Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment in United States

Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment

ENTRY INTO FORCE: 20 August 1985
[note: “degree” symbols replaced by ‘d*’]

The Governments of:

the Democratic Republic of the Sudan,
the Hashemite Kingdom of Jordan,
the Kingdom of Saudi Arabia,
Palestine represented by the Palestine Liberation Organization,
the People’s Democratic Republic of Yemen,
the Somali Democratic Republic,
the Yemen Arab Republic,

Realizing that pollution of the marine environment in the waters of the
Red Sea and Gulf of Aden by oil and other harmful or noxious materials
arising from human activities on land or at sea, especially through
indiscriminate and uncontrolled discharge of these substances, presents a
growing threat to marine life, fisheries, human health, recreational uses
of beaches and other amenities,

Mindful of the special hydrographic and ecological characteristics of the
marine environment of the Red Sea and Gulf of Aden and the particular
vulnerability of its coral reefs where most biota exist,

Conscious of the need to ensure that the processes of urban and rural
development and resultant land use should be carried out in such a manner
as to preserve, as far as possible, marine resources and coastal
amenities, and that such development should not lead to deterioration of
the marine environment,

Convinced of the need to ensure that the processes of industrial
development should not, in any way, cause damage to the marine
environment, jeopardize its living resources or create hazards to human
health,

Recognizing the need to develop an integrated management approach to the
use of the marine environment and the coastal areas which will allow the
achievement of environmental and development goals in a harmonious
manner,

Recognizing also the need for a carefully planned research, monitoring
and assessment programme in view of the scarcity of scientific
information on marine pollution in the region,

Considering that the States of the Red Sea and Gulf of Aden have a
special responsibility to protect the marine environment of the region,

Aware of the importance of co-operation and coordination of action on a
regional basis with the aim of protecting the marine environment of the
Red Sea and Gulf of Aden for the benefit of all concerned, including
future generations,

Bearing in mind the existing international conventions relevant to the
present Convention,

Aiming to fulfil the objectives of the Charter of the League of Arab
States, and the Charter and Constitution of the Arab League Educational,
Cultural and Scientific Organization,

Have agreed as follows:

Article I
DEFINITIONS

For the purposes of this Convention and its Protocols, the following
terms and expressions have the meanings indicated below, except when
otherwise inferred from the text:

1. “Conservation” of the marine environment of the Red Sea and Gulf of
Aden: Rational use by man of living and non-living marine and coastal
resources in a manner ensuring optimum benefit for the present generation
while maintaining the potential of that environment to satisfy the needs
and aspirations of future generations. Such a definition of the term
“conservation” should be construed as including conservation protection,
maintenance, sustainable and renewable utilization, and enhancement of
the environment.

2. “Sea Area”: Sea Area as defined in article II of this Convention.

3. “Marine pollution”: Introduction by man, directly or indirectly, of
substances or energy into the marine environment which results or is
likely to result in such deleterious effects as harm to living resources,
hazards to human health hindrance to marine activities including fishing,
impairment of quality for use of sea water and reduction of amenities.

4. “Ships and aircraft”: Any waterborne or airborne or amphibious craft
of any type whatsoever, including hydrofoil boats, air cushion vehicles
submersibles, floating craft whether self-propelled or not, and fixed or
floating platforms and any other structure.

5. “Oil”: Petroleum in any form including crude oil, fuel oil, sludge,
refined oil, gases and other oil products, whose introduction might
impair the marine environment.

6. “Harmful substance”: Any substance whose introduction or presence in
the marine environment causes a danger threatening or impairing that
environment.

7. “National Authority”: The authority designated by each Contracting
Party as responsible for the coordination of national efforts for
implementing this Convention and its protocols.

8. “ALECSO”: The Arab League Educational Cultural and Scientific
Organization.

9. “Organization”: The Regional Organization for the Conservation of the
Red Sea and Gulf of Aden Environment established in accordance with
article XVI of this Convention.

10. “Council”: The Council established in accordance with article XVI of
this Convention.

11. “General Secretariat”: The organ of the Organization established in
accordance with article XVI of this Convention.

12. “Action Plan”: The Action Plan for the Conservation of the Marine
Environment and Coastal Areas of the Red Sea and Gulf of Aden.

Article II
GEOGRAPHICAL COVERAGE

The present Convention shall apply to the entire sea area, taking into
account integrated ecosystems of the Red Sea, Gulf of Aqaba, Gulf of
Suez, Suez Canal to its end on the Mediterranean, and the Gulf of Aden as
bounded by the following rhumb lines:

1. From Ras Dharbat Ali (lat. 16d*39′ N, long. 53d*03.5′ E), thence to a
point (lat. 16d*00′ N, long. 53d*25′ E), thence to a point (lat. 12d*40′
N, long. 55d*00′ E) lying ENE of Socotra Island, thence to Ras Hafun
(lat. 10d*26′ N, long. 51d*25′ E).

2. Any Contracting Party may request the Organization to include areas
within that Party’s national jurisdiction and lying adjacent to those
described in paragraph 1 above within the area of application of this
Convention or for the purposes of activities resulting therefrom.

3. The geographical coverage does not include internal waters of the
Contracting Parties unless otherwise stated in this Convention or any of
its protocols.

Article III
GENERAL OBLIGATIONS

1. The Contracting Parties shall, individually or jointly, take all
appropriate measures, in accordance with the present Convention and those
protocols in force to which they are party, for the conservation of the
Red Sea and Gulf of Aden environment including the prevention, abatement
and combating of marine pollution.

2. In addition to the Protocol concerning Regional Co-operation in
Combating Pollution by Oil and other Harmful Substances in Cases of
Emergency, the Contracting Parties shall co-operate in the formulation
and adoption of other protocols prescribing agreed measures, procedures
and standards for the implementation of this Convention.

3. The Contracting Parties shall establish national standards, laws and
regulations as required for the effective discharge of the obligation
prescribed in paragraph 1 of this article, and shall endeavour to
harmonize their national policies in this regard and for this purpose
appoint the National Authority.

4. The Contracting Parties shall co-operate with the competent
international, regional and sub-regional organizations to establish and
adopt regional standards, recommended practices and procedures for the
conservation of the Red Sea and Gulf of Aden environment, including the
prevention, abatement and combating of pollution from all sources in
conformity with the objectives of the present Convention, and to assist
each other in fulfilling their obligations under the present Convention.

5. The Contracting Parties shall use their best endeavours to ensure that
the implementation of the present Convention shall not cause
transformation of one type or form of pollution to another which could be
more detrimental to the environment.

Article IV
POLLUTION FROM SHIPS

The Contracting Parties shall take all appropriate measures in conformity
with the present Convention and with generally recognized international
rules to prevent, abate and combat pollution in the Sea Area caused by
intentional or accidental discharges from ships and shall ensure
effective compliance in the Sea Area with generally recognized
international rules relating to the control of this type of pollution
including load-on-top, segregated ballast and crude oil washing
procedures for tankers.

Article V
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT

The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution in the Sea Area caused by dumping of wastes
and other matter from ships and aircraft, and shall ensure effective
compliance in the Sea Area with generally recognized international rules
relating to the control of this type of pollution as provided for in
relevant international conventions.

Article VI
POLLUTION FROM LAND-BASED SOURCES

The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution caused by discharges from land reaching
internal waters and the Sea Area whether water-borne, airborne or
directly from the coast including outfalls and pipelines.

Article VII
POLLUTION RESULTING FROM EXPLORATION AND EXPLOITATION
OF THE BED OF THE TERRITORIAL SEA,
THE CONTINENTAL SHELF AND THE SUB-SOIL THEREOF

The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution in the Sea Area resulting from exploration and
exploitation of the bed of the territorial sea, the continental shelf and
the sub-soil thereof, including the prevention of accidents and the
combating of pollution emergencies resulting in damage to the marine
environment.

Article VIII
POLLUTION FROM OTHER HUMAN ACTIVITIES

The Contracting Parties shall take all appropriate measures to prevent,
abate and combat pollution in the Sea Area resulting from land
reclamation (and associated suction dredging and coastal dredging) or
resulting from estuarine or river dredging or from other human
activities.

Article IX
CO-OPERATION IN DEALING WITH POLLUTION EMERGENCIES

1. The Contracting Parties shall, individually or jointly, take all
necessary measures, including those to ensure that adequate equipment and
qualified personnel are readily available, to deal with pollution
emergencies in the Sea Area, whatever the cause of such emergencies, and
to reduce or eliminate damage resulting therefrom.

2. Any Contracting Party which becomes aware of any pollution emergency
in the Sea Area shall without delay, notify the Organization, and through
the General Secretariat, any Contracting Party likely to be affected by
such emergency.

3. The Contracting Parties shall co-ordinate their national plans for
combating pollution in the marine environment by oil and other harmful
substances in a manner that facilitates full co-operation in dealing with
pollution emergencies.

Article X
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION

1. The Contracting Parties shall co-operate directly, or through
competent international and regional organizations, in the fields of
scientific research, monitoring, assessment and combating of pollution in
the Sea Area, and shall exchange data as well as other scientific
information for the purpose of the present Convention, its protocols and
the action plan.

2. The Contracting Parties shall co-operate further to develop and
co-ordinate national monitoring and research programmes concerning all
types of pollution and pollution combating, as well as studies and
research on the marine environment. They shall co-operate further to
develop and co-ordinate necessary supporting programmes, such as marine-
meteorology programmes, and to establish, in cooperation with competent
regional or international organizations, a regional network of such
programmes to ensure compatible results. For this purpose, each
Contracting Party shall designate the National Authority responsible for
environmental research and monitoring and for marine meteorological
monitoring within the areas under its national jurisdiction.

3. The Organization and ALECSO shall cooperate in matters of common
interest for the purpose of mutual co-ordination and exchange of
technical assistance, information and documents.

Article XI
ASSESSMENT AND MANAGEMENT OF THE ENVIRONMENT

1. Each Contracting Party shall give due consideration to marine
environmental effects when planning or executing projects, including an
assessment of potential environmental effects, particularly in the
coastal areas.

2. The Contracting Parties may, in consultation with the General
Secretariat, develop procedures for dissemination of information on the
assessment of the activities referred to in paragraph 1 of this article.

3. The Contracting Parties undertake to develop, individually or jointly
environmental standards technical and other guidelines in accordance with
standard scientific practice to assist the planning and execution of
their projects in such a way as to minimize their harmful impact on the
marine environment. In this regard international standards may be used
where appropriate.

Article XII
TECHNICAL AND OTHER ASSISTANCE

The Contracting Parties shall co-operate, directly or through competent
regional or international organizations, in the development of programmes
of technical and other assistance, in fields relating to the marine
environment and its conservation in coordination with the Organization.

Article XIII
LIABILITY AND COMPENSATION

The Contracting Parties undertake to co-operate in the formulation and
adoption of appropriate rules and procedures for the determination of:

1. Civil liability and compensation for damage resulting from pollution
of the marine environment bearing in mind applicable international rules
and procedures relating to those matters; and

2. Liability and compensation for damage resulting from violation of
obligations under the present Convention and its protocols.

Article XIV
SOVEREIGN IMMUNITY

1. Warships and other ships owned or operated by a State, and used only
on government non-commercial service, shall be exempted from the
application of the provisions of the present Convention.

2. Subject to paragraph 1 above, each Contracting Party shall, as far as
possible, ensure that its warships or other ships owned or operated by
that Party, and used only on government non-commercial service, shall
comply with the provisions of the present Convention.

Article XV
DISCLAIMER

Nothing in the present Convention shall prejudice or affect the rights or
claims of any Contracting Party with regard to the nature or extent of
its maritime jurisdiction which may be established in conformity with
international law.

Article XVI
REGIONAL ORGANIZATION FOR THE CONSERVATION
OF THE RED SEA AND GULF OF ADEN ENVIRONMENT

1. A Regional Organization for the Conservation of the Red Sea and Gulf
of Aden Environment, the permanent headquarters of which shall be located
in Jeddah, Saudi Arabia, is hereby established.

2. The Organization shall consist of the following organs:

(a) A Council comprised of a representative of each Contracting
Party;

(b) A General Secretariat;

(c) A Committee for the Settlement of Disputes whose composition,
terms of reference and rules of procedure shall be decided by the
Council.

3. The Organization shall enjoy, in the territory of each Contracting
Party, all legal qualifications necessary for the discharge of its duties
and the performance of all activities concerned with the achievement of
its aims.

Article XVII
THE COUNCIL

1. (a) Membership of the Council shall be made up of the Contracting
Parties, each Contracting Party having one vote in the meetings of the
Council.

(b) Meetings of the Council shall be attended by the Director General
of ALECSO or his delegate.

2. The Council shall hold one ordinary meeting every year, and may hold
extraordinary meetings in accordance with its rules of procedure.
Meetings shall be convened at the headquarters of the Organization or at
any place as prescribed by its internal regulations or by the Council.
The Chairmanship of the Council shall be given to each Contracting Party,
in turn, in the Arabic alphabetical order starting with the Depositary
State. The term of office of the Chairman shall be one year.

3. Two thirds of the Council membership shall constitute a quorum for its
meetings.

4. The voting procedure in the Council shall be as follows:

(a) Decisions on important matters shall be taken by a unanimous vote
of the Contracting Parties present and voting;

(b) Decisions on procedural matters shall be taken by a two-thirds
majority vote of the Contracting Parties present and voting.

Article XVIII
DUTIES AND FUNCTIONS OF THE COUNCIL

The Council shall have the duties and functions necessary to achieve the
objectives of this Convention and its protocols, and in particular:

(a) To adopt its internal regulations;

(b) To keep under review the implementation of the Convention and its
protocols, and the action plan adopted for the achievement of the
purposes of this Convention and its protocols;

(c) To make recommendations regarding the adoption of any additional
protocols or any amendments to the Convention or to its protocols;

(d) To adopt, review and amend, as required, the annexes to this
Convention and to its protocols;

(e) To adopt and conclude agreements with States or with
organizations with similar purposes or interests within the aims of this
Convention and for the achievement of its purposes and which the Council
deems necessary for the discharge of its duties;

(f) To review and evaluate the state of the marine environment and
coastal areas on the basis of reports provided by the Contracting
Parties, or by the international organizations concerned;

(g) To establish subsidiary bodies and ad hoc working groups, as
required, to consider any matters related to this Convention and its
protocols or related to the annexes of this Convention and its protocols
or related to the action plan;

(h) To consider reports submitted by the Contracting Parties and
reports prepared by the General Secretariat on questions relating to the
Convention and to matters relevant to the administration of the
Organization and to decide upon them;

(i) To endeavour to settle any differences or disputes between the
Contracting Parties as to the interpretation or implementation of this
Convention or its protocols or annexes;

(j) To appoint the Secretary General;

(k) To adopt and issue its rules of procedure, administrative and
financial regulations guided by the constitution and regulations of
ALECSO. The Council may adopt or amend any other regulations necessary
for the discharge of its duties;

(l) To adopt the financial rules which determine, in particular, the
contributions of the Contracting Parties;

(m) To adopt the financial budget of the Organization;

(n) To adopt the projects and budgets for the Organization
activities;

(o) To approve a report on the work and activities of the
Organization to be submitted for information to the ALECSO General
Conference;

(p) To define and develop relations between the Organization and Arab
organizations or bodies;

(q) To perform any additional functions necessary for the achievement
of the purposes of this Convention and its protocols or which the Council
deems necessary for the discharge of its duties.

Article XIX
THE GENERAL SECRETARIAT

1. The Secretary General shall head the General Secretariat and perform
the functions necessary for the management of the Convention and its
protocols, annexes, the action plan and the work of the General
Secretariat;

2. The General Secretariat shall have the duties and powers necessary to
achieve the purposes of this Convention and its protocols and to execute
the action plan, according to decisions of the Council, and in
particular:

(a) To prepare for and convene the meetings of the Council and its
subsidiary bodies and ad hoc working groups;

(b) To transmit to the Contracting Parties notifications, reports and
other information received;

(c) To consider inquiries by, and information from, the Contracting
Parties and to consult with them on questions relating to this Convention
and its protocols, annexes and the action plan;

(d) To prepare and submit reports on matters relating to this
Convention, its protocols, annexes and the action plan or relating to the
administration of the Organization;

(e) To establish, maintain and disseminate an up-to-date collection
of national laws concerning the conservation of the marine environment of
all Contracting Parties;

(f) To provide technical assistance and advice for the drafting of
appropriate national legislation for the effective implementation of this
Convention and its protocols;

(g) To organize and co-ordinate training programmes in areas related
to the implementation of this Convention, its protocols and the action
plan;

(h) To perform such other functions as may be assigned to it by the
Council for the implementation of this Convention, its protocols and the
action plan.

Article XX
BUDGET AND FINANCIAL RESOURCES OF THE ORGANIZATION

1. The Organization shall have its own budget.

2. The financial resources of the Organization shall consist of:

(a) Contributions by the Contracting Parties;
(b) ALECSO contribution;
(c) Other contributions accepted by the Council.

3. Reports on the budget of the Organization shall be transmitted to the
ALECSO General Conference for information.

Article XXI
ADOPTION AND AMENDMENTS OF THE CONVENTION AND ITS PROTOCOLS

The Council, or any Contracting Party may propose amendments to this
Convention, its protocols or annexes. Amendments of importance shall be
adopted by a unanimous vote of the Contracting Parties. Other amendments
shall be adopted by a two-thirds majority. Any matter is considered
important if so requested by one Contracting Party. Amendments shall
enter into force when adopted by the Contracting Parties in accordance
with articles XXVI and XXVII of this Convention.

Article XXII
REPORTS

Each Contracting Party shall submit to the General Secretariat reports on
measures taken for the implementation of this Convention and its
protocols, in such form and at such intervals as may be determined by the
Council.

Article XXIII
COMPLIANCE CONTROL

The Contracting Parties shall co-operate in the development and
implementation of procedures for the effective application of the
Convention and its protocols, including detection of violations, using
all appropriate and practicable measures of detection and environmental
monitoring, including adequate procedures for reporting and accumulation
of evidence.

Article XXIV
SETTLEMENT OF DISPUTES

1. In case of a dispute as to the interpretation or application of this
Convention, its protocols or its annexes, the Contracting Parties
concerned shall seek a settlement of the dispute through amicable means.

2. If the Contracting Parties concerned cannot settle the dispute, the
matter shall be referred to the Council for its consideration.

3. If the Council does not reach a settlement of the dispute, it shall be
submitted to the Committee for the Settlement of Disputes referred to in
paragraph 2(c) of article XVI of this Convention.

Article XXV
SIGNATURE

The present Convention together with the attached Protocol shall be open
for signature in Jeddah by Governments of the States of the Red Sea and
Gulf of Aden invited to the Jeddah Regional Conference of
Plenipotentiaries on the Conservation of the Marine Environment and
Coastal Areas in the Red Sea and Gulf of Aden convened from 19 to 21
Rabie Althani A.H. 1402, corresponding to 13 to 15 February 1982.

Article XXVI
RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION

1. The present Convention together with the attached Protocol shall be
subject to ratification, acceptance, approval or accession by the States
referred to in article XXV of this Convention. Any Contracting Party
which has ratified, accepted, approved or acceded to the present
Convention shall be considered as having ratified, accepted, approved or
acceded to the attached Protocol.

2. Any State member of the Arab League has the right to accede to the
present Convention and its protocols.

Article XXVII
ENTRY INTO FORCE

1. The present Convention and the attached Protocol shall enter into
force on the ninetieth day following the date of deposit of at least four
instruments of ratification, acceptance or approval of, or accession to,
the Convention.

2. Any other protocol to this Convention, except as otherwise provided in
such protocol, shall enter into force on the thirtieth day following the
date of deposit of at least four instruments of ratification acceptance
or approval of, or accession to such protocol.

3. This Convention or any such protocol shall enter into force with
respect to any Contracting Party on the thirtieth day following the date
of deposit by that Contracting Party of its instrument of ratification,
acceptance, approval or accession.

Article XXVIII
WITHDRAWAL

1. At any time after five years from the date of entry into force of this
Convention, any Contracting Party may withdraw from this Convention by
giving written notification of withdrawal to the Depositary.

2. Except as may be otherwise provided in any other protocol to this
Convention, any Contracting Party may, at any time after five years from
the date of entry into force of such protocol, withdraw from such
protocol by giving written notification of withdrawal to the Depositary.

3. Withdrawal shall take effect twelve months after the date on which
notification of withdrawal is received by the Depositary.

4. Any Contracting Party which withdraws from the Convention shall be
considered as also having withdrawn from any protocol to which it was a
party.

5. Any Contracting Party which withdraws from the Protocol concerning
Regional Co-operation in Combating Pollution by Oil and other Harmful
Substances in Cases of Emergency shall be considered as also having
withdrawn from this Convention.

Article XXIX
RESPONSIBILITIES OF THE DEPOSITARY

1. The Depositary shall receive instruments of ratification of this
Convention and its protocols.

2. The Depositary shall call the first meeting of the Council when this
Convention enters into force after ratification by four Contracting
Parties.

3. After the first meeting of the Council the General Secretariat shall
assume all technical and administrative responsibilities and duties. The
original of this Convention, of any protocol thereto, of any annex to the
Convention or to a protocol, or of any amendment to this Convention, to a
protocol or to an annex of the Convention or of a protocol shall be
deposited with the Depositary, the Government of the Kingdom of Saudi
Arabia, which shall send certified copies thereof to the Contracting
Parties and shall also deposit certified copies of the Convention, its
protocols and annexes with the General Secretariat of the League of Arab
States in accordance with article 17 of the Arab League Charter and with
the Secretary-General of the United Nations in accordance with Article
102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly
authorized by their respective Governments, have signed the present
Convention.

Done at the City of Jeddah on Sunday the twentieth of the month Rabie
Althani of the year A.H. 1402, corresponding to 14 Shabat (February) of
the year A.D. 1982.

PROTOCOL CONCERNING REGIONAL CO-OPERATION IN COMBATING
POLLUTION BY OIL AND OTHER HARMFUL SUBSTANCES
IN CASES OF EMERGENCY (1982)

Jeddah, 14 February 1982

The Contracting Parties,

Being Parties to the Regional Convention for the Conservation of the Red
Sea and Gulf of Aden Environment (hereinafter referred to as “the
Convention”),

Conscious of the ever-present potentiality of emergencies which may
result in substantial pollution by oil and other harmful substances, and
of the need to provide co-operative and effective measures to deal with
them,

Being aware that appropriate measures for responding to pollution
emergencies need to be enhanced on a national and regional basis to deal
with this problem in a comprehensive manner for the benefit of the Red
Sea and Gulf of Aden environment,

Have agreed as follows:

Article I

For the purposes of this Protocol the following terms and expressions
have the meanings indicated below, except when otherwise inferred from
the text:

1. “Appropriate Authority”: either the “National Authority” defined in
article I of the Convention, or the authority or authorities within the
Government of a Contracting Party, designated by the National Authority
and responsible for:

(a) Combating or otherwise operationally responding to marine
emergencies;

(b) Receiving and co-ordinating information on marine emergencies;

(c) Co-ordinating available national capabilities for dealing with
marine emergencies in general within its own Government and with other
Contracting Parties.

2. “Marine Emergency”: any casualty, incident, occurrence or situation,
however caused, resulting in substantial pollution or imminent threat of
substantial pollution to the marine environment by oil or other harmful
substances and includes collisions, strandings and other incidents
involving ships, including tankers, blow-outs arising from petroleum
drilling and production activities, and the presence of oil or other
harmful substances arising from the failure of industrial installations.
3. “Marine Emergency Contingency Plan”: a plan or plans, prepared on a
national, bilateral or multilateral basis, designed to co-ordinate the
deployment, allocation and use of personnel, material, resources and
equipment for the purpose of responding to marine emergencies.

4. “Marine Emergency Response”: any activity intended to prevent,
mitigate or eliminate pollution by oil or other harmful substances or
threat of such pollution resulting from marine emergencies.

5. “Related Interests”: the interests of a Contracting Party directly or
indirectly affected or threatened by a marine emergency such as:

(a) Maritime, coastal, port or estuary activities, including
fisheries activities;

(b) Historic and tourist attractions;

(d) Industrial activities which rely upon intake of water, including
distillation plants, and industrial plants using circulating water.

6. “Convention”: the Regional Convention for the Conservation of the Red
Sea and Gulf of Aden Environment.

7. “Council”: the organ of the Regional Organization for Conservation of
the Red Sea and Gulf of Aden Environment established under article XVI of
the Convention.

8. “Centre”: the Marine Emergency Mutual Aid Centre established under
article III, paragraph 1, of the present Protocol.

Article II

1. The Contracting Parties shall co-operate in taking the necessary and
effective measures to protect the coastline and related interests of one
or more of the Parties from the threat and effects of pollution due to
the presence of oil or other harmful substances in the marine environment
resulting from marine emergencies.

2. The Contracting Parties shall endeavour to maintain and promote,
either individually or through bilateral or multilateral co-operation,
their contingency plans and means for combating pollution in the Red Sea
and Gulf of Aden by oil and other harmful substances. These means shall
include in particular, available equipment, ships, aircraft and manpower
prepared for operation in cases of emergency.

Article III

1. The Contracting Parties hereby establish the Marine Emergency Mutual
Aid Centre.

2. The objectives of the Centre shall be:

(a) To strengthen the capacities of the Contracting Parties and to
facilitate co-operation among them in order to combat pollution by oil
and other harmful substances in cases of marine emergencies;

(b) To assist Contracting Parties, which so request, in the
development of their own national capabilities to combat pollution by oil
and other harmful substances and to co-ordinate and facilitate
information exchange, technological co-operation and training;

(c) A later objective, namely, the possibility of initiating
operations to combat pollution by oil and other harmful substances at the
regional level, may be considered. This possibility should be submitted
to approval by the Council after evaluating the results achieved in the
fulfilment of the previous objectives and in the light of financial
resources which could be made available for this purpose.

3. The functions of the Centre shall be:

(a) To collect and disseminate to the Contracting Parties information
concerning matters covered by this Protocol, including:

(i) Laws, regulations and information concerning appropriate
authorities of the Contracting Parties and marine emergency
contingency plans referred to in article V of this Protocol;

(ii) Information available to the Contracting Parties concerning
methods, techniques and research relating to marine emergency
responses referred to in article VI of this Protocol- and

(iii) List of experts, equipment and materials available for marine
emergency responses by the Contracting Parties;

(b) To assist the Contracting Parties, as requested:

(i) In the preparation of laws and regulations concerning matters
covered by this Protocol and in the establishment of
appropriate authorities;

(ii) In the preparation of marine emergency contingency plans;

(iii) In the establishment of procedures under which personnel,
equipment and materials involved in marine emergency
responses may be expeditiously transported into, out of, and
through the territories of the Contracting Parties;

(iv) In the transmission to the Contracting Parties of reports
concerning marine emergencies; and

(v) In promoting and developing training programmes for combating
pollution;

(d) To develop and maintain a communication/information system
appropriate to the needs of the Contracting Parties and the Centre for
the prompt exchange of information concerning marine emergencies required
by this Protocol;

(e) To prepare inventories of the available personnel, materials,
vessels, aircraft, and other specialized equipment for marine emergency
responses;

(f) To establish and maintain liaison with competent regional and
international organizations, particularly the Inter-Governmental Maritime
Consultative Organization for the purposes of obtaining and exchanging
scientific and technological information and data, particularly with
regard to any new technology which may assist the Centre in the
performance of its functions;

(g) To prepare periodic reports on marine emergencies for submission
to the Council; and

(h) To perform any other functions assigned to it either by this
Protocol or by the Council.

4. The Centre may fulfil additional functions necessary for initiating
operations to combat pollution by oil and other harmful substances on a
regional level, when authorized by the Council, in accordance with
paragraph 2(c) above.

Article IV

1. The present Protocol shall apply to the Sea Area specified in
paragraph 1 of article II of the Convention.

2. For the purposes of dealing with a marine emergency, internal waters,
including ports, harbours, estuaries, bays and lagoons, may be treated as
part of the Sea Area if the Contracting Party concerned so decides.

Article V

Each Contracting Party shall provide the Centre and the other Contracting
Parties with information concerning:

(a) Its appropriate authority;

(b) Its laws, regulations, and other legal instruments relating
generally to matters addressed in this Protocol, including those
concerning the structure and operation of the authority referred to in
paragraph (a) above;

Article VI

Each Contracting Party shall provide the other Contracting Parties and
the Centre with information concerning:

(a) Existing and new methods, techniques, materials, and procedures
relating to marine emergency responses;

(b) Existing and planned research, their results and development in
the areas referred to in paragraph (a) above.

Article VII

1. Each Contracting Party shall direct its appropriate officials to
require masters of ships pilots of aircraft and persons in charge of
offshore platforms and other similar structures operating in the marine
environment and under its jurisdiction to report the existence of any
marine emergency in the Sea Area to the appropriate national authority
and to the Centre.

2. Any Contracting Party receiving a report pursuant to paragraph 1 above
shall promptly inform the following of the marine emergency:

(a) The Centre;

(b) All other Contracting Parties;

3. The content of the reports, including supplementary reports where
appropriate, referred to in paragraph 1 above should conform to the form
to be adopted by the Centre.

4. Any Contracting Party which submits a report pursuant to paragraphs 2
(a) and 2 (b) above, shall be exempted from the obligations specified in
paragraph 2 of article IX of the Convention.

Article VIII

The Centre shall promptly transmit information and reports which it
receives from a Contracting Party pursuant to articles V, VI and
paragraph 2 of article VII of this Protocol to all other Contracting
Parties.

Article IX

Any Contracting Party which transmits information pursuant to this
Protocol may specifically restrict its dissemination. In such a case, any
Contracting Party to which this information has been transmitted, or the
Centre, shall not divulge it to any other person, Government, or to any
public or private organization without the specific authorization of the
former Contracting Party.

Article X

Any Contracting Party faced with a marine emergency situation shall:

(a) Take every appropriate measure to combat pollution and/or to
rectify the situation;

(b) Immediately inform all other Contracting Parties, either directly
or through the Centre, of any action which it has taken or intends to
take to combat the pollution. The Centre shall promptly transmit any such
information to all other Contracting Parties;

(c) Make an assessment of the nature and extent of the marine
emergency, either directly or with the assistance of the Centre;

(d) Determine the necessary and appropriate action to be taken with
respect to the marine emergency, in consultation with other Contracting
Parties, affected States and the Centre.

Article XI

1. Any Contracting Party requiring assistance in a marine emergency
response may call for assistance directly from any other Contracting
Party or through the Centre. Where the services of the Centre are
utilized, the Centre shall promptly transmit requests received to all
other Contracting Parties. The Contracting Parties to whom a request is
made pursuant to this paragraph shall use their best endeavours within
their capabilities to render the assistance requested.

2. The assistance referred to in paragraph 1 above may include:

(a) Personnel, material, and equipment, including facilities or
methods for the disposal of recovered pollutants;

(b) Surveillance and monitoring capacity;

(c) Facilitation of the transfer of personnel material, and equipment
into, out of and through the territories of the Contracting Parties.

3. The services of the Centre may be utilized by the Contracting Parties
to co-ordinate any marine emergency response in which assistance is
called for pursuant to paragraph 1 above.

4. Any Contracting Party calling for assistance pursuant to paragraph 1
above shall report the activities undertaken with this assistance and its
results to the Centre. The Centre shall promptly transmit any such report
to all other Contracting Parties.

5. In cases of special marine emergencies, the Centre may call for the
mobilization of resources made available by the Contracting Parties to
combat pollution by oil and other harmful substances.

Article XII

1. Having due regard to the functions assigned to the Centre under this
Protocol, each Contracting Party shall establish and maintain an
appropriate authority to carry out fully its obligations under this
Protocol. With the assistance of the Centre, the appropriate authority of
each Contracting Party shall co-operate and co-ordinate its activities
with counterparts in the other Contracting Parties.

2. Among other matters with respect to which cooperation and
co-ordination efforts shall be directed under paragraph 1 above are the
following:

(a) Distribution and allocation of stocks of materials and equipment;

(b) Training of personnel for marine emergency responses;

(d) Methods of communication in respect of marine emergencies;

(e) Facilitation of the transfer of personnel, equipment and
materials involved in marine emergency responses into, out of, and
through the territories of the Contracting Parties;

(f) Other matters to which this Protocol applies.

Article XIII

The Council shall:

(a) Review periodically the activities of the Centre performed under
this Protocol;

(b) Decide on the degree to which, and stages by which, the functions
of the Centre set out in article III will be implemented;

(c) Determine the financial, administrative and other support to be
provided by the Contracting Parties to the Centre for the performance of
its functions.

This Protocol, considered an integral part of the Convention, shall be
deposited with the Government of Saudi Arabia who shall act as Depositary
pursuant to article XXIX of the Convention and who shall transmit
certified copies of it to the Contracting Parties. Certified copies of
this Protocol shall be deposited, together with the Convention, with the
General Secretariat of the League of Arab States in accordance with
article 17 of the Charter of the Arab League and registered with the
Secretary-General of the United Nations in accordance with Article 102 of
the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly
authorized by their respective Governments, have signed this Protocol.

Done at the City of Jeddah on Sunday the twentieth of the month Rabie
Althani of the year A.H. 1402, corresponding to 14 Shabat (February) of
the year A.D. 1982.

Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment

Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment in United States

Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment

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