that is not a Contracting

Party of this Agreement.

Article 2

General

principles

1. A citizen of the assisted State in need of consular

protection in a State where the assisted State has no permanent

diplomatic mission or consular post, may seek consular assistance

from the permanent diplomatic mission or consular post of the

assisting State.

2. Such assistance shall be provided in conformity with the

rules and regulations in force in the assisting State and, where

appropriate, the assisted State, the international law and local

rules and regulations.

Article 3

Scope of

assistance

Consular protection of citizens of the assisted State shall

include the following consular functions:

a) assistance in cases of death;

b) assistance in cases of serious accident or illness;

c) assistance in cases of arrest, detention or

imprisonment;

d) assistance to victims of a violent crime;

e) relief and repatriation of distressed nationals;

f) issuance of the EU Emergency Travel Document or national

certificate of return.

Article 4

Evidence of

citizenship

1. The consular officer of the assisting State may take

measures to clarify whether the applicant is a citizen of the

assisted State.

2. Such measures include:

a) asking the applicant to submit a valid citizen's

passport;

b) asking the applicant to submit any other certificate of

citizenship;

c) in case of doubt, the consular officer of the assisting

State shall refer to the Ministry of Foreign Affairs or the

nearest permanent diplomatic mission or consular post of the

assisted State for confirmation of the applicant's

citizenship;

d) any other means that does not contradict the rules and

regulations in force in the States of the relevant Contracting

Parties and international law.

Article 5

Assistance in

cases of death

When the death of the citizen of the assisted State is

reported to a permanent diplomatic mission or consular post of

the assisting State, the consular officer:

a) shall inform immediately the Ministry of Foreign Affairs or

the nearest permanent diplomatic mission or consular post of the

assisted State;

b) may, in accordance with local rules and regulations, having

established the wishes of the next-of-kin, assist through

appropriate channels for the body to be buried, cremated or

repatriated to the home country;

c) shall enable the next-of-kin of the deceased person to

obtain a certificate of death;

d) may provide any other kind of assistance that does not

contradict the interests of the assisted individual, the

Contracting Parties and principles of international law.

Article 6

Assistance in

cases of serious accident or illness

1. A citizen of the assisted State who is seriously ill or who

is a victim of a serious accident shall receive, by whatever

means appropriate, all possible assistance.

2. Such assistance may include:

a) notification to the Ministry of Foreign Affairs or the

nearest permanent diplomatic mission or consular post of the

assisted State;

b) visits of a consular officer;

c) support to obtain medical treatment;

d) any other kind of assistance that does not contradict the

interests of the assisted individual, the Contracting Parties and

principles of international law.

Article 7

Assistance in

case of arrest, detention or imprisonment

1. Taking into account the standards settled in the

international law, the detained shall receive by appropriate

means all possible assistance.

2. Such assistance may include:

a) visits of consular officer;

b) petitions for pardons;

c) support to obtain legal advice;

d) co-operation in cases of transfer of prisoners;

e) any other kind of assistance that does not contradict the

interests of the detained, the Contracting Parties and principles

of international law.

3. A permanent diplomatic mission or consular post of an

assisting State shall inform the Ministry of Foreign Affairs or

the nearest permanent diplomatic mission or consular post of the

assisted State of arrest, detention or imprisonment of its

citizen.

Article 8

Assistance to

victims of violent crime

1. A citizen of the assisted State who is the victim of a

violent crime, shall receive, by whatever means appropriate, all

possible assistance.

2. Such assistance may include:

a) support to obtain medical treatment and legal advice;

b) report of the crime without delay to the appropriate law

enforcement authorities;

c) any other kind of assistance that does not contradict the

interests of the assisted individual, the Contracting Parties and

principles of international law.

3. The Ministry of Foreign Affairs or the nearest permanent

diplomatic mission or consular post of the assisted State whose

citizenship the victim possesses, shall be informed of such

incidents in full details.

Article 9

Assistance in

case of distress

Consular assistance to the distressed citizens of the assisted

State may include:

a) guidance on helping themselves;

b) guidance to obtain financial support from private

sources;

c) financial assistance as provided for in Article 11.

Article 10

Repatriation

1. If possible, the opportunity to return to the permanent

place of residence (repatriation) shall be facilitated for the

distressed citizens of the assisted State.

2. Such repatriation includes the following procedures:

a) submission of an application for repatriation by the

distressed citizen of the assisted State;

b) the confirmation that the applicant is eligible for

assistance from the Ministry of Foreign Affairs of the assisted

State shall be obtained;

c) promotion with financial assistance (including the purchase

of a travel ticket) as specified in Article 11 of the present

Agreement.

Article 11

Undertaking to

repay

1. No financial assistance may be given or expenditure

incurred on behalf of a distressed citizen of the assisted State

without the approval of the Ministry of Foreign Affairs of the

assisted State.

2. In all cases, if it is possible and reasonable, the citizen

of an assisted State who received financial assistance from the

assisting State, shall obtain the undertaking to repay, which

includes:

a) value of financial assistance provided;

b) where applicable, the consular fee for the assisting

State.

3. The undertaking to repay obliges the person who received

financial assistance from the assisting State to repay all the

costs as specified in paragraph 2 of the present Article to the

assisted State.

4. The assisted State shall reimburse such costs to the

assisting State.

5. The Contracting Parties shall endeavour not to provide

financial assistance to the citizen of the assisted State before

an equivalent sum of money to the financial assistance required

by the distressed person has been forwarded to the Ministry of

Foreign Affairs of the assisted State.

Article 12

EU Emergency

Travel Document and national certificate of return

1. If the travel document of a repatriating citizen of the

assisted State has been lost or cannot be used for any other

reasons, the consular officer of the assisting State shall issue

to the person the EU Emergency Travel Document according to the

procedure set forth in the respective legal acts of the European

Union.

2. If a residing non-citizen of the assisted State, who holds

the travel document that has been issued by the authorities of

the assisted State, loses or cannot use this travel document for

any other reasons, the consular officer of the assisting State

shall issue to the person a certificate of return or an EU

Emergency Travel Document. The type of issued document is chosen

by the assisting State in conformity with the rules and

regulations in force in the assisting State. Issuance of a

certificate of return should be previously confirmed by the

Ministry of Foreign Affairs of the assisted State.

Article 13

Co-operation

1. The Contracting Parties shall develop consular

co-operation, which shall include:

a) facilitation and monitoring of the implementation of the

present Agreement;

b) elaboration of general and specific consular,

administrative, financial and any other instructions, where

appropriate concerning the implementation of the present

Agreement;

c) exchange of relevant consular information;

d) analysis of different types of consular cases to harmonize

practices between the Contracting Parties;

e) specification of the permanent diplomatic missions and

consular posts providing the consular assistance.

2. The present Agreement does not preclude the Contracting

Parties to cooperate on an ad hoc basis in cases not

specified in the present Agreement.

Article 14

Language of

communication

All communication concerning the application of the present

Agreement shall be conveyed in English.

Article 15

Settlement of

disputes

All disputes arising from the implementation or interpretation

of the present Agreement shall be settled by negotiation between

the Contracting Parties.

Article 16

Depositary

The Government of the Republic of Latvia shall act as the

Depositary for the present Agreement. The Depositary shall inform

the Contracting Parties of the date of entry into force of the

present Agreement under Article 17(1); communications received

under Article 17(2); denunciations under Article 17(3).

Article 17

Final

provisions

1. The present Agreement is concluded for an unlimited period

of time. The present Agreement shall enter into force after

thirty (30) days from the receipt by the Depository of the last

written notification by the Contracting Parties through

diplomatic channels confirming that the national legal procedures

for the entry into force of the present Agreement have been

completed.

2. The present Agreement may be amended by mutual written

consent of the Contracting Parties in the form of separate

protocols which shall constitute integral parts of the present

Agreement. Each of the Contracting Parties may initiate

amendments to the present Agreement at any time. Agreed

amendments shall enter into force under the conditions laid down

in paragraph 1 of this Article.

3. Each of the Contracting Parties can denounce the present

Agreement by giving a written notification thereof to the

Depository through diplomatic channels. The present Agreement

shall cease to be in force for that specific Contracting Party

six (6) months after the date of the receipt by the Depository of

such notification. After one of the Contracting Parties denounces

the present Agreement, it shall remain in force for the other two

Contracting Parties.

4. Upon the entry into force of the present Agreement, the

Agreement on the Consular Assistance and Co-operation between the

Government of the Republic of Latvia, the Government of the

Republic of Estonia and the Government of the Republic of

Lithuania, signed in Vilnius on 5 February 1999, shall be

terminated.

Signed in Riga on 6 December 2019, in three copies, in the

Latvian, Estonian, Lithuanian and English languages, all texts

being equally authentic. In case of divergence of interpretation,

the English text shall prevail.

For the Government of the

Republic of Latvia

For the Government of the

Republic of Estonia

For the Government of the

Republic of Lithuania

Arturs Krišjānis

Kariņš

Prime Minister

Jüri Ratas

Prime Minister

Saulius

Skvernelis

Prime Minister