Agreement between the Government of the Russian Federation and Government of the People's Republic of China on cooperation in the field of prevention and elimination of emergency situations
Source: English translation from Google -- https://translate.google.com/translate?hl=en&sl=ru&u=http://cawater-info...
Government of the Russian Federation and Government of the People's Republic of China, hereinafter referred to as the Parties,
Based on the Treaty on Good Neighborliness, Friendship and Cooperation between the Russian The Federation and the People's Republic of China, signed in Moscow on July 16, 2001, seeking to strengthen traditional friendly relations between the peoples of both states
Recognizing that cooperation in the prevention and management of emergency situations will contribute to the development and security of both states,
Conscious of the danger posed by emergencies for both states,
Considering that the exchange of scientific and technical information in the field of prevention and emergency response and experience in providing emergency assistance is essential for Parties
Based on the interdependence of the ecological systems of both states, requiring agreed policy in the field of prevention and elimination of emergency situations, as well as joint implementation of monitoring of emergency situations,
Taking into account the possibility of emergencies that cannot be eliminated by forces and means of one of the Parties, and the need for coordinated actions of both states in order to prevention and elimination of emergencies,
Based on the principles of humanism,
Have agreed as follows: Article 1 Definitions The terms used in this Agreement mean the following:
“Requesting Party” means a Party that requests another Party to dispatch of relief teams, equipment and supplies;
“Providing Party” - the Party that satisfies the request of the requesting Parties to send assistance teams, equipment and supplies;
“Competent authority” - a body designated by each of the Parties to lead and coordinate works related to the implementation of this Agreement;
“Relief group” - an organized group of specialists providing Parties designated to provide assistance and provided with the necessary equipment;
"Emergency" - a situation in a certain territory that has developed in as a result of an accident, dangerous natural phenomenon, disaster, natural or other disaster, which may or has resulted in loss of life, damage to human health or the environment, significant material losses and violation of conditions life of people;
"Prevention of emergency situations" - a set of measures carried out in advance and aimed at minimizing the risk of occurrence emergency situations, as well as to preserve people's health, reduce damage the environment and material losses in case of their occurrence;
"Emergency response" - rescue and other urgent work, conducted in the event of an emergency and aimed at providing assistance victims, reducing the amount of damage to the environment and material losses, and also on the localization of the emergency zone, termination of the actions characteristic of it dangerous factors;
“Emergency zone” - the territory in which an emergency situation has developed;
"Rescue operations" - actions to save people, material and cultural values, protection of the natural environment in the emergency zone, localization of emergency situation and suppression or bringing to the minimum possible level of impact of characteristic dangerous factors for her;
"Equipment" - materials, vehicles, technical equipment and equipment relief teams, as well as the personal equipment of the team members necessary for liquidation of an emergency;
"Supply materials" - material resources distributed among the population, injured in an emergency.
Article 2
Competent authorities
1. The competent authorities of the Parties are:
in the Russian Federation - the Ministry of the Russian Federation for Civil defense, emergencies and disaster relief;
in the People's Republic of China - Ministry of Civil Administration of China People's Republic.
2. In the case of the appointment of new competent authorities, the Parties in writing notify each other about this through diplomatic channels.
Article 3
Joint Commission
1. To implement this Agreement, the competent authorities of the Parties in accordance with this Agreement establish a joint commission for cooperation in the field prevention and elimination of emergency situations. Composition, functions and order of its work are determined by the competent authorities of the Parties.
2. The main tasks of the joint commission are:
1) organization of work on the implementation of this Agreement;
2) drawing up annual work plans;
3) determination of the procedure for interaction of the competent authorities of the Parties in the event of emergency situation;
4) collection and synthesis of data on the capabilities of the Parties to provide assistance;
5) determination of the procedure for mutual settlements related to the provision of assistance;
6) development of recommendations on the application of the legislation of the states of the Parties when implementation of this Agreement;
7) coordination and promotion of the development of cross-border cooperation in the field prevention and elimination of emergencies between border subjects Russian Federation and the border administrative units of the People's Republic of China Republics at the provincial level.
3. If necessary, the joint commission may create subcommittees and involve experts to solve the relevant problems.
Article 4
Cooperation between organizations and institutions of the Parties
State bodies, institutions and organizations of the state of each of the Parties, carrying out activities in the field of prevention and elimination of emergency situations, in within their powers and by agreement between the competent authorities of the Parties may participate in activities to implement this Agreement.
Article 5.
Forms of cooperation
Cooperation under this Agreement provides for:
1) interaction during monitoring of hazardous technogenic and environmental processes, as well as natural phenomena;
2) exchange of information to predict and assess the possibility of occurrence emergency situations and the potential threat they pose to the environment and population;
3) exchange of experience in organizing the preparation of the population for action in case of emergency situations, including first aid;
4) provision of mutual assistance in the elimination of emergency situations;
5) development of mutually beneficial scientific and technical cooperation, joint planning, development and implementation of research projects; exchange of scientific and technical literature and research results, information, periodicals, methodical and other literature, video and photographic materials, technologies; organization joint conferences, seminars, workshops, exercises and drills; exchange of trainees, teachers, scientists and specialists, training specialists in educational institutions states of the other Party;
6) ensuring interaction between the competent authorities of the Parties, providing mutual assistance in equipping with equipment, materials and equipment;
7) encouraging interaction between government agencies, government and non-governmental organizations, other legal entities and individuals in the field prevention and elimination of emergency situations;
8) taking, if necessary, effective measures to prevent the spread the consequences of emergencies that have arisen on the territory of the state of one of the Parties, on the territory of the state of the other Party;
9) carrying out other activities in the field of prevention by the competent authorities of the Parties and emergency response.
Article 6.
Assistance in emergency response
1. Authorities making requests for assistance in case of emergency, are Parties.
2. The provision of assistance is carried out on the basis of a request in which the requesting The Party shall provide information on the type and extent of the emergency, the place and time of its occurrence, measures taken and planned to carry out rescue operations, received or intended international assistance and indicates the type and amount of assistance required.
3. The providing Party shall, as soon as possible, consider the request of the requesting Parties and promptly informs her about the possibilities, volume and conditions of assistance. If a the providing Party offers to provide assistance with subsequent reimbursement of costs for rendering assistance, the requesting Party has the right to refuse to accept this assistance. When the impossibility of providing assistance by the providing Party information about this immediately sent to the requesting Party.
4. Assistance in the elimination of emergency situations is carried out by sending assistance teams or in any other requested form.
5. The assistance teams of the providing Party are managed the competent authority of the requesting Party through the leaders of these teams.
6. The requesting Party shall inform the relief team leaders of the situation in the emergency zone, and about the forthcoming specific work and provide these groups with translators, vehicles and means of communication, security personnel, medical services, and also carries out coordination of their actions.
7. The equipment of the relief teams should be sufficient to operate autonomous rescue operations in the emergency zone within 72 hours. At the end supplies, if necessary, for the requesting Party to continue the supplying By the rescue party, the requesting Party at its own expense provides the indicated groups with the necessary means for their further work.
8. By agreement of the Parties, based on the current situation, a decision may be made on early termination of rescue operations.
Article 7
Conditions for crossing the state border by aid groups and their regime stay on the territory of the state of the requesting Party
1. Members of aid groups cross the state border of the state the requesting Party according to valid documents recognized by the state the requesting Party, through checkpoints agreed by the Parties. If necessary the requesting Party shall ensure that entry visas are issued for them in a timely manner. The team leader should have a list of the members of the relief team and a document issued by the competent authority of the providing Party, confirming its authority.
2. The procedure for crossing the state border by search and rescue dogs and the procedure for their stay on the territory of the state of the requesting Party is determined in in accordance with the quarantine rules in force in the territory of the state of the requesting Parties.
3. Members of the relief teams are obliged during their stay in the territory of the state of the requesting Party to comply with the legislation of that state. However, they are under the jurisdiction of the state of the providing Party in terms of legislation in insurance and labor law, and related issues. Disagreements due to the difference in the legislation of the states of the Parties, are resolved by achieving agreements within the framework of a joint commission or negotiations, between representatives competent authorities of the Parties.
4. Relocation of relief teams and transport of their equipment and supplies supplies are carried out by road, rail, water or air transport.
5. The procedure for using transport to move aid groups, their equipment and support materials are determined by the competent authorities of the providing and requesting Parties.
Article 8
Import and export of equipment and support materials to assist in liquidation emergencies
1. Equipment and support materials imported into the territory of the state requesting Party and exported from the territory of the state of the providing Party for assistance in liquidation of emergencies, are exempt from customs duties and taxes. The specified equipment and support materials may not be used in commercial purposes.
2. Customs clearance of equipment and support materials is carried out in simplified priority order on the basis of issued by the competent authorities of the Parties notifications, which indicate the composition of the relief teams, the list of imported or exported equipment and supplies.
3. Assistance teams are prohibited from transporting any goods other than equipment and supplies.
4. After the completion of the relief work, the imported equipment must be removed from the territory of the state of the requesting Party.
5. If necessary, the provision of emergency medical care to the victims on the territory of the state of the requesting Party, in agreement with it, a certain the amount of medical preparations containing narcotic drugs and psychotropic substances. In this case, the head of the assistance team presents to the customs authorities submitting and requesting Parties a declaration on the import of medical products, containing narcotic drugs and psychotropic substances, indicating their nomenclature and quantity.
6. Use medicinal preparations containing narcotic drugs and psychotropic substances, only qualified medical personnel have the right the providing Party. The relevant officials of the requesting Party may monitor the use and storage of medical preparations containing narcotic drugs and psychotropic substances.
7. Unused medicinal products containing narcotic drugs and psychotropic substances must be removed from the territory of the state of the requesting Party on the basis of documents confirming the range and quantity of these drugs. On the spent medical preparations containing narcotic drugs and psychotropic substances, the customs authorities of the requesting Party are presented with an act of their use, signed by the leader and doctor of the care team and certified by a competent the body of the requesting Party.
Article 9.
Aircraft use
1. The competent authority of the providing Party in advance by diplomatic channels sends an application, informing the requesting Party of the decision to use to provide assistance aircraft with an indication for each aircraft of the state accessories, carrier of the providing Party, type, model and number, identification signs, call signs and type of flight of aircraft, number of members of the assistance team, the name and position of its leader, the number, names and positions of crew members, the nature of the cargo, take-off and landing airports, final destination, route, alternate airports, air corridors, flight altitude, take-off and landing times, frequencies of communication channels with ground services, the worst weather conditions acceptable for this flight.
2. With the permission of the requesting Party, the aircraft used to provide assistance, fly to a specific point on the territory of the state requesting Parties along the approved route. The requesting Party provides the conditions for overflight used to provide assistance to aircraft through the territory of their state, as well as its landing and takeoff.
3. The flights of aircraft used to provide assistance are carried out in in accordance with the rules established by the International Civil Aviation Organization and each of the Parties.
Article 10.
Assistance costs
1. By decision of the providing Party, assistance may be provided free of charge. IN Otherwise, the requesting Party shall reimburse the providing Party for the costs, related to assistance.
2. The requesting Party may at any time cancel its request for the provision of assistance, but in this case, the providing Party is entitled to receive compensation for the expenses for rendering assistance, unless the Parties have agreed otherwise.
3. Reimbursement of expenses referred to in paragraphs 1 and 2 of this article shall be made in freely convertible currency on the basis of a bilateral act on financial expenses for the provision of assistance signed by the competent authorities of the Parties, if the Parties do not agreed otherwise.
4. The Providing Party, in accordance with the legislation of its state, insures members of relief teams.
Article 11.
Compensation for damage
1. The requesting Party will bear the medical and travel costs in the event injury or death of members of the relief team, if this happened on the territory the state of the requesting Party when performing tasks related to the implementation of this Agreements.
2. If a member of the implementation assistance team of this Agreement, will harm a legal entity or an individual in the territory state of the requesting Party, the requesting Party shall compensate the damage in accordance with the legislation of their state.
3. Harm caused deliberately to the requesting Party by a member of the delivery team assistance is subject to reimbursement by the providing Party in accordance with the legislation the state of the requesting Party.
Article 12.
Use of information
Information obtained as a result of carried out under this Agreement activities, with the exception of information not subject to disclosure in accordance with legislation of the states of the Parties, can be published and used on the basis of the usual practice and legislation of the states of each of the Parties, unless otherwise agreed in in writing by the competent authorities of the Parties. Article 13.
Dispute Resolution
Disputes arising regarding the interpretation and application of this Agreement, are resolved through consultations and negotiations between the Parties.
Article 14.
Relationship to other international treaties
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the states of the Parties are parties.
Article 15.
Final provisions
This Agreement shall enter into force on the date of receipt of the last written notification of the implementation by the Parties of domestic procedures necessary for its entry into force.
This Agreement is concluded for an indefinite period. Each Party may terminate this Agreement by giving written notice to another side. This Agreement will terminate six months from the date of receipt notifications.
Termination of this Agreement does not affect any ongoing in accordance with it, an activity begun but not completed before its termination, if the parties will not agree otherwise.
Done in Beijing on March 21, 2006 in duplicate, each in Russian and Chinese languages, both texts being equally authentic.
For the Government of the Russian Federation
For the Government of the People's Republic of China
