Agreement On Transboundary Cooperation With A View To Preventing Or Limiting Harmful Effects For Human Beings, Property Or The Environment In The Event Of Accidents

Filename: 1989-TransboundaryCooperationHarmfulEffectsAccidents.EN.txt

Agreement Between Denmark, Finland, Norway and Sweden on Cooperation over National Territorial Borders with the Aim of Preventing or Limiting Damage to Man or Property or the Environment in the Event of Accidents (Extract)

Source:, downloaded 20070520 English translation by Google Translate

The Governments of Denmark, Finland, Norway and Sweden,

Convinced of the necessity of cooperation between the competent authorities of the Contracting States for the purpose of facilitating the mutual assistance in case of accidents in peacetime and to accelerate the deployment of aid personnel and equipment,

who see this agreement as a framework, which is designed to complement other Nordic multilateral or bilateral agreements in the field,

and who wish to further enhance cooperation in the field,

Have agreed as follows:

Article first

This agreement relates to cooperation across state borders in order in case of accidents and at imminent risk of accidents to prevent or minimize damage to people, property or the environment. The Contracting States shall in their national legislation and other provisions as far as possible seek to remove obstacles to such cooperation.

Article 2

Each of the Contracting States undertake in the event of an accident or imminent risk of an accident to provide the necessary assistance in accordance with its possibilities and provisions of this Agreement. The provisions of Articles 3-5 shall only apply, unless otherwise provided by bilateral or multilateral agreements.

Article 3

An authority of a Contracting State which, in case of an accident is responsible for measures designed to prevent or limit damage to people, property or the environment, may request assistance directly from a competent authority of another Contracting State. The authority, which has been asked for assistance, determine whether such assistance can be provided.

The authorities of the requesting state has full responsibility for leading efforts at the scene except in cases where the site is located within the other Contracting State. Staff from the assisting State available under the direction of their own officers and perform service in the requesting State in accordance with the assisting state current service provision.

It is the responsibility of the applicant State to ensure that vehicles, rescue equipment and other equipment carried by a support action may be across borders without import and export formalities and exempt from taxes and fees. Vehicles, rescue equipment and other equipment can be used without special permission body in accordance with applicable regulations of the assisting state. After using the action is completed, vehicles, rescue equipment and other equipment as soon as possible re-exported from the country. The same applies in the exercise of the relief effort.

If assistance includes military personnel, government vessels, state aircraft and military vehicles required to have special access permission, the authority of the requesting State effecting the necessary permission. Until such authorization exists there must be no limit violations.

Article 4

The costs for remedial actions under this Agreement shall be held as follows:

The assisting State is entitled to reimbursement from the requesting state for the cost of such measures to the extent that these can be attributed to the support provided.

The requesting State may at any time withdraw the request for assistance, but the assisting state shall then be entitled to compensation for costs which it has been applied.

The assisting state shall at all times be prepared to provide information on the estimated cost for assistance.

The basis on which costs are incurred.

These provisions shall not prejudice the Contracting States a right of recourse against third parties relating to the payment of costs under such other rules and regulations into national law or international law, as may be applicable.

Article 5

The requesting State is responsible for damage caused by assistance within its own territory granted under this Agreement. The requesting State Party undertakes to settle the claim or negotiate a settlement with respect to compensation, as directed by third parties against the assisting State or its crew. The requesting State is responsible for all costs and other expenses attributable to the relevant requirements.

The requesting State Party shall provide the assisting state compensation for death or personal injury suffered by his crew, and for loss of or damage to equipment or property caused in the requesting territory as a result of the assistance provided.

The assisting State is responsible for damage that arises on its own territory.

The requesting State, if under this Article has compensated, the right to recourse claims against assisting personnel who caused the damage intentionally or through gross negligence.

Article 6

The Contracting States shall mutually provide information relevant to this Agreement on the organization of rescue services and the competent authorities involved, such legislative measures and other important changes affecting this Agreement. States Parties shall further contribute to the development of cooperation in this area.

With regard to the practical application of this Agreement, it is expected that the competent authorities in the respective Contracting States with direct interconnection.

Within the framework of this Agreement meetings, where they exist appropriate.

Article 7

This Agreement shall enter into force thirty (30) days after the day on which two of the States Parties in writing informed the Swedish Utrikesdepartement that the agreement has been approved by them.

For a Contracting State which, after its entry into force, announces that agreement has been approved, the Agreement shall enter into force thirty (30) days after the date the Swedish Utrikesdepartement notification is received.

The Swedish Utrikesdepartement shall inform the other States Parties of the date of receipt of such notice and the date of its entry into force.

Article 8

Iceland supports this agreement. The instrument of accession shall be deposited with the Swedish Utrikesdepartement. The Agreement shall enter into force for Iceland on the day of deposit. The Swedish Utrikesdepartement shall notify in writing the other Contracting Parties of the date of deposit.

Article 9

This Agreement may be terminated by written notification to the Swedish Utrikesdepartement, which shall inform the other Contracting States of the date of receipt of such notice and its content. A notice applies only to the denouncing Contracting State and shall take effect six (6) months from the day on which the Swedish Utrikesdepartement has received notice of termination.

Article 10

The original of this Agreement shall be deposited in the Swedish Utrikesdepartement, which provide the other Contracting State certified copies of the same. In witness whereof, the duly authorized have signed this Agreement.

Done at Stockholm on 20 January 1989 in four copies in the Danish, Finnish, Norwegian and Swedish languages, both texts being equally authentic.