Protocol Concerning Technical Cooperation to Borrow and Transfer Experts, Technicians, Equipment and Materials in Cases of Emergency to the Regional Convention For The Conservation Of The Red Sea And Gulf Of Aden Environment
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Source: https://uqn.gov.sa/%D8%A7%D9%84%D8%A8%D8%B1%D9%88%D8%AA%D9%88%D9%83%D9%8...
Regional Protocol for Technical Cooperation to Borrow and Transfer Experts, Technicians, Devices, Equipment and Materials in Emergency Situations
The governments:
• The Hashemite Kingdom of Jordan.
• Republic of Djibouti.
• Saudi Arabia.
• Republic of Sudan.
• Federal Republic of Somalia.
• The Arab Republic of Egypt.
• Republic of Yemen.
As parties to the Regional Agreement for the Preservation of the Environment of the Red Sea and Gulf of Aden, concluded in Jeddah on Rabi` al-Thani 20, 1402 AH corresponding to February 14, 1982 AD.
Recalling the urgent need to activate and implement the Protocol Concerning Regional Cooperation in Combating Pollution by Oil and Other Harmful Substances in Emergency Situations 1982;
Recognizing the enjoyment of the Red Sea and Gulf of Aden region -with its geographical boundaries set out in Clause (1) of Article II (Geographical Application Field) of the Jeddah Agreement 1402 AH / 1982 AD - in terms of a strategic location, natural resources and amazing biodiversity, in addition to its economic, social and recreational importance for the countries region and the world at large.
Emphasizing its keenness to protect the marine and coastal environment based on Clause (1) of Article 9 of the Jeddah Convention 1402 AH / 1982 AD with regard to cooperation in facing emergency cases of pollution;
Taking into consideration the Protocol Concerning Regional Cooperation in Combating Pollution by Oil and Other Harmful Substances in Emergency Situations, 1982 AD;
Seeking to implement the Regional Action Plan for Maritime Emergencies.
Aware of the importance of the existing regional cooperation among the member states of the Commission;
Have agreed as follows:
Article One:
Objectives
1) Finding a general legal, administrative and regulatory framework to facilitate the process of borrowing and transferring experts, technicians, devices, equipment and materials in “emergency cases” in line with the protocol on regional cooperation in combating oil pollution and other harmful substances in emergency cases.
2) The Protocol seeks to enhance regional cooperation to reduce the risks of pollution from marine accidents.
Article Two:
Definitions
For the purposes of this protocol, the following definitions shall have the meanings set forth below unless otherwise stated.
Protocol: The regional protocol for technical cooperation to borrow and transfer experts, technicians, devices, equipment and materials in emergency cases.
The Agreement: The Regional Agreement for the Preservation of the Environment of the Red Sea and Gulf of Aden in 1982.
The Authority: The Regional Authority for the Preservation of the Environment of the Red Sea and Gulf of Aden.
Maritime emergency: any disaster, accident, incident, or situation resulting in serious pollution or a serious threat to the marine environment with oil or other harmful substances, including collision or stranding, and any accidents related to ships, including tankers, as well as explosions resulting from oil exploration and production activities and leakage Oil and other harmful substances as a result of a defect in marine installations.
Contracting Parties: They are the member states of the Regional Authority for Preserving the Environment of the Red Sea and Gulf of Aden that have signed the regional protocol on technical cooperation to borrow and transfer experts, technicians, devices, equipment and materials in emergency cases.
Coordinating body: the call center / liaison officer / representative of the member states in the regional protocol, who has the authority to act as a liaison officer with government agencies and other bodies to facilitate the process of borrowing and transferring experts, technicians, devices, equipment and materials.
Aid Center: The Maritime Emergency Mutual Aid Center (EMARSGA CENTER) stipulated in Clause (1) of Article III of the Protocol on Regional Cooperation in Combating Oil Pollution and Other Harmful Substances in Emergency Situations of 1982, which works to manage and update information related to the fight against oil spills With each of the member states and coordinating among them during the transfer and borrowing of experts, technicians, devices, equipment and materials. It also works to publish information about oil spills to the member states upon receiving it from the concerned authorities and inform the countries about the aid that the affected country needs when it requests assistance.
Experts and technicians: They are scientifically and technically qualified to work as a team to combat emergency cases of spillage of oil and its derivatives, and they are accredited by the official authorities responsible in the countries of the region.
Oil: includes all types and forms of crude oil and its products, including all types of liquid hydrocarbons, lubricating oils, fuel oil, refined oils, bitumen, and the oils and waste products produced from refining processes.
Devices: are electronic, electromechanical, and electrical machines.
Equipment: mechanical equipment and non-mechanical equipment/tools.
1- Mechanical Equipment: It is the mechanical equipment and machinery used in the operations of combating oil spill emergency situations.
2- Non-mechanical equipment/tools: They are the tools used in the operations of combating oil spill emergency situations and which are subject to consumption during the fight.
Materials: Materials that are consumed as a result of their use in the process of combating emergency cases of oil spills.
Borrowing country: It is the country that requests technical experts, devices, equipment and materials in emergency cases.
Lending State: It is the country that provides experts, technicians, devices, equipment and materials in emergency cases.
Article Three:
Scope of application
The protocol covers any arrangements made by the contracting state/states for the facilities and procedures as well as coordination and cooperation among the member states with regard to the process of borrowing and cross-border transportation of experts, technicians, devices, equipment and materials in cases of maritime emergency when the state exposed to the emergency alone or with a second state cannot address these The situation is provided that that country requests it, and once the country requests that assistance, the emergency is considered a regional one that requires the rest of the countries in the region to provide all possible assistance.
Article Four:
general obligations
1) The Contracting Parties undertake to provide assistance and possible facilities to the State/s facing the Maritime Emergency.
2) The Contracting Parties shall endeavor to make the necessary arrangements that would allow one State to another State to take advantage of its capabilities and the facilities available to it in order to implement the provisions of this Protocol.
3) The public authorities in the contracting parties should, as much as possible, facilitate the entry process of experts, technicians, devices, equipment and materials required to address maritime emergencies across land, sea and air borders, as well as facilitate the process of customs clearance and prevent all necessary exemptions from customs duties or any other fees and the speed of their clearance From all air, sea and land ports.
4) The State in need of assistance undertakes to do everything in its power to facilitate the movement of transport and movement across the border in emergency cases.
5) The signatory states of this protocol are obligated, in the event of a request for assistance, to provide lists with respect to each of the following:
(a) Experts and technicians concerned with the matter, including:
A copy of the identification papers.
A copy of the CV.
Payroll/salary statement.
A copy of the health fitness certificate.
Insurance policy (if any).
(B) Borrowable devices and equipment, including:
Type.
Make / Model / Year of Manufacture / Country of Manufacture.
A copy of the operating manual.
Book value.
(c) Borrowable items, including:
Type.
Quantity.
Technical information (method of use / risks / etc.).
Book value/date of production.
6) The contracting parties are obligated to:
A) Deposit the documents mentioned in Clause (5) of Article 4 of the Protocol with the coordinating body.
b) Updating the lists mentioned in Article 4 of the Protocol once a year or when there is any change in them.
c) Appointing a representative with full powers to act as a liaison officer with government agencies and others to facilitate the process of borrowing and transferring experts, technicians, devices and materials.
Article Five:
Obligations of the borrowing country
When any of the parties to this protocol is exposed to an emergency situation and finds itself unable to combat it alone, it has the right under this protocol to request assistance from the other parties.
1) Concerning experts and technicians
a) Providing housing, food and transportation according to their job levels.
b) Provide tickets and travel costs according to the job level in the lending country.
c) Provide treatment during the loan period.
d) Pay the borrowing allowance.
2) Concerning devices, equipment and materials
a) bear the shipping costs.
b) Maintenance after use.
c) Replacement or compensation in case of damage or consumption of materials.
d) Insurance during the loan period.
e) Returning unused materials.
f) Notify the lending country of any shortage, damage, noticeable defect or loss in devices, equipment and materials prior to use and within 72 hours from the date of receipt thereof by a letter sent by fax or e-mail and supported by a subsequent letter on the first following working day sent by express mail.
Article Six:
Obligations of the lending country
The borrowing party is obligated to the borrowing party, in the event the latter is exposed to an emergency situation of oil spill accidents, to quickly provide what the borrowing party requests from experts, technicians, devices, equipment and materials after receiving the request for assistance.
Article Seven:
joint obligations
Both the lending party and the borrowing party are obligated to designate an independent inspection body/s agreed upon by the two parties to submit a technical report showing the condition of the device/s, equipment or material/materials before and after use in the operations of participating in pollution control.
Article Eight:
Supplements
The three annexes are indicative annexes and an integral part of this protocol, and the procedures for amending the annexes to this protocol are those contained in Article 21 of the Convention.
Article Nine:
the signature
This protocol is presented for signature by the governments of the contracting parties during the period of the regional meeting of the commissioners to sign the technical cooperation protocol for the borrowing and transfer of experts, technicians, devices, equipment and materials in emergency cases in the Red Sea and the Gulf of Aden, which was held in Jeddah on the eighth of Rajab 1430 AH corresponding to the first of July (July) 2009 AD.
Article 10:
Certification, acceptance and accreditation
This protocol is subject to ratification, acceptance or approval by the contracting parties, and documents of ratification, acceptance or approval shall be deposited with the government of the Kingdom of Saudi Arabia, which performs the functions of the depositary state in accordance with Article 29 of the Convention.
Article Eleven:
Execution
This protocol shall enter into force after one hundred and eighty days from the date of its adoption by the contracting parties, and shall remain in force for a period of five years, renewable for similar periods.
Unless otherwise agreed by the borrowing party and the borrowing party, the cancellation of this Protocol shall not affect the functioning of the arrangements in force during the cancellation.
Accordingly, the undersigned, officially authorized by their respective countries, have signed this Protocol:
For the Government of the Hashemite Kingdom of Jordan
For the Government of the Republic of Djibouti
For the government of the Kingdom of Saudi Arabia
For the Government of the Republic of Sudan
For the government of the Somali Democratic Republic
For the government of the Arab Republic of Egypt
For the Government of the Republic of Yemen
Done in the city of Jeddah on Wednesday, the eighth of Rajab, 1430 AH, corresponding to the first of July, 2009 AD.
Supplement (1)
Administrative and organizational arrangements
As the advantages of the loan procedure may be significantly curtailed or canceled due to delays arising from failures in administrative and organizational communications.
Accordingly, the coordinating body in the states party to the regional protocol should ensure that the information related to the necessary arrangements during the state of emergency to facilitate the procedures of the Department of Immigration, Passports and Customs Exemption has been codified in the national maritime emergency plans, and this information should be sent in detail to the aid center so that it can be distributed to: All countries are members of this protocol, which enables the lending countries to ensure that these procedures are compatible with the requirements of the borrowing countries.
Therefore, the contracting parties to this regional protocol that request assistance during the pollution control process should make all possible efforts to ensure that no assistance and cooperation process is delayed in the meantime.
It should be noted that cooperation between the Contracting Parties to the Regional Protocol takes place not only in operations at sea, but also in operations on shore and near coasts.
The most important information to consider:
Bilateral or multilateral agreements.
Cross-border movement of aircraft, naval units and transport of experts, technicians, devices, equipment and materials.
Customs exemption for devices, equipment and materials used in pollution control.
Special Taxes / Exemption from special taxes and transit fees on vehicles, aircraft and special marine units to provide assistance.
Insurance experts and technicians.
Civil liability in case of injury, damage or death.
Accommodation and accommodation for technical experts.
Medical treatment.
Repair of devices and equipment.
Passing through the borders of a third country.
Leadership and independence of the supporting work team.
Necessary arrangements:
1) The different procedures necessary for crossing the borders for aircraft and marine units, and the transfer of experts, technicians, devices, equipment and materials from one country to another.
It can do the following:
a) The state party to this regional protocol requesting assistance should make all possible efforts to facilitate the process of movement across borders in emergency cases, and the requesting state shall choose the liaison officer according to his rank and qualifications.
b) that each state party to this regional protocol inform the aid center about the official procedures related to cross-border movement in emergency cases, such as customs procedures / customs exemption, immigration procedures and passports, provided that all countries of the region secure an immediate entry visa for all experts or participants In providing assistance and joint operations.
Information on procedures should also be included in the National Maritime Contingency Plan for reference when necessary.
2- Customs exemption for devices, equipment and materials used in the pollution control process and joint operations.
Countries requesting assistance shall ensure practical solutions at the scene of the incident and during joint operations procedures, and emphasize the following:
a) Providing persons or entities likely to participate in joint operations with a guide on the procedures followed in the event of joint operations.
b) The necessity for customs officials to be aware of the national maritime emergency plan with regard to joint operations, so that they can provide assistance, as the relevant documents and official papers will be ready in advance and before the joint operations begin.
3) Special taxes and cross-border fees applicable to vehicles, aircraft and special marine units to provide assistance.
a) The option should be left to the requesting State to assist with the levying of special taxes and cross-border fees Alternatively, the States concerned should use their influence to waive such taxes and fees levied at the border (in the future these taxes and fees will remain part of the expenditures that the requesting State should bear it).
b) Adequate information should be given to the assisting and contracting state in this protocol about the traffic regulations and conditions related to the use of vehicles, aircraft and marine units that are applied in the requesting state.
1) Terms of business:
There is no problem for the navigators of ships, but the problem arises when the joint assistance process takes place on land where the participants face the possibility of violating the laws in force in the requesting country, as well as when the state is asked for assistance and it is the duty of the person responsible for the participants in the joint assistance process to ensure the implementation of The applicable regulations and the concerned authorities in the requesting country are responsible for providing the necessary information related to labor protection.
2) Securing experts and technicians:
The responsibility for securing the participating government and private sector experts and technicians should lie with the assisting country, which can claim compensation for expenses from the requesting country.
3) Civil liability in case of injury, damage or death:
a) Disputes about injury, damage or death should be resolved in accordance with the rules and regulations of civil liability, and the responsibility for benefiting the expenses rests with the requesting country, except in cases of bad faith, fatal error, and willful negligence.
b) The country requesting assistance should be informed of any dispute from a third party that is resolved by the court. 1982 AD, a reference in resolving any dispute.
4) Accommodation and accommodation:
It is the responsibility of the state requesting assistance to provide accommodation and accommodation for the experts and technicians.
5) Medical treatment:
The country requesting assistance should always provide medical treatment facilities to the experts and technicians involved in the emergency operation.
6) Repair of devices and equipment:
The country requesting assistance should exert all its efforts in assisting the assisting country in carrying out maintenance and repair operations of devices and equipment that cannot be carried out by experts and technicians of the assisting country.
7) Passing through the borders of a third country:
When experts and technicians or devices, equipment and materials pass through the borders of a third country, the call center in the third country must be informed about these experts and technicians or those devices, equipment and materials by both the lending party and the borrowing party.
8) Leadership and independence of the supporting work team:
a) Ensuring the independence and leadership of the assistant work team under the full supervision of the responsible authorities and administrative authorities in the requesting country.
b) The supporting work team must abide by the work regulations and methodology followed in the borrowing country and respect the prevailing customs and traditions.
Appendix (2)
financial arrangements
General principles:
The borrowing party must be reimbursed for all expenses from the moment the experts, technicians, equipment, equipment and materials are dispatched to the moment when they are all returned, without profits or interest, and the borrowing party should not be required to pay unreasonable sums due to the occurrence of the emergency .
1) The main steps to be agreed upon should serve as a general basis for the loan process and should be mandatory.
2) Contracting governments in this regional protocol may make special arrangements for the lending process, provided that the aid center is notified of it. Such arrangements between member states may lead, for example, to waiving all expenses, or limiting them to shipping costs only.
3) Governments are not required for the purpose of loan only to stock with them devices, equipment and materials.
4) Governments have the right to specify devices, equipment and materials that cannot be loaned at any time, whatever. In this protocol, after loaning its equipment to another country, it can immediately restore what it has loaned from this country, if necessary.
5) The process of loaning devices and equipment should not be used as an alternative to providing insurance for devices and equipment on a regular basis under the national plan to combat pollution in emergency cases to the borrowing country.
The borrowing country must return all borrowed devices, equipment and materials to the borrowing party in good and usable condition. Any shortage, damage or defect in the borrowed devices, equipment and materials must be reported to the lending party and the Assistance Center by e-mail or fax within 72 hours of receipt. If it is not reported on time, this means that the devices, equipment and materials received are good, in terms of quantity and type, and that the borrowing party has satisfied them. In the same way, the lending party must inform the borrowing party and the aid center of any shortage or inform it of a report prepared by an independent designated party within 7 days from the date of notification.
Procedures to cover costs related to the following:
a) Experts and technicians:
The general lines of costs, wages and expenses for experts and technicians include the following:
Wage/Salary: It is the total salary (including overtime work) + 15% to cover the overhead expenses of the experts and technicians recorded in the payroll and paid to the lending party.
Travel costs: The travel costs should be in accordance with the normal practices of the lender with regard to the experts and technicians borrowed as per their working levels.
Accommodation and accommodation: It is provided by the borrowing party to the borrowing experts and technicians according to their practical levels.
Internal transfers: Appropriate means of transportation are provided by the borrowing party to the borrowed experts and technicians from the beginning of their arrival until the moment of their departure.
Daily expenses: Provided by the borrowing party to experts and technicians according to their levels.
In the event of illness, injury or death of the expert or technician on loan during the period of his loan, the borrowing country will be responsible for all costs related to treatment and medical treatment, except those covered by insurance, as well as all expenses related to the repatriation of the injured expert, technician or patient, and in In the event of the death of the borrowed expert or technician, the borrowing country will be responsible for repatriating the body of the deceased.
b) Depreciable Inventories:
It includes the following materials:
Dispersants for oil stains and other pollution control chemicals.
absorbent materials.
Any other materials that are not returnable due to consumption or cannot be used again.
The materials classified above must be returned to the lending party of the same quality, or compensated for their prices in cash, at the choice of the lending party alone.
Compensation in cash must cover the cost of the purchase and all costs and fees required such as shipping charges, insurance fees, clearance fees, customs tax, and any other taxes or expenses as well as the costs of delivering the materials to the lending party's warehouse.
c) Devices and equipment:
The daily fare for surface boats, fixed aircraft, helicopters and pontoons in the possession of the lending party should be determined in accordance with a charter fee list sent when assistance is requested.
Provided that the following principles are taken into account when calculating costs:
The agreed formula for calculating the amount of rental of devices and equipment, with the exception of buoys used in offshore marine areas, is as follows:
Capital cost 1.5x
——————-
365
Where the number 1.5 represents the costs of maintenance, preparation of the equipment for dispatch and operation, as well as overheads. As for the number 365, it represents the average validity in working days for the device used in the oil cleaning process. The agreed formula for calculating the amount of leasing floating mannequins with a shorter period of validity is as follows:
Capital cost 1.5x
—————————
183
In order to borrow these materials, an agreement must be made with the borrowing party on the method of transporting them.
As for the advanced floating bars with a longer service life, they should be distinguished according to their installation (eg a device with a floating beam) when determining their rental amounts.
supplement (3)
Procedures related to the return or replacement of the experts, technicians, materials, devices and equipment that have been borrowed, or compensation for their expenses
General principles:
The experts, technicians, materials, devices and equipment that one party borrows from another party should be returned, replaced, or compensated for their expenses by the borrowing party to the lending party, as follows:
a) Experts and technicians:
The borrowing party contracting in the regional protocol should reimburse the lending party for all direct and indirect expenses of experts and technicians incurred by the lending party starting from the time an expert and technician is sent to the borrowing party and ending with the expert and technician returning to his place of residence in his country/work and carrying out his normal job at the lending party.
b) Consumables:
All expenses relating to any order by the borrowing party of consumables lent to him by the lending party shall be paid, provided that such items are in good and usable condition when delivered to the borrowing party, and the two parties shall at the same time agree on their method of shipment and replacement of the materials. In the event that the borrowing party does not object to the quantity, quality or condition of any borrowed material, and informs the borrowing party of this, by e-mail or fax and within 72 hours of receiving it, it is not entitled to do so at a later time. In the event of a prior agreement between the parties, the lending party alone has the option to determine the following:
1) That the borrowing party bear the expenses of returning the materials if they are not used provided that they are in good usable condition, and provided that the lending party informs the borrowing party and the aid center by e-mail or fax and within 72 hours of receiving the returned materials, of any damage or shortage or defect in these materials. Any claim by the lending party for compensation for any damage, deficiency or defect in the returned materials shall be with a report submitted by an independent inspector, in the event that the borrowing party requests such a report within 7 days of receiving the informing the lending party of the damage, shortage or defect.
2) That the materials be replaced at the borrowing party’s expense in case they are consumed or not able to be returned.
3) To be compensated for the costs of the replacement process carried out by the lending party. Replacement costs shall include, but are not limited to, purchase prices, shipping charges, unloading fees, clearance fees, customs taxes, and any other sales, take back and transportation taxes or expenses paid by the lending party in connection with the replacement of such items whether in warehouse or any other storage facility.
c) Devices and equipment:
The following conditions shall govern the process of lending and recovering devices and equipment and according to the articles of the regional protocol and Annex 2 titled Financial Arrangements related to explaining the method of payment of fees for equipment, devices and materials used book value to compensate for them when they are lost, malfunctioned or unable to be repaired.
1) The method of payment of fees and costs related to loss, return and/or replacement of devices must be agreed by the parties/parties.
2) Equipment and equipment must be loaned and returned in an acceptable clean condition after they have been dispensed by the borrowing party.
3) The borrowing party should inform the lending party and the aid center, by e-mail or fax, of any shortage, damage or defect in the borrowed devices and equipment, within 72 hours of receiving it, so that it can compensate for such shortage, damage or defect in If the lending party so requests.
4) The lending party must inform the borrowing party and the aid center, by e-mail or fax, of any shortage, damage or noticeable defect in the borrowed devices and equipment, within 72 hours of receiving it, and any claim by the lending party for compensation for such shortage or damage Or the defect must be supported by a report prepared by an independent inspector, and in the event the borrowing party requests such a report, within 7 days of receiving the lending party's notification of the deficiency, damage or defect.
5) Borrowed appliances and equipment that become lost, damaged or worn while in the borrowing party’s possession should be provided/replaced by the borrowing party with equipment of the same type, make and specification or equivalent, or compensated for their price, at the option of the lending party, including This price includes, but is not limited to, the purchase price, loading and unloading charges, carriage charges, clearance fees, customs taxes, and any other taxes or expenses related to the replacement of such devices and equipment.
6) Equipment rental expenses In accordance with paragraph (5), the lending party for each of the Equipment or Equipment borrowed from it under this Agreement shall be reimbursed on a daily basis so that the rental is paid according to the hourly or daily rental fee list, and the main cost is the cost In the aggregate provided to the lending party for loaned equipment and equipment delivered to its warehouse or other storage facility, the cost of the fare should be calculated in accordance with the conditions set out in Regional Protocol Annex 2 (Financial Arrangements).
d) List of Assets:
States Parties to the Regional Protocol should ensure that their stocks of equipment, equipment and materials are kept up-to-date and included in the Aid Center’s Oil Spill Control Equipment List, which is prepared and distributed to member countries for reference, twice a year. This list includes current replacement costs; As well as the hourly or daily operational cost of all devices and equipment
