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

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 61ภN, together with:

(a) the Skagerrak, the southern limit of which is determined east of
the Skaw by the latitude 57à¸44′.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.

Author: international

Mentioned in these Entries

Agreement for Co-Operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances 2, Agreement for Co-Operation in Dealing with Pollution of the North Sea by Oil, Conventions: Chronological Index 1971-1990, Marine and Coastal conventions, Other Environmental conventions, country.