ARTICLE 21 1) Each Party shall contribute 2.5% toward the operational expenses of the Secretariat of this Accord mentioned at Annex 2(7). Two-thirds of the balance of these expenses will be defrayed by the depositary Government and one-third by the other States as follows: 2) The other functions of the Center mentioned in Annex 2 will be defrayed to the extent permitted by voluntary contributions of the Parties in amounts set at the meeting of the contracting Parties. ARTICLE 22 1) The signatory States and the European Economic Community become Parties to this Accord either by signature without reserving ratification, acceptance or approval, or by signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. Instruments of ratification, acceptance, or approval will be deposited with the Government of Portugal. 2) 3) This Accord enters into force on the first day of the second month following the date on which all signatory States and the European Economic Community have signed without reserving ratification, acceptance, or approval, or have deposited an instrument of ratification, acceptance, or approval. ARTICLE 23 1) The Parties may unanimously invite any other littoral state of the Northeast Atlantic to accede to this Accord. 2) In that case articles 3 and 21 of this Accord and Annex 1 will be amended. The amendments will be adopted by unanimous vote of the contracting Parties, and they will take effect at the entry in force of this Accord for the acceding State. 1) ARTICLE 24 This Accord enters into force for an acceding State on the first day of the second month following the date of deposit of its instrument of accession. 2) Instruments of adhesion will be deposited with the Government of Portugal. ARTICLE 25 1) This Accord may be denounced by any Party after a period of five years. 2) The denunciation is effected by written notice to the depositary Government, which will notify the other Parties of each denunciation and the date of its receipt. 3) A denunciation takes effect one year after notification is received by the depositary Government. ARTICLE 26 The depositary Government shall inform signing and acceding States as well as the European Economic Community: b) of the deposit of all instruments of ratification, acceptance, approval or accesion, and of the receipt of notices of denunciation; d) of the receipt of notifications of approval of amendments to this Accord or its Annexes and the date of entry into force of these amendments. ARTICLE 27 The original of this Accord, rendered in Arabic, Spanish, French, and Portuguese, the French text prevailing in case of divergence, will be deposited with the Government of Portugal, which will deliver certified copies to the contracting Parties and transmit a certified copy to the Secretary-General of the United Nations for registration and publication in keeping with article 102 of the Charter of the United Nations. In witness whereof the undersigned plenipotentiaries have signed this Accord and placed their seals. Done at Lisbon, October 17, 1990. 1) ANNEX 1 Apart from bilateral agreements concluded between the contracting States, the zones provided for in article 8(1) correspond to the exclusive economic zones of the contracting States. 2) Bilateral agreements that may be concluded in accordance with the preceding paragraph will be sent to the depositary Government who will transmit them to the contracting Parties. They will enter in force for all contracting Parties, unless within three months of said transmission a contracting Party raises an objection or requests consultations in the matter. 3) Two or more State Parties may modify the common boundary of their zones as defined in this Annex. Such modifications will enter in force for all Parties on the first day of the sixth month following the date of its communication by the depositary Government, unless within three months after that communication a Party raises an objection or requests consultations regarding it. 1) ANNEX 2 Considerations Defining the Functions of the International Center Establishment of close working relationships with other national and international centers in the region covered by the Accord, and where appropriate, beyond it. 2) On the basis of that principle, and employing all resources existent in the region, coordination of national and regional operations of training, technical cooperation, and expertise in case of emergency. International Convention on Oil Pollution Preparedness, Response and Co-operation, London, 1990 Done at London 30 November 1990 Not in force Depositary: International Maritime Organization INTERNATIONAL CONVENTION ON OIL POLLUTION THE PARTIES TO THE PRESENT CONVENTION, CONSCIOUS of the need to preserve the human environment in general and the marine environment in particular, RECOGNIZING the serious threat posed to the marine environment by oil pollution incidents involving ships, offshore units, sea ports and oil handling facilities, MINDFUL of the importance of precautionary measures and prevention in avoiding oil pollution in the first instance, and the need for strict application of existing international instruments dealing with maritime safety and marine pollution prevention, particularly the International Convention for the Safety of Life at Sea, 1974, as amended, and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended, and also the speedy development of enhanced standards for the design, operation and maintenance of ships carrying oil, and of offshore units, MINDFUL ALSO that, in the event of an oil pollution incident, prompt and effective action is essential in order to minimize the damage which may result from such an incident, EMPHASIZING the importance of effective preparation for combating oil pollution incidents and the important role which the oil and shipping industries have in this regard, RECOGNIZING FURTHER the importance of mutual assistance and international co-operation relating to matters including the exchange of information respecting the capabilities of States to respond to oil pollution incidents, the preparation of oil pollution contingency plans, the exchange of reports of incidents of significance which may affect the marine environment or the coastline and related interests of States and research and development respecting means of combating oil pollution in the marine environment, TAKING ACCOUNT of the "polluter pays" principle as a general principle of international environmental law, TAKING ACCOUNT ALSO of the importance of international instruments on liability and compensation for oil pollution damage, including the 1969 International Convention on Civil Liability for Oil Pollution Damage (CLC); and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND); and the compelling need for early entry into force of the 1984 Protocols to the CLC and FUND Conventions, TAKING ACCOUNT FURTHER of the importance of bilateral and multilateral agreements and arrangements including regional conventions and agreements, BEARING IN MIND the relevant provisions of the United Nations Convention on the Law of the Sea, in particular of its part XII, BEING AWARE of the need to promote international co-operation and to enhance existing national, regional and global capabilities concerning oil pollution preparedness and response, taking into account the special needs of the developing countries and particularly small island States, CONSIDERING that these objectives may best be achieved by the conclusion of an International Convention on Oil Pollution Preparedness, Response and Co-operation, HAVE AGREED as follows: (1) ARTICLE I General provisions Parties undertake, individually or jointly, to take all appropriate measures in accordance with the provisions of this Convention and the Annex thereto to prepare for and respond to an oil pollution incident. (2) The Annex to this Convention shall constitute an integral part of the Convention and a reference to this Convention constitutes at the same time a reference to the Annex. (3) This Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with this Convention. ARTICLE 2 Definitions (1) For the purposes of this Convention: "Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products. (2) "Oil pollution incident" means an occurrence or series of occurrences having the same origin, which results or may result in a discharge of oil and which poses or may pose a threat to the marine environment, or to the coastline or related interests of one or more States, and which requires emergency action or other immediate response. (3) "Ship" means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, and floating craft of any type. (4) "Offshore unit" means any fixed or floating offshore installation or structure engaged in gas or oil exploration, exploitation or production activities, or loading or unloading of oil. (5) "Sea ports and oil handling facilities" means those facilities which present a risk of an oil pollution incident and includes, inter alia, sea ports, oil terminals, pipelines and other oil handling facilities. (6) (7) "Organization" means the International Maritime Organization. "Secretary-General" means the Secretary-General of the Organization. (2) (b) ARTICLE 3 Oil pollution emergency plans Each Party shall require that ships entitled to fly its flag have on board a shipboard oil pollution emergency plan as required by and in accordance with the provisions adopted by the Organization for this purpose. A ship required to have on board an oil pollution emergency plan in accordance with subparagraph (a) is subject, while in a port or at an offshore terminal under the jurisdiction of a Party, to inspection by officers duly authorized by that Party, in accordance with the practices provided for in existing international agreements or its national legislation. Each Party shall require that operators of offshore units under its jurisdiction have oil pollution emergency plans, which are co-ordinated with the national system established in accordance with article 6 and approved in accordance with procedures established by the competent national authority. (3) Each Party shall require that authorities or operators in charge of such sea ports and oil handling facilities under its jurisdiction as it deems appropriate have oil pollution emergency plans or similar arrangements which are co-ordinated with the national system established in accordance with article 6 and approved in accordance with procedures established by the competent national authority. ARTICLE 4 Oil pollution reporting procedures (1) Each Party shall: (a) (b) require masters or other persons having charge of ships flying its flag and persons having charge of offshore units under its jurisdiction to report without delay any event on their ship or offshore unit involving a discharge or probable discharge of oil: (i) in the case of a ship, to the nearest coastal State; (ii) in the case of an offshore unit, to the coastal State to whose jurisdiction the unit is subject; require masters or other persons having charge of ships flying its flag and persons having charge of offshore units under its jurisdiction to report without delay any observed event at sea involving a discharge of oil or the presence of oil: (c) (ii) in the case of an offshore unit, to the coastal State to whose jurisdiction the unit is subject; require persons having charge of sea ports and oil handling facilities under its jurisdiction to report without delay any event involving a discharge or probable discharge of oil or the presence of oil to the competent national authority; |