AGREEMENT
FOR CO-OPERATION IN DEALING WITH POLLUTION OF THE
NORTH SEA BY OIL AND OTHER HARMFUL SUBSTANCES
(Bonn, 13.IX.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,
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 cooperation 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 sec.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 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 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 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
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 Cooperation 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.
(Follow the signatures)
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
55 deg 03 min 00,0 sec N 8 deg 22 min 00,0 sec E
55 deg 10 min 00,0 sec N 7 deg 30 min 00,0 sec E
55 deg 10 min 00,0 sec N 2 deg 13 min 30,0 sec E
57 deg 00 min 00,0 sec N 1 deg 30 min 00,0 sec E
57 deg 00 min 00,0 sec N 2 deg 25 min 04,6 sec E
56 deg 35 min 42,0 sec N 2 deg 36 min 48,0 sec E
56 deg 05 min 12,0 sec N 3 deg 15 min 00,0 sec E
56 deg 35 min 30,0 sec N 5 deg 02 min 00,0 sec E
57 deg 10 min 30,0 sec N 6 deg 56 min 12,0 sec E
57 deg 29 min 54,0 sec N 7 deg 59 min 00,0 sec E
57 deg 37 min 06,0 sec N 8 deg 27 min 30,0 sec E
57 deg 41 min 48,0 sec N 8 deg 53 min 18,0 sec E
57 deg 59 min 18,0 sec N 9 deg 23 min 00,0 sec E
58 deg 15 min 41,2 sec N 10 deg 01 min 48,1 sec E
58 deg 10 min 00,0 sec N 10 deg 00 min 00,0 sec E
57 deg 48 min 00,0 sec N 10 deg 57 min 00,0 sec E
57 deg 44 min 48,0 sec N 10 deg 38 min 00,0 sec E
Federal Republik of Germany
53 deg 34 min N 6 deg 38 min E
54 deg 00 min N 5 deg 30 min E
54 deg 00 min N 2 deg 39,1 min E
55 deg 10 min N 2 deg 13,5 min E
55 deg 10 min N 7 deg 30 min E
55 deg 03 min N 8 deg 22 min E
Netherlands
51 deg 32 min N 3 deg 18 min E
51 deg 32 min N 2 deg 06 min E
52 deg 30 min N 3 deg 10 min E
54 deg 00 min N 2 deg 39,1 min E
54 deg 00 min N 5 deg 30 min E
53 deg 34 min N 6 deg 38 min E
Norway
61 deg 00 min 00,0 sec N 4 deg 30 min 00,0 sec E
61 deg 00 min 00,0 sec N 2 deg 00 min 00,0 sec E
57 deg 00 min 00,0 sec N 1 deg 30 min 00,0 sec E
57 deg 00 min 00,0 sec N 2 deg 25 min 04,6 sec E
56 deg 35 min 42,0 sec N 2 deg 36 min 48,0 sec E
56 deg 05 min 12,0 sec N 3 deg 15 min 00,0 sec E
56 deg 35 min 30,0 sec N 5 deg 02 min 00,0 sec E
57 deg 10 min 30,0 sec N 6 deg 56 min 12,0 sec E
57 deg 29 min 54,0 sec N 7 deg 59 min 00,0 sec E
57 deg 37 min 06,0 sec N 8 deg 27 min 30,0 sec E
57 deg 41 min 48,0 sec N 8 deg 53 min 18,0 sec E
57 deg 59 min 18,0 sec N 9 deg 23 min 00,0 sec E
58 deg 15 min 41,2 sec N 10 deg 01 min 48,1 sec E
58 deg 10 min 00,0 sec N 10 deg 00 min 00,0 sec E
58 deg 53 min 34,0 sec N 10 deg 38 min 25,0 sec E
To be continued along the Norwegian - Swedish border.
Sweden
57 deg 54 min N 11 deg 28 min E
57 deg 48 min N 10 deg 57 min E
58 deg 10 min N 10 deg 00 min E
58 deg 53 min 34,0 sec N 10 deg 38 min 25,0 sec E
To be continued along the Norwegian - Swedish border.
United Kingdom
61 deg 00 min N 0 deg 50 min W
61 deg 00 min N 2 deg 00 min E
57 deg 00 min N 1 deg 30 min E
52 deg 30 min N 3 deg 10 min E
51 deg 32 min N 2 deg 06 min E
The zones of joint responsibility are as follows:
(1) Belgium, France and United Kingdom:
Sea area between parallels 51 deg 32 min N and
51 deg 06 min N.
(2) France and United Kingdom:
The English Channel south-west of parallel 51 deg 06 min N to
a line drawn between the points: 49 deg 52 min N 07 deg 44 min W
and 48 deg 27 min N 06 deg 25 min W.
(3) Denmark and Sweden:
Sea area between the lines in Skagerrak joining the points:
57 deg 54 min N 11 deg 28 min E
57 deg 44,8 min N 10 deg 38 min E
57 deg 44,8 min N 11 deg 28 min E.
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