THE MARINE MAMMAL COMMISSION COMPENDIUM
MULTILATERAL / MARINE POLLUTION
Volume(s) 1-3; pages 2259-2262
Supplementary Protocol to the Agreement on Regional Co-operation in Combating Pollution of the South-East Pacific by Hydrocarbons or Other Harmful Substances, Quito, 1983
Done at Quito 22 July 1983
*( This Supplementary Protocol is not in force for the United States. >
Primary source citation: Copy of text provided by the United Nations Environment Program
SUPPLEMENTARY PROTOCOL TO THE AGREEMENT ON REGIONAL CO-OPERATION IN COMBATING POLLUTION OF THE SOUTH-EAST PACIFIC BY HYDROCARBONS OR OTHER HARMFUL SUBSTANCES
The High Contracting Parties,
Recognizing that the Agreement on Regional Co-operation in Combating Pollution of the South-East Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency establishes general principles on the subject,
Considering that it is necessary to supplement those rules by specifying the co-operation mechanisms that would function in the event of a massive oil spill with which an individual country is unable to cope single-handedly, together with the contingency plan that each country should establish,
Bearing in mind that the high cost of the measures that should be adopted calls for a rational employment of equipment, material and experts so as to enhance the possibilities of making good use of external assistance,
Hereby agree as follows:
Article I CO-OPERATION MECHANISMS IN THE EVENT OF OIL SPILLS
Each High Contracting Party shall designate the authority responsible for requesting or providing assistance in cases of emergency and shall keep the other High Contracting Parties informed of any change or designation for this purpose.
It shall also keep the other High Contracting Parties informed of the experts and equipment, material and other items which it is able to provide in cases of emergency.
Requests for assistance shall be made by the most expeditious means, if possible by telex. Such requests should indicate the nature and scale of the assistance requested, stating the amount and type of such assistance and the approximate period for which it would be required.
The Executive Secretariat, in consultation with the High Contracting Parties, shall endeavour to establish a procedure for the fulfilment of such requests and for the exchange of information required in order to provide assistance in cases of emergency.
The requesting High Contracting Party should state exactly the number of experts it requires and the type, make and quantity of equipment and material required. It should also state how many trained personnel it has available to make use of such equipment and material and the supplementary equipment and installations needed in order to operate them.
The High Contracting Party or Parties to which a request has been addressed shall consider the assistance requested and shall take a decision as soon as possible, immediately stating the form, extent and conditions of the co-operation that they will provide.
Without prejudice to the provisions of the second section of paragraph (a), the High Contracting Parties shall conduct a study of the existing stock of items that may be provided and their estimated cost, so that the Agreement may be implemented in cases of emergency, and in particular on:
(i) The rental cost of each item of spill control equipment, including the payment of insurance coverage against possible damage and partial or total loss during the period for which assistance is extended;
(ii) The value of the material which they are able to provide in cases of emergency;
(iii) The cost of transporting the equipment and material from the various places where they are stored to specific destinations in the other High Contracting Parties;
(iv) The cost of the participation of experts and trained personnel in an assistance operation;
(v) The payment arrangements for the services, material and equipment requested.
The figures arrived at by each High Contracting Party on the basis of the above-mentioned estimates shall reflect the actual cost of the co-operation to be extended. They shall not incorporate any earnings or profit for the High Contracting Party providing the assistance.
Each High Contracting Party shall determine the approximate length of time during which it would be able to provide the assistance requested. In any case, it shall enjoy priority in the use of equipment and material should an emergency occur simultaneously in its own maritime area of sovereignty and jurisdiction.
A High Contracting Party receiving material undertakes to pay for it or replace it promptly, including the cost of carriage back to the place from which it came.
In each case the High Contracting Parties shall adopt the most appropriate and expeditious procedures for replacing any material they requested, taking account of the time required to purchase and transport it to its final destination.
The High Contracting Parties shall keep a record of the amount and condition of the equipment and material dispatched and received. Once such goods have been received, any damage or loss, up to the time they are returned or reimbursed, shall be borne by the High Contracting Party requesting the assistance.
The experts participating in emergency operations shall furnish advice to the authority officially designated in accordance with paragraph (a) and shall in no case be responsible for taking decisions. Such experts shall receive the same treatment as experts of international organizations in the same field.
In view of the urgency of the co-operation requested, the customs and immigration services shall extend special concessions permitting the free movement of equipment, material and personnel necessary for the implementation of this Protocol; such equipment, material and personnel shall be granted appropriate exemptions so that timely and effective assistance can be afforded.
Article II DESCRIPTION OF THE NATIONAL CONTINGENCY PLAN
The National Contingency Plan referred to in article IV of the Agreement shall cover at least the following aspects:
Allocation of institutional and functional responsibilities for directing and executing operations to prevent, control and clean up spills of hydrocarbons or other harmful substances;
Selection of the areas most vulnerable or sensitive to ecological or economic damage which will require special protection;
The natural, atmospheric and marine conditions prevalent in such vulnerable areas;
Optimum control and clean-up methods in various circumstances and vulnerable areas;
Financial and physical resources, such as material and equipment available in the country and in the vulnerable areas, and criteria for the allocation of specialized equipment;
Plan of action in cases of emergency;
Arrangements for requesting and using outside assistance; and
List of personnel and institutions involved in the plan of action.
Article III TRAINING PROGRAMMES
The High Contracting Parties shall endeavour to develop and organize regular training programmes in order to maintain regional co-operation mechanisms referred to in this Protocol at peak efficiency.
Article IV EXECUTIVE SECRETARIAT
For the purposes of the administration and application of this Protocol, the High Contracting Parties hereby designate the Permanent Commission of the South Pacific as Executive Secretariat of the Protocol. At their first meeting, the High Contracting Parties shall establish the procedure and financing for the performance of this function.
Article V ENTRY INTO FORCE
This Protocol shall enter into force 60 days after the third instrument of ratification has been deposited with the General Secretariat of the Permanent Commission of the South Pacific.
Article VI SCOPE OF THE PROTOCOL
Once this Additional Protocol enters into force, it shall form an integral part of the Agreement on Regional Co-operation in Combating Pollution of the South-East Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency.
Article VII DENUNCIATION
This Protocol may be denounced by any of the High Contracting Parties after it has been in force for two years for the High Contracting Party denouncing it.
Such denunciation shall be effected by means of a written notification to the Executive Secretariat, which shall communicate it forthwith to the High Contracting Parties.
The denunciation shall take effect 180 days after the date of such notification.
Article VIII AMENDMENTS
This Protocol may be amended only with the unanimous agreement of the High Contracting Parties. Amendments shall be subject to ratification and shall enter into force once the third instrument of ratification has been deposited with the Executive Secretariat.
Article IX ACCESSION
This Protocol shall be open for accession by any State bordering the South-East Pacific.
Accession shall be effected by the deposit of the relevant instrument with the Executive Secretariat, which shall communicate it to the High Contracting Parties.
This Protocol shall enter into force for the State acceding to it 60 days after the deposit of the relevant instrument.
Article X RESERVATIONS
No reservations concerning this Protocol may be entered.
DONE in six identical copies, one of which shall be deposited with the General Secretariat of the Permanent Commission of the South Pacific, all being equally authentic for the purposes of implementation and interpretation.
IN WITNESS WHEREOF the Plenipotentiaries, being duly authorized by their respective Governments, have signed this Protocol in the city of Quito on the twenty-second day of July, one thousand nine hundred and eighty-three.