Agreement for Co-Operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances

Agreement for Co-Operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances in United States

Agreement for Co-Operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances

Entry into Force: 1 Sept 89

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,

Recognising 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 as 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 61ø N, together with:

(a) the Skagerrak, the southern limit of which is determined east of
the Skaw by the latitude 57ø44′.8 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 co-operation 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 organisation 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 I 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 Agreement’s 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
Co-operation 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.

ANNEX

Description of the zones referred to in Article 6 of this Agreement
The zones, with the exception of the zones of joint responsibility, are
limited by lines joining the following points:

Denmark Norway

55ø 03′ 00″.0 N 8ø 22′ 00″.0 E 61ø 00′ 00″.0 N 4ø 30′ 00″.0 E
55ø 10′ 00″.0 N 7ø 30′ 00″.0 E 61ø 00′ 00″.0 N 2ø 00′ 00″.0 E
55ø 10′ 00″.0 N 2ø 13′ 30″.0 E 57ø 00′ 00″.0 N 1ø 30′ 00″.0 E
57ø 00′ 00″.0 N 1ø 30′ 00″ 0 E 57ø 00′ 00″.0 N 2ø 25′ 04″.6 E
57ø 00′ 00″.0 N 2ø 25′ 04″.6 E 56ø 35′ 42″.0 N 2ø 36′ 48″.0 E
56ø 35′ 42″.0 N 2ø 36′ 48″.0 E 56ø 05′ 12″.0 N 3ø 15′ 00″.0 E
56ø 05′ 12″.0 N 3ø 15′ 00″.0 E 56ø 35′ 30″.0 N 5ø 02′ 00″.0 E
56ø 35′ 30″.0 N 5ø 02′ 00″.0 E 57ø 10′ 30″.0 N 6ø 56′ 12″.0 E
57ø 10′ 30″.0 N 6ø 56′ 12″.0 E 57ø 29′ S4″.0 N 7ø 59′ 00″.0 E
57ø 29′ 54″.0 N 7ø 59′ 00″.0 E 57ø 37′ 06″.0 N 8ø 27′ 30″.0 E
57ø 37′ 06″.0 N 8ø 27′ 30″.0 E 57ø 41′ 48″.0 N 8ø 53′ 18″.0 E
57ø 41′ 48″.0 N 8ø 53′ 18″.0 E 57ø 59′ 18″.0 N 9ø 23′ 00″.0 E
57ø 59′ 18″.0 N 9ø 23′ 00″.0 E 58ø 15′ 41″.2 N 10ø 01′ 48″.1 E
58ø 15′ 41″.2 N 10ø 01′ 48″.1 E 58ø 10′ 00″.0 N 10ø 00′ 00″.0 E
58ø 10′ 00″.0 N 10ø 00′ 00″.0 E 58ø 53′ 34″.0 N 10ø 38′ 25″.0 E
57ø 48′ 00″.0 N 10ø 57′ 00″.0 E To be continued along the
57ø 44′ 48″.0 N 10ø 38′ 00″.0 E Norwegian-Swedish border

Federal Republic of Germany Sweden

53ø 34′ N 6ø 38′ E 57ø 54′ N 11ø 28′ E
54ø 00′ N 5ø 30′ E 57ø 48′ N 10ø 57′ E
54ø 00′ N 2ø 39′.1 E 58ø 10′ N 10ø 00′ E
55ø 10′ N 2ø 13′.5 E 58ø 53′ 34″.0 N 10ø 38′ 25″.0 E
55ø 10′ N 7ø 30′ E To be continued along the
55ø 03′ N 8ø 22′ E Norwegian-Swedish border

Netherlands United Kingdom

51ø 32′ N 3ø 18′ E 61ø 00′ N 0ø 50′ W
51ø 32′ N 2ø 06′ E 61ø 00′ N 2ø 00′ E
52ø 30′ N 3ø 10′ E 57ø 00′ N 1ø 30′ E
54ø 00′ N 2ø 39′.1 E 52ø 30′ N 3ø 10′ E
54ø 00′ N 5ø 30′ E 51ø 32′ N 2ø 06′ E
53ø 34′ N 6ø 38′ E

The zones of joint responsibility are as follows:

(1) Belgium, France and United Kingdom
Sea area between parallels 51ø 32′ N and 51ø 06′ N.

(2) France and United Kingdom
The English Channel south-west of parallel 51ø 06′ N to a line drawn
between the points 49ø 52′ N 07ø 44′ W and 48ø 27′ N 06ø 25′ W.

(3) Denmark and Sweden
Sea area between the lines in Skagerrak joining the points
57ø 54′ N 11ø 28′ E
57ø 44′.8 N 10ø 38′ E
57ø 44’.8 N 11ø 28′ E


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