AGREEMENT FOR COOPERATION IN DEALING WITH POLLUTION OF
THE NORTH SEA BY OIL AND OTHER HARMFUL SUBSTANCES
Bonn, 13 September 1983
The Governments of the Kingdom of Belgium, the Kingdom of
Denmark, the French Republic, the Federal Republic of Germany, the
Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of
Sweden, the United Kingdom of Great Britain and Northern Ireland
and the European Economic Community,
Recognizing that pollution of the sea by oil and other harmful
substances in the North Sea area may threaten the marine
environment and the interests of coastal States,
Noting that such pollution has many sources and that casualties
and other incidents at sea are of great concern,
Convinced that an ability to combat such pollution is well as
active co-operation and mutual assistance among States are
necessary for the protection of their coasts and related
interests,
Welcoming the progress that has already been achieved within the
framework of the Agreement for Co-operation in dealing with
Pollution of the North Sea by Oil, signed at Bonn on 9 June 1969,
Wishing to develop further mutual assistance and co-operation in
combating pollution,
Have agreed as follows:
Article 1
This Agreement shall apply whenever the presence or the
prospective presence of oil or other harmful substances polluting
or threatening to pollute the sea within the North Sea area, as
defined in Article 2 of this Agreement, presents a grave and
imminent danger to the coast or related interests of one or more
Contracting Parties.
Article 2
For the purpose of this Agreement the North Sea area means the
North Sea proper southwards of latitude 61 deg N, together with:
(a) the Skagerrak, the southern limit of which is determined east
of the Skaw by the latitude 57 deg 44.8 min N;
(b) the English Channel and its approaches eastwards of a line
drawn fifty nautical miles to the west of a line joining the
Scilly Isles and Ushant.
Article 3
1. The Contracting Parties consider that protection against
pollution of the kind referred to in Article 1 of this Agreement
is a matter which calls for active cooperation between them.
2. The Contracting Parties shall jointly develop and establish
guidelines for the practical, operational and technical aspects of
joint action.
Article 4
Contracting Parties undertake to inform the other Contracting
Parties about:
(a) their national organization for dealing with pollution of the
kind referred to in Article 1 of this Agreement;
(b) the competent authority responsible for receiving and
dispatching reports of such pollution and for dealing with
questions concerning measures of mutual assistance between
Contracting Parties;
(c) their national means for avoiding or dealing with such
pollution, which might be made available for international
assistance;
(d) new ways in which such pollution may be avoided and about new
effective measures to deal with it;
(e) major pollution incidents of this kind dealt with.
Article 5
1. Whenever a Contracting Party is aware of a casualty or the
presence of oil or other harmful substances in the North Sea area
likely to constitute a serious threat to the coast or related
interests of any other Contracting Party, it shall inform that
Party without delay through its competent authority.
2. The Contracting Parties undertake to request the masters of all
ships flying their flags and pilots of aircraft registered in
their countries to report without delay through the channels which
may be most practicable and adequate in the circumstances:
(a) all casualties causing or likely to cause pollution of the
sea;
(b) the presence, nature and extent of oil or other harmful
substances likely to constitute a serious threat to the coast or
related interests of one or more Contracting Parties.
3. The Contracting Parties shall establish a standard form for the
reporting of pollution as required under paragraph 1 of this
Article.
Article 6
1. For the sole purpose of this Agreement the North Sea area is
divided into the zones described in the Annex to this Agreement.
2. The Contracting Party within whose zone a situation of the kind
described in Article 1 of this Agreement occurs, shall make the
necessary assessments of the nature and extent of any casualty or,
as the case may be, of the type and approximate quantity of oil or
other harmful substances and the direction and speed of movement
thereof.
3. The Contracting Party concerned shall immediately inform all
the other Contracting Parties through their competent authorities
of its assessments and of any action which it has taken to deal
with the oil or other harmful substances and shall keep these
substances under observation as long as they are present in its
zone.
4. The obligations of the Contracting Parties under the provisions
of this Article with respect to the zones of joint responsibility
shall be the subject of special technical arrangements to be
concluded between the Parties concerned. These arrangements shall
be communicated to the other Contracting Parties.
Article 7
A Contracting Party requiring assistance to deal with pollution
or the prospective presence of pollution at sea or on its coast
may call on the help of the other Contracting Parties. Contracting
Parties requesting assistance shall specify the kind of assistance
they require. The Contracting Parties called upon for help in
accordance with this Article shall use their best endeavours to
bring such assistance as is within their power taking into
account, particularly in the case of pollution by harmful
substances other than oil, the technological means available to
them.
Article 8
1. The provisions of this Agreement shall not be interpreted as in
any way prejudicing the rights and obligations of the Contracting
Parties under international law, especially in the field of the
prevention and combating of marine pollution.
2. In no case shall the division into zones referred to in Article
6 of this Agreement be invoked as a precedent or argument in any
matter concerning sovereignty or jurisdiction.
Article 9
1. In the absence of an agreement concerning the financial
arrangements governing actions of Contracting Parties to deal with
pollution which might be concluded on a bilateral or multilateral
basis or on the occasion of a joint combating operation,
Contracting Parties shall bear the costs of their respective
actions in dealing with pollution in accordance with subparagraph
(a) or subparagraph (b) below:
(a) If the action was taken by one Contracting Party at the
express request of another Contracting Party, the Contracting
Party requesting such assistance shall reimburse to the assisting
Contracting Party the costs of its action;
(b) If the action was taken by a Contracting Party on its own
initiative, this Contracting Party shall bear the costs of its
action.
2. The Contracting Party requesting assistance may cancel its
request at any time, but in that case it shall bear the costs
already incurred or committed by the assisting Contracting Party.
Article 10
Unless otherwise agreed the costs of action taken by a
Contracting Party at the request of another Contracting Party
shall be calculated according to the law and current practice in
the assisting country concerning the reimbursement of such costs
by a person or entity liable.
Article 11
Article 9 of this Agreement shall not be interpreted as in any
way prejudicing the rights of Contracting Parties to recover from
third parties the costs of action to deal with pollution or the
threat of pollution under other applicable provisions and rules of
national and international law.
Article 12
1. Meetings of the Contracting Parties shall be held at regular
intervals and at any time when, due to special circumstances, it
is so decided in accordance with the Rules of Procedure.
2. The Contracting Parties at their first meeting shall draw up
Rules of Procedure and Financial Rules, which shall be adopted by
unanimous vote.
3. The Depositary Government shall convene the first meeting of
Contracting Parties as soon as possible after the entry into force
of this Agreement.
Article 13
Within the areas of its competence, the European Economic
Community is entitled to a number of votes equal to the number of
its Member States which are Contracting Parties to the present
Agreement. The European Economic Community shall not exercise its
right to vote in cases where its Member States exercise theirs and
conversely.
Article 14
It shall be the duty of meetings of the Contracting Parties:
(a) to exercise overall supervision over the implementation of
this Agreement;
(b) to review the effectiveness of the measures taken under this
Agreement;
(c) to carry out such other functions as may be necessary under
the terms of this Agreement.
Article 15
1. The Contracting Parties shall make provision for the
performance of secretariat duties in relation to this Agreement,
taking into account existing arrangements in the framework of
other international agreements on the prevention of marine
pollution in force for the same region as this Agreement.
2. Each Contracting Party shall contribute 2.5% towards the annual
expenditure of the Agreement. The balance of the Agreements
expenditure shall be divided among Contracting Parties other than
the European Economic Community in proportion to their gross
national product in accordance with the scale of assessment
adopted regularly by the United Nations General Assembly. In no
case shall the contribution of a Contracting Party to this balance
exceed 20% of the balance.
Article 16
1. Without prejudice to Article 17 of this Agreement, a proposal
by a Contracting Party for the amendment of this Agreement or its
Annex shall be considered at a meeting of the Contracting Parties.
Following adoption of the proposal by unanimous vote the amendment
shall be communicated by the Depositary Government to the
Contracting Parties.
2. Such an amendment shall enter into force on the first day of
the second month following the date on which the Depositary
Government has received notifications of approval from all
Contracting Parties.
Article 17
1. Two or more Contracting Parties may modify the common
boundaries of their zones described in the Annex to this
Agreement.
2. Such a modification shall enter into force for all Contracting
Parties on the first day of the sixth month following the date of
its communication by the Depositary Government unless, within a
period of three months following that communication, a Contracting
Party has expressed an objection or has requested consultation on
the matter.
Article 18
1. This Agreement shall be open for signature by the Governments
of the States invited to participate in the Conference on the
Agreement for Cooperation in Dealing with Pollution of the North
Sea by Oil and Other Harmful Substances, held at Bonn on 13
September 1983, and by the European Economic Community.
2. These States and the European Economic Community may become
Parties to this Agreement either by signature without reservation
as to ratification, acceptance or approval or by signature subject
to ratification, acceptance or approval followed by ratification,
acceptance or approval.
3. Instruments of ratification, acceptance or approval shall be
deposited with the Government of the Federal Republic of Germany.
Article 19
1. This Agreement shall enter into force on the first day of the
second month following the date on which the Governments of all
the States mentioned in Article 18 of this Agreement and the
European Economic Community have signed the Agreement without
reservation as to ratification, acceptance or approval or have
deposited an instrument of ratification, acceptance or approval.
2. Upon the entry into force of this Agreement, the Agreement for
Co-operation in dealing with Pollution of the North Sea by Oil,
done at Bonn on 9 June 1969, shall cease to be in force.
Article 20
1. The Contracting Parties may unanimously invite any other
coastal State of the North East Atlantic area to accede to this
Agreement.
2. In such a case Article 2 of this Agreement and its Annex shall
be amended as necessary. The amendments shall be adopted by
unanimous vote at a meeting of the Contracting Parties and shall
take effect upon the entry into force of this Agreement for the
acceding State.
Article 21
1. For each State acceding to this Agreement, the Agreement shall
enter into force on the first day of the second month following
the date of deposit by such State of its instrument of accession.
2. Instruments of accession shall be deposited with the Government
of the Federal Republic of Germany.
Article 22
1. After this Agreement has been in force for five years it may be
denounced by any Contracting Party.
2. Denunciation shall be effected by a notification in writing
addressed to the Depositary Government which shall notify all the
other Contracting Parties of any denunciation received and of the
date of its receipt.
3 . A denunciation shall take effect one year after its receipt by
the Depositary Government.
Article 23
The Depositary Government shall inform the Contracting Parties
and those referred to in Article 18 of this Agreement of:
(a) any signature of this Agreement;
(b) the deposit of any instrument of ratification, acceptance,
approval or accession and of the receipt of any notice of
denunciation;
(c) the date of entry into force of this Agreement;
(d) the receipt of any notification of approval relating to
amendments to this Agreement or its Annex and of the date of entry
into force of such amendments.
Article 24
The original of this Agreement, of which the English, French and
German texts are equally authentic, shall be deposited with the
Government of the Federal Republic of Germany, which shall send
certified copies thereof to the Contracting Parties and which
shall transmit a certified copy to the Secretary-General of the
United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.
In witness whereof the undersigned, being duly authorised thereto
by their respective Governments, have signed this Agreement.
Done at Bonn, this thirteenth day of September 1983.
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