On the ratification of the Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric Power Facilities of the Member States of the Commonwealth of Independent States
Law of the Republic of Kazakhstan dated July 7, 2004 No. 579
To ratify the Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric Power Facilities of the Member States of the Commonwealth of Independent States, signed in Moscow on May 30, 2002.
President of the Republic of Kazakhstan
Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric Power Facilities of the Member States of the Commonwealth of Independent States
Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Republic of Tajikistan, Republic of Uzbekistan, Ukraine
notifications have been submitted:
Kyrgyz Republic - deposited on December 20, 2002; Republic of Moldova - deposited on March 19, 2003; Republic of Belarus - deposited on May 19, 2003; Republic of Tajikistan - deposited on June 2, 2003; Republic of Kazakhstan - deposited on July 22, 2004; Republic of Armenia - deposited on December 8, 2004.
The Agreement entered into force on May 19, 2003.
entered into force for the States:
Kyrgyz Republic - May 19, 2003; Republic of Moldova - May 19, 2003; Republic of Belarus - May 19, 2003; Republic of Tajikistan - June 2, 2003; Republic of Kazakhstan - July 22, 2004; Republic of Armenia - December 8, 2004.
The Governments of the States Parties to this Agreement, hereinafter referred to as the Parties, guided by The Agreement on Ensuring Parallel Operation of Electric Power Systems of the Member States of the Commonwealth of Independent States dated November 25, 1998 and the Agreement on Cooperation in the Field of Prevention and Elimination of Consequences of Natural and Man-made Emergencies dated January 22, 1993, Understanding the importance of organizing and resolving issues of mutual assistance in ensuring energy supply to consumers and the sustainable operation of electric power systems of the member States of the Commonwealth of Independent States in cases of accidents and other emergencies, recognizing the urgent need and interest in jointly addressing issues related to the prevention of accidents, as well as other emergencies and the elimination of their consequences at electric power facilities, agreed as follows:
Article 1
For the purposes of this Agreement, the following terms and concepts mean: electric power facilities - complexes of devices and installations for the production, conversion, transmission and distribution of electric and thermal energy, consisting of electric power plants, their reservoirs, substations, power transmission lines and pipelines forming main electric and thermal networks; electric power system - a set of electric power facilities of a Party, their means of operation and management, connected by a single process of production, transmission and distribution of electric energy (capacity); accident, emergency - the regime of electric power systems that occurs when electric power installations, their elements, structures or as a result of emergency situations, leading to: - termination of energy supply to consumers, This includes systems that ensure human life, transport, and communications.; - the impossibility of parallel operation of one or more power systems; - other damage corresponding to the classification criteria of the accident established by the legislation of each Party; An emergency situation is a situation that has developed as a result of an accident, disaster, natural disaster or other disaster that may or may not result in human casualties, damage to human health, the environment, electric power facilities and other economic facilities, significant material losses, as well as disruption of human living conditions, the functioning of transport and communications; elimination of the consequences of accidents, restoration of the operability of electric power facilities - emergency rescue, restoration and other urgent work carried out in the event of an immediate threat or in the event of accidents and other emergency situations and aimed at saving lives and preserving human health, the functioning of transport and communications, reducing environmental damage and material losses, as well as the localization of zones accidents and emergencies in case of expansion of the scale of accidents at electric power facilities; assistance groups are groups of qualified specialists who have the right (license) to carry out appropriate rescue, restoration and other urgent work in providing assistance to eliminate the consequences of an accident at electric power facilities and are equipped with special equipment, equipment, equipment, tools and materials; an economic entity is a legal entity engaged in production, transformation, transmission, distribution and sale of electric and thermal energy in accordance with the legislation of the Party; The competent authority is the body appointed by the Party(s) to coordinate the work related to the implementation of this Agreement.
Article 2
If the Party on whose territory the accident occurred cannot independently cope with the localization and elimination of the consequences of the accident, then assistance in carrying out rescue and recovery operations is provided by the other Party(s) when the Party turns to her (them) for help. At the same time, the requesting Party informs the other Party(s), as well as the Executive Committee of the CIS Electric Power Council about the nature of the accident, indicates the specific types and amounts of necessary assistance, and the relevant relations between the Parties are determined by Article 6 of this Agreement and the Agreement on Cooperation in the Field of Prevention and Elimination of Consequences of Natural and Man-made Emergencies of January 22, 1993.. The Party in whose territory the accident occurred may cancel its request for assistance at any time. In this case, the Party(s) providing assistance is entitled to receive compensation for the costs incurred by him (them) related to the provision of assistance.
Article 3
All activities of the Parties in accordance with this Agreement, including the exchange of information and the provision of assistance through the dispatch of assistance teams, will be conducted in accordance with international treaties and national laws of the Parties.
Article 4
In order to eliminate the consequences of accidents at electric power facilities as quickly as possible, the Parties provide assistance on the basis of concluded bilateral or multilateral agreements with financial resources, logistical resources, equipment and spare parts, secondment of assistance teams, as well as unscheduled supplies of fuel and electric energy (capacity), taking into account the technical conditions for ensuring energy supply to consumers and sustainable operation. electric power systems of the member States of the Commonwealth of Independent States, - which can be returned in accordance with the agreement of the Parties. Assistance teams, special equipment, equipment, equipment, tools and materials may be sent by land, air or water transport used in the provision of assistance in the cases provided for in Article 2 of this Agreement. In the case of the use of air transport, each Party, in accordance with national legislation, submits a flight permit and indicates the appropriate points on its territory. The Party providing assistance is exempt from fees for the flight, landing, parking at the airfield and take-off from it of aircraft, refueling, maintenance, meals for passengers and crew, as well as fees for air navigation services. The procedure for using transport and cost compensation is determined by agreement of the Parties in accordance with international treaties and national legislation.
Article 5
The Parties may create emergency interstate stocks, including basic equipment, spare parts, logistical and energy resources, as well as autonomous mobile power plants that ensure the livelihoods of personnel of electric power facilities, the public, the functioning of transport and communications. The conditions for the formation and use of interstate reserves are determined by the Parties in separate agreements. The nomenclature, volumes and locations of emergency interstate stocks are agreed upon by a separate protocol, which is an integral part of such an agreement.
Article 6
In order to eliminate the consequences of an accident as quickly as possible, the Party on whose territory it occurred shall, as a matter of priority, grant the right to assistance groups of other Parties to freely import into and export from its territory special machinery, equipment, equipment, tools and materials necessary to eliminate the consequences of the accident, which are subject to simplified customs control and customs clearance based on notifications issued by the competent authorities of the Parties, which indicate the composition of the assistance teams., the nomenclature and quantity of imported or exported special machinery, equipment, equipment, tools and materials necessary to eliminate the consequences of an accident. Imported special equipment, equipment, tools, and unspent materials are subject to re-export in accordance with a pre-submitted notification. If special machinery, equipment, equipment, tools and materials or part of them remain as an aid item or due to circumstances they cannot be exported, they are subject to customs declaration in accordance with the legislation of the Party in whose territory the accident occurred. When importing drugs containing drugs for medical care, the head of the assistance team presents a permit (license) to the customs authorities indicating the nomenclature and quantity of imported drugs containing drugs. When exporting spent medicines containing drugs, an act signed by the head of the assistance team and certified by a representative of the competent authority of the Party in whose territory the accident occurred is presented. At the same time: - The Parties undertake not to levy customs duties, fees and taxes, as well as not to apply non-tariff restrictions on the movement of vehicles, special equipment, equipment, medicines for medical care, equipment, tools and materials necessary to eliminate the consequences of an accident, as well as for the unplanned supply of electricity across their state border. or her return; - crossing of the state border by persons belonging to the assistance group is carried out using identity cards or passports through checkpoints open to international traffic, in accordance with the legislation of the Party in whose territory the accident occurred; - The Parties, in case of an emergency need to provide electricity to particularly important consumers of the Party in whose territory the accident occurred, notify the customs authorities of their States no later than 48 hours after the start of the unscheduled transmission of electricity.
Article 7
Coordination of the interaction of all assistance groups, including those sent by the other Party(s), in the aftermath of an accident is carried out by the competent authority of the Party in whose territory the accident occurred. The Parties shall notify the depositary of their competent authorities under this Agreement within one month after the entry into force of this Agreement. If the accident occurred on the territory of two or more Parties, the interaction of these groups is carried out by the competent authority appointed by agreement of the Parties. The respective relations of the Parties in this case may be determined by Article 9 of this Agreement.
Article 8
The Party in whose territory the accident occurred provides the necessary conditions, including free medical care, for the activities of the groups involved in the elimination of the consequences of the accident to provide assistance to other Parties and the safety of the special equipment, equipment, equipment and logistical resources used by them, if necessary, provides additional equipment, communications, security and ensures translators, and also takes care of expenses related to accidents that have happened to members of the assistance team., if they occurred while performing tasks related to the implementation of this Agreement. If a member of the assistance group causes unintended harm to an individual or legal entity while performing tasks related to the implementation of this Agreement, the damage is compensated by the Party in whose territory the accident occurred, in accordance with national legislation. In case of intentional harm or gross negligence, the damage is compensated by the Party providing assistance.
Article 9
Reimbursement of the costs of eliminating the consequences of accidents at electric power facilities is carried out by agreement of the Parties, and, if necessary, with the participation of business entities from targeted (extra-budgetary) financial and/or material reserves in accordance with international treaties and national legislation. For this purpose, the Parties may, by agreement, form appropriate targeted (extra-budgetary) financial and/or material reserves. The party providing assistance provides insurance for the members of the assistance groups. Insurance costs are included in the total cost of assistance.
Article 10
In the event of accidents at electric power facilities providing interstate flows of electric energy (capacity), the Parties may establish joint commissions to investigate them, as well as develop measures to prevent accidents and eliminate their consequences. The standard Regulation on the commission is approved by the CIS Electric Power Council.
Article 11
In order to prevent accidents and increase the stability of electric power systems, stakeholders cooperate in the development and implementation of measures, rules and specifications that improve the reliability of electric power equipment and installations, control, control, protection and communication systems based on scientific and technological progress and environmentally friendly technologies.
Article 12
The Parties, in accordance with national legislation, will take the necessary measures to develop and coordinate regulatory legal acts to implement the provisions of this Agreement.
Article 13
The Parties shall inform each other about changes in national legislation affecting emergency recovery operations within one month from the date of entry into force of the changes and conduct appropriate negotiations to achieve mutually acceptable solutions.
Article 14
The coordination of work on the implementation of this Agreement by the intergovernmental bodies of sectoral cooperation of the Commonwealth of Independent States is entrusted to the Executive Committee of the CIS Electric Power Council.
Article 15
This Agreement does not affect the obligations of the Parties under other international treaties to which the Parties are parties.
Article 16
Disputes arising during the implementation of the provisions of this Agreement are resolved through negotiations.
Article 17
This Agreement shall enter into force on the date of the deposit of the third written notification to the depositary on the completion by the signatory Parties of the internal procedures necessary for its entry into force. For the Parties that have deposited their notifications after the entry into force of this Agreement, it shall enter into force on the date of deposit of the relevant notification with the depositary.
Article 18
This Agreement is valid for five years. Upon expiration of this period, this Agreement is automatically extended each time for a period of 5 years, unless the Parties decide otherwise.
Article 19
This Agreement is open for accession by other States with the consent of all Parties by depositing the instruments of accession with the depositary. The accession shall be deemed to have entered into force from the date of receipt by the depositary of the last notification of the Parties' consent to such accession.
Article 20
Amendments and additions may be made to this Agreement with the general consent of all Parties, which are formalized by appropriate protocols that are an integral part of this Agreement and enter into force in accordance with the procedure provided for in Article 17 of this Agreement.
Article 21
Either Party may withdraw from this Agreement by sending a written notification to the depositary no later than one year before the withdrawal date, having fulfilled the financial and other obligations incurred during the validity of this Agreement.
Done in Moscow on May 30, 2002, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each Party that has signed this Agreement.
For the Government For the Government Azerbaijan Republic of the Republic of Moldova
For the Government For the Government of the Republic of Armenia Of the Russian Federation
For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan
For the Government For the Government of Georgia Turkmenistan
For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan
For the Government For the Government Of the Kyrgyz Republic Of Ukraine
Reservation of the Republic of Azerbaijan to the Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric power Facilities of the member States of the Commonwealth of Independent States
Article 21
Either Party may withdraw from this Agreement by sending a written notification to the depositary no later than one year before the withdrawal date, having fulfilled the financial and other obligations incurred during the validity of this Agreement.
Done in Moscow on May 30, 2002, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each Party that has signed this Agreement.
For the Government For the Government Azerbaijan Republic of the Republic of Moldova
For the Government For the Government of the Republic of Armenia Of the Russian Federation
For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan
For the Government For the Government of Georgia Turkmenistan
For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan
For the Government For the Government Of the Kyrgyz Republic Of Ukraine
Reservation of the Republic of Azerbaijan to the Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric power Facilities of the member States of the Commonwealth of Independent States
The Republic of Azerbaijan declares that none of the rights, obligations and provisions set forth in the Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric Power Facilities of the member States of the Commonwealth of Independent States will be accepted by the Republic of Azerbaijan in relation to the Republic of Armenia.
The Prime Minister The Republic of Azerbaijan
Application of the Republic of Belarus to the Agreement on Mutual Assistance in Cases of Accidents and Other Emergencies at Electric Power Facilities of the Member States of the Commonwealth of Independent States
The Belarusian side understands the concepts used in the text of the Agreement: "territory of the Party", "national legislation of the Parties", "competent authorities of the Parties", "electric power facilities of the Parties", respectively, in the following meanings: "territory of the State of the Party", "national legislation of the States of the Parties", "competent authorities of the States of the Parties", "electric power facilities of the States of the Parties". Parties".
Prime Minister of the Republic of Belarus
President
Republic of Kazakhstan
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