Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances, Bonn, 1983 Done at Bonn 13 September 1983 Not in force Depositary: Germany Primary source citation: Cmnd. 9104* AGREEMENT FOR CO-OPERATION IN DEALING WITH 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. * British Crown copyright; reproduced with permission of the Controller of Her Britannic Majesty's Stationery Office. ARTICLE 2 For the purpose of this Agreement the North Sea area means the North Sea proper southwards of latitude 61° N, together with: (a) (b) the Skagerrak, the southern limit of which is determined east of the Skaw by the latitude 57°44′.8 N; 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. (1) ARTICLE 3 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) (c) 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; 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; (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. (1) ARTICLE 8 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 sub-paragraph (a) or subparagraph (b) below: (a) (b) (2) 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; if the action was taken by a Contracting Party on its own initiative, this Contracting Party shall bear the costs of its action. 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. |