On signing the Protocol on Regional Preparedness, Response and Cooperation in the Event of Oil Pollution Incidents to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea
Decree of the President of the Republic of Kazakhstan dated August 10, 2011 No. 135
I DECREE:
1. To approve the attached draft Protocol on Regional Preparedness, Response and Cooperation in the Event of Oil Pollution Incidents to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea.
2. Authorize the Minister of Environmental Protection of the Republic of Kazakhstan, Ashim Nurgali Saduakasuly, to sign on behalf of the Republic of Kazakhstan the Protocol on Regional Preparedness, Response and Cooperation in the Event of Oil Pollution Incidents to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, authorizing amendments and additions that are not fundamental.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED
By Decree of the President of the Republic of Kazakhstan
dated August 10, 2011 No. 135
DRAFT PROTOCOL
on regional preparedness, response and cooperation in the case of oil pollution incidents to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea
The Caspian Littoral States: the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation, Turkmenistan (hereinafter referred to as the "Contracting Parties"), being Parties The Framework Convention for the Protection of the Marine Environment of the Caspian Sea, done on November 4, 2003 in Tehran, the Islamic Republic of Iran (hereinafter referred to as the "Convention"); reaffirming its readiness to implement the relevant provisions of the Convention; recognizing that oil pollution of the Caspian Sea and incidents causing oil pollution of the sea threaten the marine environment; Recognizing that in the case of oil pollution incidents involving ships, pipelines, fixed and floating platforms, abandoned wells and land-based sources of pollution, special measures are needed, determined to act quickly and effectively in the case of oil pollution incidents at sea, in order to reduce the damage caused by such incidents; Emphasizing the importance of adequate preparation to deal with incidents causing marine oil pollution at the national level; Recognizing further the importance of mutual assistance and international cooperation between the Contracting Parties; emphasizing also the importance of measures taken individually and jointly to reduce the risk of incidents causing oil pollution in the Caspian Sea; taking into account regional treaties in other parts of the world aimed at providing assistance in the event of incidents causing oil pollution in the sea; taking into account the intention of the Contracting Parties to protect the marine environment and coastal areas from oil pollution; Taking into account also the relevant international conventions and, in particular, those related to preparedness and response to incidents causing oil pollution, as well as liability and compensation for damage caused by pollution; expressing a desire to further develop cooperation and mutual assistance between the Contracting Parties in combating oil pollution of the Caspian Sea; agreed as follows:
Section 1. General provisions
Article 1. Use of terms
For the purposes of this Protocol, the following terms and definitions are used: (a) "oil pollution incident" includes "oil pollution accidents" and means an incident or series of incidents having the same cause that lead or may lead to the discharge of oil, pose or may pose a threat to the marine environment or coastal (b) "oil" means oil in any form, including crude oil, liquid fuels, sludge, oil residues, and refined products.; (c) "vessel" means vessels of any type operated in the marine environment, including hovercrafts, hydrofoils, underwater vessels, towed and self-propelled floating vehicles; (d) "offshore installation" means any platforms and other artificially constructed structures at sea, stationary or floating, used for exploration, production or production related to hydrocarbon resources or their loading or unloading; (e) "seaports and facilities related to oil treatment" means such facilities that pose a risk of an incident causing oil pollution and include, but are not limited to, seaports, oil terminals, pipelines and other facilities related to oil treatment; (f) "competent national authority" means a national authority designated by each Contracting Party, responsible for preparedness and response to incidents causing oil pollution, and responsible for the implementation and implementation of the obligations defined in this Protocol.
Article 2. Scope of application
The scope of this Protocol extends to the marine environment of the Caspian Sea, taking into account fluctuations in its level, land affected by the proximity of the sea, and marine oil pollution from land-based sources.
Article 3. Purpose
The purpose of this Protocol is to provide regional preparedness, response and cooperation measures in the event of oil pollution of the Caspian Sea caused by activities listed in Articles 8 and 9 of the Convention and marine oil pollution from land-based sources.
Article 4. General provisions
1. The Contracting Parties shall take, individually or jointly, all appropriate measures necessary for the implementation of this Protocol in order to ensure preparedness and response to incidents causing oil pollution. 2. The Contracting Parties shall jointly develop and establish guidelines on practical, operational and technical aspects of joint actions. 3. The Contracting Parties shall establish a regional mechanism. The procedures for such a mechanism are subject to review and subsequent adoption by the Conference of the Contracting Parties. 4. For the expeditious implementation of this Protocol, a Plan for regional cooperation in combating oil pollution in cases of emergency in the Caspian Sea is being created.
Article 5. National systems and contingency plans for oil pollution incidents
1. Each Contracting Party shall establish a national rapid response system for oil pollution. This system shall include, at a minimum, the designation of: (a) a competent national authority responsible for preparedness and response to oil pollution incidents; (b) a national operational point of contact responsible for receiving and transmitting reports on oil pollution incidents, as referred to in paragraph 4 of Article 7 of this Protocol.; (c) the competent national authority authorized to act on behalf of a Contracting Party when requesting assistance or deciding on the provision of requested assistance. 2. Each Contracting Party shall develop and implement a national emergency plan for preparedness and response to oil pollution incidents. The national emergency Plan includes, among other things: (a) a description of the administrative structure and responsibilities of each cooperating authority in the preparation and management of an oil pollution incident; (b) identification of possible sources of oil discharges; (c) list of equipment and human resources that may be involved in combating oil pollution incidents; (d) identification of measures for temporary storage and final disposal of collected oil. 3. Each Contracting Party creates (if necessary, in cooperation with enterprises of the oil industry and the shipping industry and port authorities or any other relevant organizations) and maintains in a state of readiness a minimum number of equipment placed in predetermined locations in order to ensure effective measures for oil discharges. The amount of equipment must correspond to the level of the expected risk of oil pollution. 4. Each Contracting Party, individually or within the framework of bilateral or multilateral cooperation, develops training and personnel training programs to enhance the state of readiness of the authorities responsible for dealing with oil pollution incidents.
Article 6. Dissemination and exchange of information
Each Contracting Party undertakes to transmit to the other Contracting Parties, either directly or through a regional mechanism: (a) the information described in paragraph 1 and subparagraph (a) of paragraph 2 of Article 5 of this Protocol; (b) information on new ways to avoid marine oil pollution and new effective measures pollution control, including the results of research programmes; (c) information on major oil pollution incidents that have been addressed.
Article 7. Procedure for reporting pollution
1. Each Contracting Party shall ensure that persons responsible for vessels flying its flag promptly inform the relevant competent national authority of an emergency situation on their vessels that has resulted in the discharge, leakage or release of oil, or of any possible discharge, leakage or release. 2. Each Contracting Party shall oblige persons responsible for its offshore installations, seaports and oil refining facilities to promptly inform their competent national authorities of any event that has occurred in the course of their activities that has resulted in the discharge, leakage or release of oil, or any possible discharge, leakage or release. 3. Each Contracting Party shall give instructions to: (a) the captains or other persons responsible for vessels flying its flag; (b) its maritime inspection vessels and aircraft; (c) to the pilots of its civil aircraft; (d) to the persons responsible for its offshore installations, seaports and facilities related to the processing of oil, immediately inform the competent national authority of any observed event at sea, seaport or facility related to the processing of oil, resulting in the discharge of oil, or any a spotted floating oil slick. 4. Upon receiving information about an incident causing oil pollution, including information in accordance with paragraphs 1-3 of this Article, each Contracting Party shall immediately inform all Contracting Parties likely to be affected by the incident, including through a regional mechanism, about the incident and any actions it has taken or plans to take.
Article 8. Operational measures
1. In accordance with its national oil spill preparedness and response system, each interested Contracting Party, in the event of an oil spill, undertakes to: (a) carry out the necessary assessment of the origin, area of spread and possible consequences of the incident causing oil pollution, or, depending on the circumstances, the type, approximate amount of oil spilled, direction and the drift rate of the spill; (b) take all practicable measures to prevent, reduce and eliminate as much as possible the consequences of an oil pollution incident; (c) monitor oil pollution and continue to inform the other Contracting Parties of developments regarding the oil pollution incident and measures taken and planned; (d) facilitate and support the implementation of A plan for regional cooperation to combat oil pollution in the event of an emergency in the Caspian Sea. 2. In the case of measures to combat pollution caused by an emergency, all possible measures are taken to save: (a) human lives; (b) the ship or offshore installation itself, if the ship or offshore installation is in an emergency situation related to oil pollution, taking into account the need to prevent or reduce environmental damage.. Any Contracting Party that takes such action shall inform the International Maritime Organization directly or through a regional mechanism.
Article 9. Plans of emergency measures to combat oil pollution on board ships, offshore installations, in seaports and at facilities related to oil processing
1. Each Contracting Party shall take the necessary measures to ensure that vessels flying its flag have on board an emergency oil pollution control plan, as provided for and in accordance with international regulations, namely, paragraph (1) (a) of Article 3 in the International Convention on Preparedness Oil Pollution Prevention, Control and Cooperation Act 1990 and rule 37 of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol thereto of 1978. 2. Each Contracting Party requires the captains of ships flying its flag, in the event of an incident causing oil pollution, to follow the procedures described in the contingency plan, in particular, to provide the competent national authorities with detailed information about the ship and its cargo necessary for the actions to be taken in accordance with Article 8 of this Protocol, and for cooperation with such bodies. 3. Each Contracting Party shall require that its: (a) operators responsible for offshore installations; (b) the authorities or operators responsible for seaports; (c) the operators responsible for oil treatment facilities have prepared contingency plans for oil pollution, which are consistent with the national system established in accordance with Article 5 of this Protocol and are approved in accordance with procedures established by the competent national the organ.
Article 10. Help
1. A Contracting Party that requires assistance in dealing with an oil pollution incident or in the event of a threat of such an incident may request assistance from other Contracting Parties. The Contracting Party requesting assistance shall indicate the type of assistance required, which may include expert assistance, specialized personnel and response teams, equipment, supplies, vessels and aircraft. The Contracting Parties from which assistance is requested under this Article shall use their best means to provide such assistance to the best of their resources. 2. Each Contracting Party shall take the necessary legal and administrative measures to facilitate: (a) the arrival, use on and departure from its territory of ships, aircraft and other modes of transport engaged in combating an oil pollution incident or the transportation of personnel, cargo, materials and equipment required to combat such an incident; (b) the rapid movement to, through and from its territory of personnel, goods, materials and equipment referred to in subparagraph (a) of paragraph 2 of this article.
Article 11. Reimbursement of expenses related to the provision of assistance
1. If the agreement on financial conditions governing the actions of the Contracting Parties in combating incidents causing oil pollution has not been concluded on a bilateral or multilateral basis prior to such an incident, the Contracting Parties shall bear the costs associated with their respective actions to combat pollution in accordance with paragraphs 2, 3 and 4 of this Article. 2. Actions of one Contracting Party to assist the other Contracting Party in combating incidents causing oil pollution are undertaken on the basis of a written request from the Contracting Party receiving assistance. 3. The costs of actions to assist in combating oil pollution incidents undertaken by a Contracting Party at the request of another Contracting Party shall be reimbursed by the Contracting Party requesting such assistance. If the request has been cancelled, the requesting Contracting Party shall bear the costs that the assisting Contracting Party has already incurred or assumed. 4. If the actions to provide assistance have been taken by a Contracting Party on its own initiative and if the other Contracting Party does not object, the assisting Contracting Party shall bear the costs associated with its actions. 5. The principles set out in paragraphs 2, 3 and 4 of this Article shall apply unless the Contracting Parties concerned agree otherwise on a case-by-case basis. 6. Unless otherwise agreed, expenses related to actions taken by a Contracting Party at the request of another Contracting Party shall be properly calculated in accordance with the national legislation of the assisting Contracting Party with respect to reimbursement of such expenses. 7. The Contracting Party requesting assistance and the Contracting Party providing Assistance shall cooperate, where necessary, in carrying out actions to settle claims for reimbursement of expenses. To this end, they take due account of the existing legal regimes in the field of liability and compensation for damage caused by pollution. If the actions taken in this way do not allow for full reimbursement of expenses incurred in connection with the assistance operation. The Contracting Party requesting assistance may request the Contracting Party providing assistance to waive reimbursement of costs that exceed the amount of compensation or to reduce the costs calculated in accordance with paragraph 6 of this Article. She may also request a postponement of the reimbursement of such expenses. 8. The provisions of this article shall in no way be interpreted as prejudice to the rights of the Contracting Parties to recover from third parties the costs associated with actions to combat incidents causing oil pollution or the threat of such incidents in accordance with their national legislation and international treaties to which the Contracting Parties are parties. The Contracting Parties may cooperate and provide mutual assistance in recovering the costs incurred in these actions.
Section 2. Organizational structures
Article 12. Organizational provisions
1. For the purposes of this Protocol and in accordance with paragraph 10 of Article 22 of the Convention, the Conference of the Contracting Parties shall, inter alia: (a) monitor the implementation of this Protocol; (b) review the content of this Protocol; (c) consider and adopt any amendments to this Protocol or its annexes; (d) consider Reports prepared by the Secretariat on issues related to this Protocol; (e) seek, if necessary, technical and financial services from relevant international bodies and scientific institutions to achieve the objectives of this Protocol; (f) establish such subsidiary bodies as may be deemed necessary for the implementation of this Protocol; (g) perform the tasks specified in paragraph 3 of Article 4 of this Protocol; (h)) reviews strategies, action plans and programmes for the implementation of this Protocol; (i) also performs other functions that may be required for the implementation of this Protocol. 2. For the purposes of this Protocol and in accordance with paragraph 4 of Article 23 of the Convention, the Secretariat shall, inter alia: (a) prepare and make available to the Contracting Parties notifications and other information received in accordance with the provisions of this Protocol; (b) prepare and distribute reports on matters related to the implementation of this Protocol; (c) Considers questions and information received from the Contracting Parties and conducts consultations with them on issues related to the implementation of this Protocol; (d) arrange, at the request of any Contracting Party, for the provision of technical assistance and advice for the effective implementation of this Protocol; (e) cooperate appropriately with regional and international organizations and programmes; (f) also perform other functions as may be determined by the Conference of the Contracting Parties.
Article 13. Functions of the regional mechanism
1. The Regional Mechanism shall assist the Contracting Parties in responding promptly and effectively to oil pollution incidents. 2. The functions of the regional mechanism include: (a) establishing close working relationships with the competent national authorities of the Contracting Parties, as well as, where appropriate, with relevant international and regional governmental and non-governmental organizations and bodies involved in combating oil pollution incidents; (b) coordination of regional technical cooperation, training, exercises and expertise in case of emergency and assistance to national activities in these areas; (c) collection and dissemination of information on oil pollution incidents (description, expert opinion, incident reports, technical achievements in improving emergency plans and (d) preparation of systematic procedures for the transmission of information and information related to oil pollution incidents; (e) acting as a central point for the exchange of information on technical means for monitoring incidents causing oil pollution in the Caspian Sea; (f) making proposals for updating the Plan for Regional Cooperation to Combat Oil Pollution in the Event of an Emergency in the Caspian Sea; (g) also performing other functions that may be determined by the Conference of the Contracting Parties.
Section 3. Implementation and compliance
Article 14. Financing of the Protocol
1. In order to achieve the objectives of this Protocol, the Contracting Parties shall provide financial resources for the development and implementation of appropriate programmes, projects and measures. To this end, the Contracting Parties: (a) allocate available domestic financial resources; (b) facilitate the attraction of financial resources from bilateral and multilateral sources and financing mechanisms, including grants and loans; (c) Explore innovative methods and incentives to attract and channel resources, including funds from foundations, third-country government agencies, international organizations, non-governmental organizations, and private sector entities. 2. The financial rules of the Convention shall apply mutatis mutandis to this Protocol, unless the Contracting Parties decide otherwise.
Article 15. Relationship with the Convention
The rules of procedure adopted in accordance with subparagraph (c) of paragraph 9 of Article 22 of the Convention shall apply to this Protocol, unless the Contracting Parties determine otherwise.
Article 16. Dispute resolution
Any dispute between the Contracting Parties concerning the application or interpretation of the provisions of this Protocol shall be governed in accordance with Article 30 of the Convention.
Article 17. Adoption and entry into force of the Protocol
1. This Protocol shall be adopted by a unanimous decision of the Contracting Parties at a session of the Conference of the Contracting Parties. 2. This Protocol is open for signature only by the Caspian Littoral States in the city of __________ from ____ to ____. 3. This Protocol is subject to ratification, acceptance or approval by the Caspian littoral States and will be open for accession by any Caspian littoral State starting from the date of its closure for signature. 4. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary of the Convention. 5. This Protocol shall enter into force on the ninetieth day after the deposit of instruments of ratification, acceptance, approval or accession to the Convention by all Caspian littoral States.
Article 18. Adoption of amendments and annexes to the Protocol and amendments to its annexes
Any Contracting Party may submit proposals for the adoption of amendments and annexes to this Protocol, as well as amendments to its annexes. Such amendments and annexes shall be adopted by the Contracting Parties and shall enter into force for them in accordance with articles 24 and 25 of the Convention.
Section 4. Final articles
Article 19. The impact of the Protocol on national legislation
The provisions of this Protocol shall not affect the right of the Contracting Parties to take appropriate stricter national measures to implement this Protocol.
Article 20. Relationship with other international treaties
Nothing in this Protocol shall prejudice the rights and obligations of the Contracting Parties under other international treaties to which they are parties.
Article 21. Reservations
No reservations to this Protocol are permitted.
Article 22. Authentic texts
The texts of this Protocol in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English are authentic. In case of disputes concerning the interpretation or application of this Protocol, the English text shall be used.
Article 23. The Depository
The depositary of this Protocol is the Depositary of the Convention.
Article 24. Relation to negotiations on the legal status of the Caspian Sea
No provisions of this Protocol are interpreted as prejudging the outcome of negotiations on the legal status of the Caspian Sea.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Protocol.
Committed in ______________________________ 2011 of the year.
For the Republic of Azerbaijan
For the Islamic Republic of Iran
For the Republic of Kazakhstan
For the Russian Federation
For Turkmenistan
President
Republic of Kazakhstan
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