Agreement of Cooperation Between the United States of America and the United Mexican States Regarding Pollution of the Marine Environment by Discharges of Hydrocarbons and Other Hazardous Substances, Mexico City, 1980 Done at Mexico City 24 July 1980 Entered into force provisionally 24 July 1980; Primary source citation: 32 UST 5899, TIAS 10021 AGREEMENT OF COOPERATION BETWEEN THE UNITED The Government of the United States of America and the Government of the United Mexican States, Aware of the importance of preserving the marine environment and conserving the living organisms which inhabit it, Recognizing that the pollution of the marine environment by hydrocarbons or other hazardous substances causes or may cause damage to the ecological conditions of the sea by affecting the natural resources therein and may constitute a threat to the public health and welfare, Have agreed to the following: ARTICLE I The Parties agree to establish a United States-Mexico joint contingency plan regarding pollution of the marine environment by discharges of hydrocarbons and other hazardous substances (hereafter, "the Plan”), with the object of developing measures to deal with such polluting incidents and ensuring an adequate response in each case that may affect in a significant manner the areas set forth in Article VII. ARTICLE II For the purpose of this Agreement: (a) A polluting incident means a discharge or the threat of an imminent discharge of hydrocarbons or of any hazardous substance in the sea, of a magnitude or significance that requires an immediate response in order to contain, recover or destroy the substance for the purpose of eliminating the threat or of minimizing its effects on the marine flora and fauna and on the public health and welfare. (b) Hydrocarbons means petroleum in all its forms, including crude oil, fuel oil, sludge, oil wastes, and refined products. (c) Hazardous substances means elements and compounds which when discharged into the marine environment present an imminent and substantial danger to the public health or welfare, or which may affect natural resources, including, among others, fish, shellfish, wildlife, shorelines and beaches. ARTICLE III The Parties, consistent with their means, commit themselves to the development of nationally operative systems, applicable within their respective areas, as set forth in Article VII, that permit detection of the existence or the imminent possibility of the occurrence of polluting incidents, as well as providing adequate means within their power to eliminate the threat posed by such incidents and to minimize the adverse effects to the marine environment and the public health and welfare. ARTICLE IV The Parties will cooperate, in accordance with this Agreement, including its Annexes, to avoid and combat the adverse effects on the marine environment of polluting incidents, the Parties undertake to exchange up-to-date information and consult to guarantee adequate cooperation between the competent authorities of each Party, with regard to matters falling within the scope of this Agreement, including its Annexes. ARTICLE V The coordination of the plan, with respect to the United States of America, is the primary responsibility of the United States Coast Guard and the United States National Response Team; with respect to the United Mexican States, the Secretariat of the Navy and of another agency or agencies of the Mexican Government, depending upon the nature of the polluting incident. The agencies of both Governments that will, when concerned, assist the coordinating authorities in their duties are enumerated in an Annex to this Agreement. ARTICLE VI In the case of the occurrence of a polluting incident, only the coordinating authorities of the Party in whose area, as set forth in Article VII, the incident or its effects occurred will have executive power under the Plan within its area. The coordinating authorities will recommend to their respective Governments the measures necessary to control the polluting incident. ARTICLE VII This Agreement and its Annexes shall be applicable in accordance with its terms to polluting incidents which may affect the marine environment of one or both Parties. For purposes of this Agreement, the marine environment of a Party is the area of the sea, including the adjoining shoreline, on its side of the maritime boundaries established with the other Party and other States and within 200 nautical miles of the baselines from which the breadth of its territorial sea is measured. ARTICLE VIII The joint response envisaged by this Agreement can only be applied when the Parties agree. The Parties will determine in the same manner the magnitude of the response action required by each polluting incident. ARTICLE IX None of the provisions of the present Agreement shall be interpreted as affecting the rights and obligations of the Parties under the treaties to which they are party and their respective positions with regard to the Law of the Sea. ARTICLE X By agreement of the Parties, technical Annexes that they consider necessary will be added to this Agreement and shall form an integral part thereof. Those Annexes, including those existing on the date of signature of this Agreement, will have as their purpose the development of cooperative mechanisms envisaged in this Agreement. ARTICLE XI (1) The present agreement will be applied provisionally from the date of signature. This Agreement shall enter into force upon exchange of notes informing each Party that the other Party has completed its necessary internal procedures. Amendments to this Agreement shall enter into force in the same manner. (2) (3) Amendments to the Annexes and adoption of new Annexes shall be effected by exchange of notes. This Agreement shall remain in force for five years and shall continue in force thereafter until one Party notifies the other, in writing, six months in advance, of its intention to terminate the Agreement. Done in Mexico City on the 24th of July 1980, in duplicate, in the English and Spanish languages, both texts being equally authentic. 1.1. On-Scene Coordinator. As soon as the Agreement enters into force the Parties will designate, without waiting for an incident to occur, federal officials responsible for exercising in their respective areas the authority to which Article VI of the Agreement refers. Said officials will have the title of "On-Scene Coordinator" (OSC). The Parties will also designate officials who will have advisory and liaison functions between the Parties, in the areas of the other Party; said officials will have the title of “On-Scene Advisory and Liaison Coordinator” (ALC). 1.2. The functions and responsibilities of the "On-Scene Coordinator" will be: a) b) To coordinate and direct matters related to the detection and response operations to the incident. To authorize the use of dispersants and other chemical products in accordance with respective national policy, provided that such use: (i) prevents or substantially reduces the risk to human life and health or the risk of fire; (ii) aquatic bird, or (iii) c) prevents or reduces a threat for an important segment of the population of a vulnerable species of appears to be the most efficient method to reduce the overall adverse effects of a spill. To determine the facts including: the nature, quantity and location of the pollutant, the direction and probable time of travel of same, the available resources and those required; and to obtain the necessary information to determine potential impacts on human health and welfare, and on natural resources including fish and wildlife and their habitats, and the areas which could be adversely affected; d) e) To determine priorities and to decide when to initiate the phases described in Annex IV; To permanently and in a detailed way inform the Joint Response Team (JRT) (see Annex II) about all aspects of the incident and of the response operation; f To recommend to the Chairman of the JRT of his country that he formally propose to the Chairman of the JRT of the other Party the initiation of the joint responses envisaged in Article VIII, for a specific pollution incident; h) To prepare with the advice of the ALC a final report and recommendations for future incidents, in view of the experience obtained. Said report and recommendations shall be submitted to the JRT; To coordinate, in consultation with the JRT, the official information to the information media. 1.3. i) If the response action is required in areas of the two Parties, the OSC's of both Parties will coordinate the measures to be adopted through the collaboration of both ALC's. 1.4. The OSC will notify by the most rapid means the two Chairmen of the JRT about every polluting incident which has occurred, or which is in imminent danger of occurring, which could have adverse effects in the marine environment of both Parties, or which is of such magnitude as in the judgment of the OSC would require the initiation of the joint response envisaged in Article VIII to the Agreement. This notification does not constitute a formal proposal for the initiation of the joint response. The authorities so notified will immediately acknowledge receipt and meet for the purpose of consultation. 1.5. The OSC will keep a journal of the events which occur during the application of the Plan to an incident; said journal will be placed at the disposal of the JRT. 1.6. The Parties will unilaterally divide their respective areas for purposes of the designation of an OSC and of a Joint Response Center (see Annex III) for each of those divisions. 1.7. In accordance with respective national legislation, upon initiation of a joint response special customs and immigration clearances will be sought by each Party for response resources including personnel and equipment. Prior arrangements will be sought by each Party to ensure that the clearance process can be accomplished in a timely manner and that it can be initiated by a communication between the ALC and the OSC as appropriate. 2.1. The Parties will designate, under the responsibility of the authorities mentioned in Article V of the Agreement, authorities and other persons who will constitute the JRT. That designation will be made as soon as the Agreement enters into force, without waiting for an incident to occur, and communicated to the other Party for the information of the authorities mentioned in Annex VI. 2.2. The United States authorities mentioned in Article V of the Agreement will designate the U.S. Chairman of the JRT. The Mexican authorities mentioned in Article V of the Agreement will designate the Mexican Chairman of the JRT. 2.3. When the JRT meets in the United States of America, the U.S. Chairman will preside. When the JRT meets in Mexico, the Mexican Chairman will preside. 2.4. Upon being informed of a specific polluting incident the two Chairmen of the JRT shall consult and may decide to formally propose to their Governments the initiation of the joint response envisaged in Article VIII. Agreement to initiate the joint response shall be communicated through diplomatic channels. 2.5. As soon as the U.S. and Mexican sections of the JRT are designated, the Chairmen will communicate and decide the place and date for the first meeting of the JRT to develop procedures to anticipate matters relative to a coordinated response to the eventual polluting incidents by all the competent agencies and persons. The JRT will meet as many times as necessary, both in periodic planning meetings and in emergency meetings, as decided by the Chairmen. 2.6. The functions and responsibilities of the JRT will be the following: (a) Based on the report of the OSC, advise him about the response needs and inform him about available resources for each particular situation. (b) Evaluate the measures taken by the OSC and make recommendations in this regard, once the agreement for the initiation of the joint response to a specific polluting incident is perfected. (c) Consider the reports of the OSC and recommend improvements needed in the Plan through proposed amendments to existing Annexes or for new Annexes. (d) Based on the reports of the OSC, to identify the possible impacts of a specific polluting incident and therefore to recommend the necessary actions to assess the adverse effects of such incident. the OSC. (e) Provide advice to the OSC. The JRT will have no control over the functions and responsibilities of (f) Take measures to coordinate and use to the maximum the resources which agencies or persons of the United States of America, of Mexico, or of a third country can contribute. 2.7. In order for the JRT to make decisions, the agreement of both Chairmen is required. 3.1. ANNEX III As soon as the Agreement enters into force, and without waiting for an incident to occur, the Authorities mentioned in Article V will designate Joint Response Centers, preferably utilizing already existing installations, destined to serve as headquarters for the meetings of the JRT, unless the Chairman of the JRT decides to convoke the JRT in another place, in view of the circumstances. |