Agreement on cooperation in the field of prevention and mitigation of emergencies at the Caspian Sea

Filename: 8016-2014-CaspianEmergencyPrevention

Agreement on cooperation in the field of prevention and elimination of emergencies in the Caspian Sea

Source: http://docs.cntd.ru/document/420388539

The Governments of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties,

Proceeding from the relations of friendship and cooperation between the Caspian states and their peoples and emphasizing their desire for their further development,

Stressing the role of the United Nations and other international organizations in the field of assistance in the prevention and management of emergencies,

Recognizing the likelihood of emergencies of a natural and man-made character that cannot be eliminated by the forces of the state of one of the Parties and require the implementation of coordinated actions by the states of the Parties in their prevention and liquidation,

Aware of the danger posed by emergencies,

Bearing in mind the provisions of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (Tehran Convention) of 4 November 2003,

Aware of the responsibility to future generations for the preservation of the unique ecosystem of the Caspian,

Striving to develop scientific and technical cooperation in the prevention and elimination of emergency situations,

Have agreed as follows:

Article 1. Definitions

Definitions

The terms used in this Agreement have the following meanings:

"emergency" - a situation that has arisen as a result of an accident, disaster or disaster of a natural or man-made nature, which has entailed or may entail human casualties, harm to human health, the environment and industrial and social infrastructure, significant material losses and disruption of living conditions population;

“requesting Party” means a Party that requests other Parties to send assistance teams, equipment and supplies;

"Providing Party" means a Party that accepts a request from the requesting Party to dispatch relief teams, equipment and supplies;

"emergency zone" - an area in which an emergency occurred;

"competent authority" - a body designated by each Party to coordinate actions related to the implementation of this Agreement;

"liquidation of emergency situations" - rescue and other urgent work carried out in the event of emergencies and aimed at saving lives and preserving people's health, protecting the environment, reducing damage and material losses, as well as localizing emergency zones;

"relief team" - a team of specialists dispatched by the providing Party to provide assistance, provided with the necessary equipment;

"equipment" - materials, transport and technical means, equipment of the relief group and personal equipment of its members, including medicines and medical products necessary for the life support of the relief group during the period of rescue operations;

"support materials" - material resources intended for free distribution among people affected by the emergency;

"prevention of emergency situations" - a set of preventive measures aimed at the maximum possible reduction of the risk of emergencies and their impact on human health and the environment;

"state of transit" - the state of any of the Parties, with the exception of the state of the requesting Party, through whose territory the relief teams, equipment and support materials are in transit.

Article 2. Scope of application

Scope of application

1. This Agreement regulates the interaction of the Parties in the event of natural and man-made emergencies in the Caspian Sea.

2. This Agreement is applied in order to prevent and / or liquidate emergencies in the Caspian Sea, if they cannot be eliminated by the own forces of the state of any of the Parties, as a result of which this Party has the right to seek help from the other Party or Parties.

This Agreement shall also apply in the case when the requesting Party believes that an emergency situation that has arisen on the land territory of its state may have a negative impact on the Caspian Sea.

Article 3. Principles

Principles

The Parties cooperate in the field of prevention and elimination of emergency situations in accordance with the legislation of the States of the Parties and generally accepted international norms, based on the following principles:

1) equality and reciprocity;

2) independence of decision-making at the domestic level;

3) rendering assistance by the Parties in accordance with their capabilities;

4) distribution of support materials among affected people without discrimination on racial, ethnic, religious, political or other grounds.

Article 4. Forms of cooperation

Forms of cooperation

Cooperation of the Parties under this Agreement provides for:

- creation and improvement of the system of interaction for the prevention and elimination of emergency situations;

- interaction of the Parties in forecasting and monitoring emergency situations;

- informing (notification) of the risk of an emergency situation that may affect the state of the other Party;

- rendering assistance in the elimination of emergency situations;

- providing the necessary assistance in equipping the relief teams;

- exchange of experience in organizing preparation for actions in case of an emergency;

- exchange of information, scientific and technical literature, research results and technologies in the field of prevention and elimination of emergency situations;

- holding joint conferences, workshops, trainings and exercises, specialized exhibitions;

- training of specialists in educational institutions, exchange of trainees, teachers, scientists and specialists;

- other activities in the field of prevention and elimination of emergencies as agreed by the Parties.

Article 5. Competent authorities

Competent authorities

1. In order to implement this Agreement, the Parties shall appoint the following competent authorities:

from the Republic of Azerbaijan - the Ministry of Emergency Situations of the Republic of Azerbaijan;

for the Islamic Republic of Iran, the Ministry of the Interior of the Islamic Republic of Iran (National Organization for Disaster Management);

from the Republic of Kazakhstan - the Ministry of Internal Affairs of the Republic of Kazakhstan, the Ministry for Investment and Development of the Republic of Kazakhstan;

from the Russian Federation - the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters, the Ministry of Transport of the Russian Federation;

from Turkmenistan - the Ministry of Defense of Turkmenistan (Department of Emergency Situations and Rescue Operations of the Main Directorate of Civil Defense and Emergencies).

2. In case of appointment of another competent authority or change of its name, the Party shall inform the Depositary about this, which shall notify the other Parties.

Article 6. Request for assistance

Request for assistance

1. Assistance is provided on the basis of a written request from the Party. In exceptional cases, requests can be made orally with subsequent written confirmation. In a request for assistance, the requesting Party shall provide the following information:

a) the location, time of occurrence, scale of the emergency and the current state of the emergency zone;

b) activities carried out at the time of the request, an accurate description of the requested assistance, and the establishment of priorities for responding to an emergency.

2. The Party that has received the request, as soon as possible, inform the requesting Party about its capabilities, the amount and conditions of assistance or the impossibility of providing assistance.

3. The requesting Party shall, if possible, update the information specified in paragraph 1 of this article and immediately transmit it to the providing Party.

Article 7. Coordination and cooperation in emergency situations

Coordination and interaction in emergency situations

1. On the territory of the state of the requesting Party, coordination, leadership and control of the actions of the assistance groups shall be carried out by the competent authority of the state of the requesting Party through the leaders of these groups.

2. The requesting Party shall provide the leaders of the relief teams with operational information about the situation in the emergency zone, a place for organizing the operational headquarters and translators, and also provide security and medical care for the relief team, and provide it with communications.

3. The duration of the stay on the territory of the state of the requesting Party of the assistance groups shall be determined by agreement of the respective Parties.

4. Upon completion of the work, the leader of the assistance group submits to the competent authority of the state of the requesting Party a report on the actions of his group aimed at eliminating the emergency and the results of the work.

Article 8. Transit

Transit

1. The side of the transit state shall facilitate the unimpeded transit of aid groups, equipment, and support materials through the territory of its state in accordance with the legislation of its state and the norms of international law, and also takes the necessary legal and administrative measures to facilitate:

a) arrival, use on the territory of their state and departure from it of all types of vehicles engaged in emergency response;

(b) The rapid movement to, through and from their national territory of relief teams, emergency equipment and supplies.

2. The providing Party shall notify the Parties of the transit states of the route of movement of the relief teams and of the routes for the delivery of equipment and support materials.

Article 9. Entry, exit and stay on the territory of the state of the requesting Party of the assistance teams

Entry, exit and stay on the territory of the state of the requesting Party of the assistance teams

1. Prior to the arrival of the assistance team in the territory of the state of the requesting Party and / or the Party of the state of transit, the competent authority of the providing Party shall send to the requesting Party and / or the Party of the state of transit a list of the team members indicating these identity documents.

2. The requesting Party and the Party of the State of transit, in accordance with the legislation of their states and international obligations, shall ensure, as a matter of priority, the passage of procedures related to the entry and exit of the assistance teams of the providing Party.

3. Members of the assistance team enter and leave the territory of the state of the requesting Party or the Party of the state of transit through checkpoints agreed by the Parties on valid identity documents recognized as such by the state of the requesting Party and the state of transit.

4. If necessary, the requesting Party and the Party of the State of transit shall ensure that visas are issued to the members of the assistance teams as soon as possible.

5. The procedure for the movement of service dogs in the assistance teams and stay in the territory of the state of the requesting Party and the state of transit shall be determined in accordance with the quarantine rules of the state of the requesting Party and the state of transit.

6. Members of the assistance teams during their stay in the territories of the state of the requesting Party and the state of transit shall comply with the legislation of the respective states.

7. The requesting Party shall provide all possible assistance for the prompt delivery of relief teams, equipment and supplies to the emergency zone.

8. Assistance teams must be ready to operate autonomously for at least 72 hours from the moment they arrive in the emergency area. After this time, the requesting Party shall provide the assistance team with the necessary resources to operate it, unless otherwise agreed by the Parties.

9. The requesting Party shall ensure the safety of food and essentials provided to the relief team.

Article 10. Use of air transport

Use of air transport

1. Transport of relief teams, equipment and supplies may be by air.

2. If a decision is made on the use of air transport, the competent authority of the state of the providing Party shall inform the requesting Party and the Parties of the states of transit of the types and call signs of aircraft, indicate the flight route, airport of destination, number of crew members, lists of passengers indicating their duties and the nature of the cargo.

3. Flights are carried out in accordance with the rules of the International Civil Aviation Organization (ICAO) and the legislation of the states of the Parties.

4. Aircraft of the state of the providing Party participating in the provision of assistance in accordance with this Agreement shall be exempt from all types of fees for overflight, landing, takeoff, stay and navigation services of the requesting Party and the Parties of the transit states.

5. Reimbursement of expenses for fuel and maintenance of air transport of the state of the providing Party is carried out by agreement of the respective Parties.

Article 11. Use of water transport

Use of water transport

1. Transportation of relief teams, equipment and supplies may be carried out by water transport.

2. In the event that a decision is made on the use of water transport, the competent authority of the state of the providing Party shall inform the requesting Party of the types of vessels, the number of crew members, lists of passengers indicating their duties and the nature of the cargo.

3. Water transport of the state of the providing Party participating in the provision of assistance in accordance with this Agreement shall be exempt from all types of port dues of the state of the requesting Party.

4. Reimbursement of expenses for fuel and maintenance of water transport of the state of the providing Party is carried out by agreement of the respective Parties.

Article 12. Import, export and transit of equipment and support materials

Import, export and transit of equipment and supplies

1. The head of the assistance group shall submit to the customs authorities of the state of the requesting Party and the state of transit a list of equipment and support materials, agreed upon by the competent authorities of the states of the supplying and requesting Parties, to be imported to eliminate the emergency.

2. Equipment and supplies imported and exported in accordance with this Agreement are exempt from customs duties, taxes and fees.

3. Customs clearance of equipment and support materials shall be carried out as a matter of priority in accordance with the legislation of the states of the Parties.

4. After the completion of the assistance work, the equipment imported into the territory of the state of the requesting Party (with the exception of completely consumed or destroyed) is subject to export by the providing Party. The fact of destruction or complete consumption of equipment and distribution of support materials among the affected people must be documented by the competent authority of the state of the requesting Party. If it is impossible to export equipment due to special circumstances, the issue of their transfer to the requesting Party is decided in each specific case by agreement of the Parties.

Article 13. Protection of information

Protection of information

Information obtained as a result of activities under this Agreement, with the exception of information that is not subject to disclosure in accordance with the legislation of the states of the Parties, is publicly available, unless otherwise agreed by the Parties.

Article 14. Costs of assistance

Assistance costs

1. Assistance can be provided free of charge or on a compensation basis as agreed by the Parties.

2. The requesting Party may cancel the request for assistance at any time by immediately notifying the providing Party of the decision. If assistance is provided on a compensatory basis, the providing Party may claim reimbursement of costs incurred at the time the request for assistance was withdrawn.

3. Insurance of the members of the relief team shall be provided by the providing Party. The costs of obtaining insurance in the case of providing assistance on a reimbursement basis are not included in the general costs of providing assistance and are not reimbursable.

4. In the case of rendering assistance on a compensatory basis, the competent authority of the state of the providing Party, within a week from the date of completion of the emergency response, provides the competent authority of the state of the requesting Party with information on the amount of assistance provided.

5. In the case of providing assistance on a compensatory basis, the competent authorities of the states of the requesting and providing Parties shall, within one month from the date of completion of the work, prepare a bilateral act on the costs of assistance, containing information on the causes and characteristics of the emergency. Reimbursement of expenses is made by the requesting Party within the time frame agreed by the Parties, on the basis of a bilateral act on expenses for the provision of assistance.

Article 15. Compensation for damage in the provision of assistance

Compensation for damage in the provision of assistance

1. Damage caused by members of the assistance team to a legal entity or individual in the territory of the state of the requesting Party in the performance of tasks related to the implementation of this Agreement shall be compensated by the requesting Party in accordance with the legislation of the state of the requesting Party.

2. In the event that damage is caused by members of the group to provide assistance to individuals or legal entities in the territory of the state of the requesting Party deliberately, or by gross negligence, and this is proven by the relevant authorities of the state of the requesting Party, the competent authorities of the states of the requesting and providing Parties shall exchange relevant information and take measures for damages as agreed by the respective Parties.

Article 16. Relationship with other international treaties

Relationship with 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 17. Relationship with the legal status of the Caspian Sea

Relationship with the legal status of the Caspian Sea

Nothing in this Agreement shall be interpreted as predetermining the outcome of negotiations on the legal status of the Caspian Sea.

Article 18. Settlement of disputes

Settlement of disputes

Disputes between the Parties regarding the application or interpretation of this Agreement shall be resolved through consultations, negotiations or other peaceful means at the discretion of the Parties.

Article 19. Changes and additions

Changes and additions

1. The provisions of this Agreement may be changed or supplemented by agreement of the Parties.

2. Changes and additions to this Agreement are its integral part and are formalized in separate protocols, which enter into force in the manner provided for in Article 21 of this Agreement.

Article 20. Depositary

Depositary

The Government of the Russian Federation is the depositary of this Agreement.

Article 21. Entry into force

Entry into force

This Agreement shall enter into force on the thirtieth day from the date of receipt by the Depositary of the last written notification of the completion of domestic procedures required for its entry into force.

Article 22. Withdrawal from the Agreement

Withdrawal from the Agreement

Each of the Parties may withdraw from this Agreement by notifying the Depositary thereof. For that Party, this Agreement will remain in effect until twelve months from the date on which the Depositary receives such notification.

Done in the city of Astrakhan on September 29, 2014 in one original copy in the Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English languages, all texts being equally authentic.

In case of disagreement, the Parties refer to the text in English.

The original copy shall be deposited with the Depositary, which sends to the Parties certified copies of this Agreement.

For the Government
of the Republic of Azerbaijan

For the Government of the
Islamic Republic of Iran

For the Government of the
Republic of Kazakhstan

For the Government of the
Russian Federation

For the Government of Turkmenistan

Statement by the Russian Federation

The Russian Federation ratified the Agreement on Cooperation in the Field of Prevention and Elimination of Emergencies in the Caspian Sea, signed in Astrakhan on September 29, 2014, with the following statement:

"The Russian Federation declares that the activity on the implementation of the Agreement on cooperation in the field of prevention and elimination of emergency situations in the Caspian Sea does not mean that the Russian Federation recognizes the unilateral extension of sovereignty by the coastal states to the Caspian Sea."