On ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in the Field of Emergency Prevention and Response

Home / RLA / On ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in the Field of Emergency Prevention and Response

The Law of the Republic of Kazakhstan dated December 22, 2016 No. 30-VI SAM.

To ratify the Agreement on Cooperation of the member States of the Commonwealth of Independent States in the field of Emergency Prevention and Response, signed in Burabaya on October 16, 2015.

President

Republic of Kazakhstan

N. NAZARBAYEV

Agreements on cooperation between the member States of the Commonwealth of Independent States in the field of emergency prevention and response

(Entered into force on February 22, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 1, Article 19)

Officially

certified

text

The States Parties to this Agreement, hereinafter referred to as the Parties,

Aware of the danger posed by emergencies,

Recognizing that cooperation in the field of emergency prevention and response will contribute to improving the well-being and strengthening the security of the member States of the Commonwealth of Independent States,

Taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the Parties, as well as the resulting need for coordinated actions by the Parties,

Highly appreciating the long-term positive experience of cooperation in the field of prevention and elimination of natural and man-made emergencies within the framework of the implementation of adopted multilateral and bilateral agreements,

guided by the Concept of Further Development of the Commonwealth of Independent States,

have agreed on the following:

Article 1 Terms used

For the purposes of this Agreement, the following terms are used:

Requesting Party - A Party that requests assistance in preventing and/or eliminating emergency situations;

requested Party - The Party to whom a request is made for assistance in the prevention and/or liquidation of emergency situations;

Providing Party - The Party providing assistance at the request of the requesting Party;

competent authority - the authority of the Party responsible, in accordance with national legislation, for the prevention and elimination of emergency situations and the implementation of this Agreement;

The coordinating body is the Interstate Council for Natural and Man-made Emergencies, established in accordance with article 9 of the Agreement on Cooperation in the Field of Prevention and Elimination of Consequences of Natural and Man-made Emergencies of January 22, 1993.;

An emergency situation is a situation that has developed in a certain territory as a result of an accident, a dangerous natural phenomenon, a natural disaster or another disaster that may or may not result in human casualties, harm to human health or the environment, significant material damage and disruption of people's living conditions.;

Emergency prevention is a set of measures carried out in advance and aimed at reducing the risk of emergencies as much as possible, as well as preserving human health, reducing the amount of damage caused to the environment, and material damage in the event of their occurrence.;

emergency response - emergency rescue and other types of work carried out in emergency situations;

emergency rescue and other types of work are actions aimed at saving lives and preserving human health, restoring life support systems, reducing environmental damage and material losses, as well as localizing emergency zones.;

Assistance formation is a group (or groups) of specialists sent by the competent authority of the providing Party, designed to provide assistance in the field of emergency prevention and response, provided with the necessary equipment.;

equipment - property intended for the prevention and liquidation of an emergency situation, materials, technical and transport means, equipment and equipment of the relief force, personal equipment of members of the formation, communications equipment, medicines, medical equipment and other necessary property, as well as search dogs;

support materials are material resources intended for distribution to the population affected by an emergency situation.;

The transit State is the Party through whose territory the movement of the relief force, equipment and support materials takes place.

Article 2 Principles of cooperation

1. The legal basis for cooperation between the Parties in the field of emergency prevention and response is generally recognized principles and norms of international law, international obligations and legislation of the Parties, as well as this Agreement.

2. In the event of an emergency situation or a threat of its occurrence on the territory of one of the Parties, this Party may request assistance from the other Party or Parties.

3. The parties shall provide assistance to each other in accordance with their capabilities and on a voluntary basis. The conditions for providing assistance are determined on a case-by-case basis by agreement of the requesting and providing Parties.

Article 3 Basic forms of cooperation

The parties cooperate in the following main forms:

mutual notification of emergency situations;

forecasting and monitoring of emergency situations;

planning and carrying out measures to prevent and eliminate emergencies;

exchange of experience in organizing public preparedness for emergency situations;

exchange of information on emergency prevention and response, periodicals, methodological and other literature, video and photographic materials;

organization of joint conferences, seminars, workshops, exercises, trainings and specialized exhibitions;

training of specialists on a contractual basis, exchange of interns, teachers, scientists and specialists;

implementation of other activities in the field of emergency prevention and response, which are agreed upon by the competent authorities of the Parties.

Article 4 Competent authorities

1. The Parties shall inform the depositary of this Agreement of the competent authorities at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement.

2. The competent authorities of the Parties shall establish direct contacts during the implementation of this Agreement.

The competent authorities of the Parties annually, in the first quarter, inform the coordinating body about contacts and activities carried out under this Agreement.

3. In case of identification of other competent authorities, changes in their functions or names, the Parties shall inform the depositary about this within 30 days from the date of the relevant decision, which shall communicate this information to each of the Parties.

Article 5 Requests for assistance

1. Assistance is provided on the basis of a written request, which specifies the place, time, nature, scale of emergency situations and the current situation, as well as the priorities of the requested assistance.

The information is constantly updated by the requesting Party to reflect the latest developments and changes in the operational situation in the emergency zone.

2. The requested Party shall consider the request of the requesting Party as soon as possible and inform it of the types and scope, as well as the conditions for providing assistance. If it is impossible to provide assistance, information about it is immediately sent to the requesting Party.

3. Each Party shall take all necessary measures to prevent the spread of an emergency situation on its territory to the territories of other Parties. In the event of a threat of such proliferation and the impossibility of preventing it by its own efforts, the Party in whose territory the emergency situation has arisen shall inform other interested Parties about it.

Article 6 Management of the organization's assistance activities

1. The general management of the assistance unit is carried out by the competent authority of the requesting Party through the head of this unit.

2. The requesting Party shall inform the head of the assistance unit about the situation in the emergency zone at specific work sites, and, if necessary, provide assistance to interpreters, communications, transport, security, and arrange medical assistance free of charge.

3. The equipment of the relief force should be sufficient to carry out autonomous rescue and other types of work in the emergency zone for at least 72 hours. Upon completion of the inventory, the requesting Party provides the assistance unit with the necessary resources to continue its work, unless otherwise agreed by the Parties additionally.

4. Upon completion of the work, the head of the assistance unit provides the competent authority of the requesting Party with a report on the actions of his unit aimed at eliminating the emergency situation and the results of the work.

Article 7 Conditions for crossing the State border by an aid group

1. Members of the assistance formation cross the state border of the requesting Party using valid documents granting the right to cross the border and recognized by the requesting Party as such, through checkpoints agreed by the Parties that are open to international traffic. The head of the assistance formation must have a list of members of the assistance formation and a document issued by the competent authority of the providing Party confirming his authority.

2. The procedure for crossing the state borders of the requesting Party and the transit State by a canine group and the procedure for its stay in the territories of the requesting Party and the transit State shall be determined in accordance with the quarantine rules in force in the territories of the requesting Party and the transit State.

3. The movement of the relief force and the transportation of equipment and support materials are carried out by road, rail, water or air transport.

4. The procedure for using transport to move the relief force, equipment and support materials is determined by the competent authorities of the providing and requesting Parties.

Article 8 Import, export and transit of equipment and support materials

1. The movement of equipment and support materials across the state (customs) borders of the Parties, including transit through the territories of the Parties, is carried out as a matter of priority without payment of customs duties, fees, taxes, as well as without securing such payment and without applying non-tariff regulatory measures, provided that the Parties have harmonized non-tariff regulatory measures., as well as if the customs authorities have been provided with a list of equipment and support materials certified by the competent authority of the providing Party with confirmation, that the specified equipment and support materials are being moved for the purpose of preventing and/or eliminating emergency situations and ensuring the vital activity of the relief force.

2. Customs clearance of equipment and support materials is carried out in a priority (priority) manner. Transport (shipping), commercial and/or other documents may be used as a customs declaration, provided that the list specified in paragraph 1 of this Article is provided to the customs authorities.

3. The assistance force may import into the territory of the requesting Party and transit through the territories of the transit States only the equipment and support materials specified in the list referred to in paragraph 1 of this Article. At the same time, members of the assistance group may also import and transport goods for personal use through the territories of the transit States in accordance with the legislation of the Parties.

4. Upon completion of emergency rescue and other types of work, equipment and support materials imported into the territory of the requesting Party (with the exception of those completely consumed, destroyed and provided free of charge to the population affected by the emergency) are subject to re-export within the time limits agreed upon by the competent authorities of the Parties, or customs declaration and release with payment of customs duties, fees, taxes in accordance with the legislation of the Party in whose territory they are located.

The fact of destruction or complete consumption and distribution of security materials among the population affected by an emergency situation must be documented by the competent authority of the requesting Party.

5. Aircraft that are part of the equipment of the relief force are exempt from air navigation, airport and other types of fees (payments).

Article 9 Transit

1. The Parties, in accordance with their legislation, shall facilitate the unhindered transit through their territories of assistance units, equipment and support materials of the providing Party, following emergency prevention and response to the territory of the requesting Party.

2. The provisions of paragraph 1 of this Article shall be applied by agreement of the Parties concerned in each specific case with respect to the transit through their territories of relief units, equipment and support materials following emergency response on the territory of third States.

Article 10 Compensation for damage

1. The requesting Party shall bear the transportation and medical care costs associated with the injury or death of members of the relief force, if this happened while performing tasks to assist in the prevention and/or elimination of emergency situations.

2. If a member of the formation providing assistance in carrying out tasks related to the elimination of emergency situations in the territory of the requesting Party harms a legal entity or an individual, the damage is compensated by the requesting Party in accordance with its legislation.

3. The damage caused by a member of the assistance group intentionally is subject to compensation in accordance with the legislation of the requesting Party.

Article 11 Coordination of activities

The Interstate Council for Natural and Man-made Emergencies is responsible for coordinating the activities and organizing operational interaction between the competent authorities of the Parties within the framework of the implementation of this Agreement.

Article 12 Relation to other international treaties

This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.

Article 13 Entry into force

1. This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third written notification that the Parties have completed the internal procedures necessary for its entry into force.

2. For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

3. From the date of entry into force of this Agreement, Articles 1-8 of the Agreement on Cooperation in the Field of Prevention and Elimination of Consequences of Natural and Man-Made Emergencies of January 22, 1993, cease to be effective in relations between the Parties that are Parties to this Agreement.

Article 14 Introduction of amendments and additions

By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol, which enters into force in accordance with the procedure provided for in Article 13 of this Agreement.

Article 15 Accession

1. After its entry into force, this Agreement is open for accession by any State by submitting an instrument of accession to the depositary.

2. For a CIS member State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

3. For a non-CIS State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the last notification of the consent of the signatory or acceding States to such accession.

Article 16 Dispute resolution

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned.

Article 17 Reservations

Reservations to this Agreement are not allowed.

Article 18 Period of validity

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than 6 months before the withdrawal and settling financial and other obligations that have arisen during the validity of the Agreement.

Done in the village of Burabai (Republic of Kazakhstan) on October 16, 2015 in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan

For the Russian Federation

For the Republic of Armenia

For the Republic of Tajikistan

For the Republic of Belarus

For Turkmenistan

For the Republic of Kazakhstan

For the Republic of Uzbekistan

For the Kyrgyz Republic

For Ukraine

For the Republic of Moldova

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation between the member States of the Commonwealth of Independent States in the Field of Emergency Prevention and Response, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which was held on October 16, 2015 in the village of Burabai, Republic of Kazakhstan. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman

The Executive Committee -

CIS Executive Secretary

V. Garkun

President

Republic of Kazakhstan

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