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Art.6 |
Article 6 |
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Art.6.1x |
The cooperation provided for in the preceding Articles shall also apply in the event of loss at sea of harmful substances placed in packages, freight containers, portable containers or in lorry, trailer or rail tankers. |
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Art.7 |
Article 7 |
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Art.7.1 |
1. Each of the Parties shall require its officials with powers in this context, and captains and others responsible for vessels flying its flag or for marine platforms operated in areas falling within its jurisdiction, to report forthwith the occurrence of any incident on their vessels or platforms involving the discharge or danger of discharge of hydrocarbons or other harmful substances. In the case of vessels, these reports shall comply with the provisions drawn up by the Intergovernmental Maritime Consultative Organization. |
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Art.7.2 |
2. Each of the Parties shall issue instructions to the vessels and aircraft of its maritime inspectorate and other departments that they are to report, without delay, any incident of pollution due to hydrocarbons or other harmful substances which they have observed. |
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Art.7.3 |
3. Each of the Parties shall request the captains of all vessels flying its flag and the pilots of all aircraft registered in its territory to report without delay the presence, nature and extent of the hydrocarbons or other harmful substances observed which may constitute a danger for the coast or related interests of one or more of the Parties. |
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Art.9 |
Article 9 |
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Art.9.1 |
1. The Parties may designate areas of joint interest. |
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Art.9.2 |
2. If pollution occurs in an area of joint interest, the Party in whose area of responsibility the incident occurs shall not merely inform the neighbouring Party immediately as required by Article 8 (3) but shall also invite that Party to take part in the evaluation of the nature of the incident and to decide whether the incident must be regarded as being of sufficient gravity and magnitude to warrant joint action by both Parties in combating it. |
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Art.9.3 |
3. Subject to the provisions of paragraph 4 of this Article, the responsibility for initiating such joint action shall lie with the Party in whose area of responsibility the incident occurs. This Party shall designate an authority and instruct it to coordinate action; the said authority shall then assume responsibility for action, request any aid which may be needed and coordinate all available resources. The neighbouring Party shall provide such appropriate support as its resources permit and shall likewise appoint an authority for the liaison of action. |
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Art.9.4 |
4. The neighbouring Party may assume responsibility for coordinating action subject to an agreement with the Party in whose area of responsibility the incident occurs where: |
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Art.9.4.a |
(a) the neighbouring Party is directly threatened by the incident; or |
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Art.9.4.b |
(b) the vessel or vessels in question flies or fly the flag of the neighbouring Party; or |
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Art.9.4.c |
(c) the greater part of the resources likely to be used in the operation to combat pollution belong to the neighbouring Party. If this paragraph is invoked, the Party in whose area of responsibility of incident occurs shall give the Party assuming responsibility for the coordination of action all requisite assistance. |
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Art.10 |
Article 10 |
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Art.10.1x |
A Party requiring assistance to deal with pollution or a threat of pollution at sea or off its coast may request help from the other Parties. The Party requesting assistance shall specify the type of assistance which it requires, if need be by seeking the opinion of other Parties. Parties from whom help is requested under this Article shall make every endeavour to provide such help in so far as their resources permit, taking into consideration, particularly in the event of pollution by harmful substances other than hydrocarbons, the technical resources at their disposal. |
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Art.12 |
Article 12 |
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Art.12.1x |
Each of the Parties shall develop means for monitoring shipping by setting up departments dealing with shipping movements. The Parties shall, to that end, consult each other regularly and shall participate actively in the studies needed for such development within the competent international bodies, including studies into linking up national departments dealing with shipping movements. |
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Art.13 |
Article 13 |
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Art.13.1 |
1. In the absence of any bilateral or multilateral agreement which may be concluded on the financial provisions governing action taken by the Parties to combat pollution at sea, the Parties shall bear the costs of their respective action to combat such pollution in accordance with the principles stated below: |
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Art.13.1.a |
(a) if action is taken by one Party at the express request of another, the Party which had requested the help shall refund to the other Party the expenses entailed by its action; |
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Art.13.1.b |
(b) if action is taken solely upon the initiative of one Party, that Party shall bear the costs entailed by its action; |
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Art.13.1.c |
(c) if action is taken in an area of joint interest by the Parties concerned by that area, as defined in Article 9, each Party shall bear the costs entailed by its own action. |
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Art.13.2 |
2. The Party which requested assistance shall be free to terminate its request at any time but shall, in that case, bear the expenses already disbursed or incurred by the assisting Contracting Party. |
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Art.13.3 |
3. Unless otherwise agreed, expenses entailed by action undertaken by one Party at the express request of another shall be calculated by a responsible person or body, where appropriate on the basis of an expert report, in accordance with the legislation and current practice of the assisting country for the reimbursement of such expenditure. |
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Art.14 |
Article 14 |
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Art.14.1 |
1. Article 13 of this Agreement may not in any circumstances be interpreted as prejudicing the rights of the Parties to recover from third parties the costs involved in actions undertaken to deal with pollution or a threat of pollution pursuant to other provisions and rules applicable under national and international law. |
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Art.14.2 |
2. The Parties may cooperate and provide mutual assistance in recovering the costs involved in their actions. |
