10. pants

(1) Šis Līgums ir spēkā uz

nenoteiktu laiku, taču var tikt pārtraukts, ja kāda no

Līgumslēdzējām Pusēm nosūta rakstisku paziņojumu pa

diplomātiskiem kanāliem otrai Līgumslēdzējai Pusei ne vēlāk kā 6

mēnešus pirms kalendārā gada beigām. Līgums zaudē spēku sākot ar

nākošā kalendārā gada pirmo dienu.

(2) Neviena no Līgumslēdzējām

Pusēm nevar izmantot savas tiesības pārtraukt Līgumu saskaņā ar

šī panta pirmo daļu, neinformējot Eiropas Kopienas Komisiju par

nodomu tā rīkoties.

(3) Šī panta pirmās daļas

noteikumi netiek piemēroti krājumu krīzes periodā.

TO APLIECINĀDAMAS, personas, kuras

ir atbilstoši pilnvarotas, ir parakstījušas šo Līgumu.

Parakstīts Rīgā divi tūkstoši

devītā gada 6.augustā, divos oriģināleksemplāros, katrs latviešu,

igauņu un angļu valodā, visi teksti ir vienlīdz autentiski.

Atšķirīgas interpretācijas gadījumā, noteicošais ir teksts angļu

valodā.

Latvijas Republikas valdības

vārdā

Igaunijas Republikas valdības

vārdā

Artis

Kampars

ekonomikas ministrs

Jaak

Jõerüüt

Igaunijas Republikas ārējais

un pilnvarotais vēstnieks Latvijas Republikā

AGREEMENT BETWEEN THE

GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE

REPUBLIC OF ESTONIA ON THE RECIPROCAL HOLDING OF STOCKS OF CRUDE

OIL AND PETROLEUM PRODUCTS

The Government of the Republic of

Latvia and the Government of the Republic of Estonia, (the

Contracting Parties),

HAVING REGARD to Council Directive

2006/67/EC of 24 July 2006 imposing obligations on Member States

of the European Economic Community to maintain minimum stocks of

crude oil and/or petroleum products (the Directive);

HAVING REGARD to Article 7 of the

Directive which envisages the establishment of stocks within the

territory of a Member State for the account of undertakings

located in another Member State, under agreements between

Governments;

HAVING REGARD to national

legislation regarding oil stockholding obligations;

HAVE AGREED as follows:

Article 1

For the purposes of this

Agreement:

competent authority means the Governmental

authority of each Contracting Party responsible for supervising

the fulfilment by undertakings of stock obligations.

supply crisis means a supply crisis as declared

by an institution of the European Union.

territory means that area over which each

Contracting Party exercises jurisdiction.

undertaking means any undertaking or body/entity

established in the territory of one Contracting Party which is,

according to the national legislation of that Contracting Party,

entitled to hold stocks for the purpose of facilitating

compliance, whether by that undertaking or body/entity or by a

third party, with the law relating to oil stockholding

obligations of that or the other Contracting Party.

Article 2

This Agreement applies to stocks

of crude oil and of any petroleum products including blending and

finished products covered by the Directive, which have been

accepted by the competent authorities of both Contracting Parties

as being stocks to which this Agreement applies.

Article 3

(1) An undertaking located in

Latvia may hold stocks to which this Agreement applies in

Estonia. Such stocks may be held either:

(a) Directly by the undertaking

located in Latvia, or

(b) By an undertaking located in

Estonia, on behalf of the undertaking located in Latvia.

(2) An undertaking located in

Estonia may hold stocks to which this Agreement applies in

Latvia. Such stocks may be held either:

(a) directly by the undertaking

located in Estonia, or

(b) by an undertaking located in

Latvia, on behalf of the undertaking located in Estonia.

(3) For stocks to be eligible for

acceptance under Article 2 of this Agreement, the undertaking

seeking acceptance of those stocks under that Article must have

agreed to hold them whether itself or through a third party, from

the first day of any calendar month for three or more full

calendar months, after acceptance by the competent authorities of

both Contracting Parties.

(4) If an undertaking holds stocks

on behalf of another undertaking in accordance with paragraphs

(1) (b) or (2) (b) of this Article, then those stocks shall not

be taken into account by the first mentioned undertaking in its

own stocking declarations.

Article 4

Neither Contracting Party shall

oppose the transfer of stocks to which this Agreement applies

from its territory in accordance with directions issued by the

competent authority of the other Contracting Party.

Article 5

(1) No stocks may be accepted

under Article 2 of this Agreement as being stocks to which this

Agreement applies unless:

(a) the undertaking seeking to

hold the stocks outside its State of establishment (the first

undertaking) has furnished the competent authority of its

State of establishment, not later than fifteen working days

before the commencement of the period to which the acceptance

relates, with the following particulars:

(i) its name and address and the

name and address of the undertaking located in the State where

the stocks are to be held (the second undertaking) which

is to hold the stocks on its behalf;

(ii) the category and quantity of

the stocks;

(iii) the period for which the

stocks are to be held;

(iv) the location of the depot(s)

where the stocks are to be held; and

(b) both the first and the second

undertakings consent to the competent authorities of the

Contracting Parties disclosing to each other any information

obtained for the purpose of implementing this Agreement.

(2) Where an undertaking is

seeking to hold outside its State of establishment stocks which

will not be owned by that undertaking (the beneficiary

undertaking) but will be held at its disposal by another

undertaking (the delegating undertaking), then in addition

to the provisions of paragraph (1) of this Article, no stocks

which are to be so held may be accepted under Article 2 of this

Agreement as being stocks to which this Agreement applies,

unless:

(a) the stocks are to be held by

virtue of an agreement in writing between the beneficiary

undertaking and the delegating undertaking (the contract)

which will subsist throughout the period to which the acceptance

relates;

(b) the beneficiary undertaking

has the contractual right to acquire the stocks throughout the

period of the contract and the methodology for establishing the

price of such acquisition is agreed between the parties

concerned;

(c) the actual availability of the

stocks for the beneficiary undertaking is guaranteed at all times

throughout the period of the contract, and

(d) the delegating undertaking is

one which is subject to the jurisdiction of the Contracting Party

on whose territory the stocks are situated insofar as the legal

powers of that Contracting Party to control and verify the

existence of the stocks are concerned.

(3) Where the competent authority

of one Contracting Party has been furnished with particulars

under paragraph (1) (a) of this Article, or any changes in

respect of such particulars, and accepts the stocks in question

as stocks to which this Agreement applies, that authority shall,

not later than ten working days before the commencement of the

period to which the acceptance relates, transmit the particulars

to the competent authority of the other Contracting Party and

notify it of such acceptance.

(4) The competent authority to

which such notification is given (the second competent

authority) shall use all reasonable endeavours to notify the

competent authority of the other Contracting Party (the first

competent authority) whether or not it accepts the stocks in

question as stocks to which this Agreement applies no later than

five working days before the commencement of the period to which

the acceptance relates and in the event that no such notification

is received by the first competent authority before the date of

commencement of such period, the second competent authority shall

be deemed not to have accepted the stocks in question as stocks

to which this Agreement applies.

(5) Any acceptance under

paragraphs (3) or (4) of this Article may be withdrawn by either

competent authority if any significant inaccuracy is found in the

particulars furnished in respect of that acceptance under

paragraph (1) (a) of this Article or if there is any material

change in the matters to which those particulars relate. Before

withdrawing an acceptance under this provision the competent

authority concerned shall inform the competent authority of the

other Contracting Party and afford the undertaking, which had

furnished the particulars a reasonable opportunity to make

representations.

(6) Notwithstanding the time

limits indicated in Article 5, the competent authorities may, if

necessary, agree to extend any or all of those time limits.

Article 6

(1) Each competent authority shall

require any undertaking holding stocks in the territory of the

other Contracting Party to furnish it with a statistical return,

at least monthly, of those stocks within six weeks of the expiry

of the period to which the return relates. Each competent

authority shall transmit to the other competent authority copies

of every statistical return furnished under this Article.

(2) Each statistical return to be

furnished under paragraph (1) of this Article shall include

particulars of:

(a) the name and address of the

undertaking holding the stocks in the territory of the other

Contracting Party and, where applicable, the name and address of

the undertaking located in the State where the stocks are to be

held, which is to hold the stocks on its behalf;

(b) the category and quantity of

the stocks; and

(c) location, if known, of the

depot(s) where the stocks are held.

(3) The competent authority shall,

by exercising from time to time its powers of inspection, check

on the information contained in statistical returns so furnished

and notify forthwith the competent authority of the other

Contracting Party of any material discrepancy in respect of that

information.

(4) The competent authorities

shall cooperate in relation to the use of their powers of

inspection in cases where either authority considers such

cooperation to be necessary in relation to particular stocks held

under the terms of the Agreement.

Article 7

The Contracting Parties shall

consult each other as soon as reasonably practicable:

(a) in the event of a supply

crisis; or

(b) at the request of either of

them in order to

(i) resolve any difficulty arising

in the interpretation or application of this Agreement; or

(ii) amend any of the terms of

this Agreement.

Article 8

This Agreement may be amended by

written agreement between the Contracting Parties and the amended

Agreement shall take effect when the Contracting Parties have

notified each other through the diplomatic channel of the

completion of their respective requirements for the entry into

force of the amended Agreement.

Article 9

This Agreement shall enter into

force on the date of signature.

Article 10

(1) This Agreement shall continue

in force indefinitely but may be terminated by either Contracting

Party upon giving notice in writing, through the diplomatic

channel to the other Contracting Party, not less than six months

before the end of any calendar year. The Agreement shall cease to

be in force from the first day of the following calendar

year.

(2) Neither Contracting Party

shall exercise the power of termination in paragraph (1) of this

Article without having informed the Commission of the European

Communities of its intention to do so.

(3) The provisions of paragraph

(1) of this Article shall not apply during a supply crisis.

IN WITNESS WHEREOF the

undersigned, being duly authorised thereto, have signed this

Agreement.

Done at Riga this 6 day of August,

two thousand and nine, in two original copies, each in the

Latvian, Estonian and English languages, all texts being equally

authentic. In case of divergent interpretation, the English

language version shall prevail.

For the Government of the

Republic of Latvia

For the Government of the

Republic of Estonia

Artis

Kampars

Minister of Economics

Jaak

Jõerüüt

Ambassador Extraordinary and

Plenipotentiary of Estonia to Latvia