Kiri

SA European Maritime Safety Agency

Estonian Transport Administration

RBAT Tool

Terms of Use

No 1.8-4/26/1366-4

Va/ge 4/1, Tallinn 11413, Estonia, represented by Mikk Vaaks Senior Inspector

{hereinafter referred to as "the Participating entity"), agrees to the terms in this document and in Annex - 'General Conditions for accessing RBAT tool' which forms an integral part of these Terms.

1. SUBJECT MATTER AND SCOPE

The Participating entity shall access the RBAT tool and make use of the functionalities therein in line with the defined scope of usage.

2. ENTRY INTO FORCE AND DURATION

The provisions of these Terms of Use shall enter into force on the date on which it is signed by the Participating entity and shall remain valid for a period of 1 year. This initial period shall be automatically renewed for subsequent equal periods, unless the Participating entity, or EMSA sends, prior notification to the contrary, 3 months before the anniversary date .

3. RESPONSIBILITIES OF THE THIRD PARTY

The third party is bound to adhere to the 'General Conditions for accessing 'RBAT tool' (in Annex).

5. LIABILITY

The Participating entity and its Users shall adhere to the Liability Clauses in the RBAT tool.

6. COMMUNICATION

Any communication shall be made in writing. Ordinary mail shall be deemed to have been received on the date on which it is registered by the responsible department indicated below.

Electronic communication must be confirmed by paper communication when requested.

Communications shall be sent to the following addresses:

EMSA:

European Maritime Safety Agency Santiago Encabo - Head of Safety & Security - Unit 2.1

Praga Europa 4 1249-2OG Lisbon Portugal

e-mail: [email protected]

Third party:

Estonian Transport Administration Mikk Vaaks - Senior Inspector, Shipping Department Yalge 411

Tallinn 11413 Estonia

e-mail: [email protected]

7. CONFIDENTIALITY

7'1 For the purposes of these Terms, "confidential information" shall mean any information,document or material linked to the performance and not generally known to external parties which unauthorised disclosure could harm essential interests of evtSR and/or the participating entity.

7'2 The Participating entity undertakes,.when requested by EMSA, to preserve the confidentiality of any data, information or other material projided.

8. DATA PROTECTION

Any personal data included in the Terms must be processed in accordance with Regulation (EU) 201811725 of 23 october 2018 on the protection of natural persons with regard to the processing ofpersonal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45l2oo1and Decisio n No. 1247l2oo2lEc. such data must beprocessed solely for the purposes of the performance, management and monitoring of this agreement. This does not affect its possible transmission to bodies entruited with monitoring or inspection tasks in application of Union law.

9. FORCE MAJEURE

9'1 Force majeure shall mean any unforeseeable and exceptional situation or event beyond thecontrol of the parties, which prevents either of them from performing any of their obligations,was not due to error or negligence on their part and could not have been avoided by theexercise of due diligence. Defects in equipment or material or delays in making it available,labour disputes, strikes or financial probiems cannot be invoked as force maleure unless theystem directly from a relevant case of force majeure.

9'2 lf the Participating entity is faced with force majeure, it shall notify it to EMSA without delayby registered letter with acknowledgment of re-ceipt or equivalent, stating the nature, likely duration and foreseeable effects.

9'3 The Participating entity shall not be held in breach of its obligations if it has been prevented from fulfilling them by force majeure.

10. AMENDMENTS

Any amendment shall be valid onry if documented in a written form.

11. TERMINATION BY CANCELLATION

The Participating entity may, of its own volition, unilaterally terminate these Terms of Use at any time,

notifying EMSA 3 (three) months prior.

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

12.1 These Terms of Use shall be governed by European Union law.

12.2 The parties agree to use reasonable efforts to resolve amicably and expeditiously any disagreement or dispute that may arise in relation to these Terms of Use.

IAGREE TO THESE TERMS AND CONDITIONS

For Estonian Transport Administration,

Mikk Vaaks, Senior Inspector

signature[s]:

Done at Tallinn, 1310212026

In duplicate in English.

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