Agreement on the Regional Contingency Plan for Preparedness for and Response to major Marine Pollution Incidents in the Western Indian Ocean
Source: http://196.14.41.167/dbtw-wpd/images/20111026Multilateral.pdf, downloaded 20140302
The Government of the Union of the Comoros,
The Government of the French Republic,
The Government of the Republic of Kenya,
The Government of the Republic of Madagascar,
The Government of the Republic of Mauritius,
The Government of the Republic of Mozambique,
The Government of the Republic of Seychelles,
The Government of the Republic of South Africa,
The Government of the United Republic of Tanzania
hereinafter referred to as Signatories
Being Parties to the international Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (hereinafter referred to as OPRC 90 Convention)
Being also Parties to the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region adopted in Nairobi in 1985 (hereinafter referred to as the Nairobi Convention) and to its Protocol concerning Cooperation in Combating Marine Pollution in Cases of Emergency in the Eastern African Region (hereinafter referred to as the Emergency Protocol);
Taking note of the Memorandum of Understanding for the implementation of the GEFWestern Indian Ocean Marine Highway Development and Marine Contamination Prevention Project, signed in 2006 by Comoros, Kenya, Madagascar, Mauritius, Mozambique, Seychelles, South Africa and Tanzania;
Recognizing that the Indian Ocean in general, and its western part in particular, is a major route for transporting oil and that there is a high risk of oil pollution,
Noting the obligations under the OPRC 90 and the Nairobi Conventions to organize and prepare response to major marine pollution incidents, and make permanent efforts at national, sub-regional and regional levels in this regard;
Being aware that in the event of an oil pollution incident, prompt and effective action is essential in order to minimise the damage which may result from such an incident;
Bearing in mind the relevant provisions of OPRC 90 Convention related to the promotion of bilateral or multilateral agreements for preparedness for and response to pollution incidents:
Bearing also in mind other relevant international conventions concerning prevention of pollution from ships and liability and compensation for pollution damage, as referred to in Annex 1·
Considering that regional agreements, specifying in advance operational arrangements, administrative modalities and financial conditions related to cooperation in cases of emergency, are necessary for a prompt and efficient response to marine pollution incidents at regional level;
Noting that the existence of national capabilities for responding to marine pollution incidents, including pollution response equipment and trained personnel, is an indispensable prerequisite for the efficient regional co-operation and mutual assistance;
Mindful of the importance of mutual assistance and international co-operation through the exchange of information on matters such as national contingency plans, available national resources, reports on significant incidents and relevant research and development;
Acknowledging the positive role that a Regional Coordination Centre (hereinafter referred to as RCC) shall play In promoting regional co-operation in preparedness for and response to marine pollution incidents in the Western Indian Ocean region;
HAVE AGREED as follows:
1. To adopt, within the framework of the OPRC 90 Convention and of the Nairobi Convention and its Emergency Protocol, a REGIONAL CONTINGENCY PLAN FOR PREPAREDNESS FOR AND RESPONSE TO MAJOR MARINE POLLUTION INCIDENTS IN THE WESTERN INDIAN OCEAN (hereinafter referred to as "the Plan", a copy of which is attached to this Agreement) for preparedness for and response to major marine oil pollution incidents affecting or likely to affect their respective marine and coastal environment and related interests. The Plan may be amended as and when required by the Signatories.
2. To use, in accordance with the OPRC 90 Convention and with their respective national laws, and subject to their capabilities and availability of resources, the Plan as a basis for regional co-operation in preparedness for and response to major marine all pollution emergencies and to promote its implementation.
3. To use their best endeavours to render assistance to any Signatory of this Agreement which might request assistance in case of emergency, bearing in mind that nothing in the Plan precludes the right of a Signatory, whose marine and coastal environment and related Interests are likely to be affected, to request assistance from other States or Organizations;
4. To designate, in accordance with Article 6 of the OPRC 90 Convention:
(i) the competent national authority or authorities with responsibility for oil pollution preparedness and response, as their respective national authorities responsible for the implementation of the Plan, its amendment and revision, as well as for ensuring compatibility of the Plan with their respective National Contingency Plans;
(ii) the national operational contact point or points, which shall be responsible for the receipt and transmission of oil pollution reports; and
(iii) an authority which shall be entitled to act on behalf of the State to request assistance or to decide to render the assistance when so requested.
These national authorities and contact points shall be listed in Appendix 1 of the Plan.
5. That other coastal States in the Western Indian Ocean region, Parties to the OPRC 90 Convention as well as to Nairobi Convention and its Emergency Protocol, may join this Agreement subject to the consent of the Signatories of the Agreement;
6. The present Agreement and the Plan shall enter into force after being signed by at least 6 of the States concerned, and for each of the other Signatories, thirty days after the signing of this Agreement.
7. The present Agreement is without prejudice to rights and obligations of the Signatories under any other International instrument.
8. The present Agreement may be amended by mutual consent of the Signatories, at any time, upon the request of any of the Signatories.
9. Any disagreement resulting from the interpretation or application of the present Agreement shall be resolved by negotiations amongst the Signatories.
10. The Agreement may be denounced by any Signatory at any time after the expiry of four years from the date on which the Agreement enters into force for that Signatory. Denunciation shall be effected by notification in writing to the Depository (the Government of the Republic of Kenya being the depository of the Nairobi Convention).
DONE AT _____ this Tuesday the 6th day of September 2011 in the English.
For the Government of the Union of the Comoros (signed)
For the Government of the French Republic
For the Government of the Republic of Kenya (signed)
For the Government of the Republic of Madagascar (signed)
For the Government of the Republic of Mauritius (signed)
For the Government of the Republic of Mozambique (signed)
For the Government of the Republic of Seychelles (signed)
For the Government of the United Republic of Tanzania
For the Government of the Republic of South Africa (signed)
