AGREEMENT ON REGIONAL CO-OPERATION IN COMBATING POLLUTION OF THE SOUTH-EAST PACIFIC BY HYDROCARBONS OR OTHER HARMFUL SUBSTANCES IN CASES OF EMERGENCY

AGREEMENT ON REGIONAL CO-OPERATION IN COMBATING POLLUTION  
OF THE SOUTH-EAST PACIFIC BY HYDROCARBONS OR OTHER HARMFUL  
SUBSTANCES IN CASES OF EMERGENCY 

Lima, 12 November 1981 


The High Contracting Parties, 

Recognizing that pollution of the sea by hydrocarbons or other  
harmful substances in the South-East Pacific constitutes a danger  
to the coastal States and the marine ecosystem, 

Considering that the co-operation of all coastal States is  
necessary in order to combat such pollution, 

Have agreed on the following: 


Article I 

The High Contracting Parties hereby agree to cooperate in taking  
the necessary measures to neutralize or control harmful effects in  
cases which they consider constitute a serious and imminent danger  
to the marine environment, the coast or related interests of one  
or more of them caused by the presence of massive quantities of  
hydrocarbons or other harmful substances resulting from emergency  
situations and polluting or threatening to pollute the maritime  
area specified in the following article. 


Article II 

The sphere of application of this Agreement shall be the area of  
the South-East Pacific within the 200-mile maritime area of  
sovereignty and jurisdiction of the High Contracting Parties and,  
beyond that area, in the high seas up to a distance within which  
discharged pollutants constitute a danger, as referred to in  
article I, to the waters of the aforesaid area. 


Article III 

For the purposes of this Agreement, the term "related interests"  
shall mean the interests of a coastal State directly affected or  
threatened and, in particular, the following: 

(a) The quality of life and health of coastal populations; 

(b) The conservation of living resources; 

(c) Activities in coastal waters, islands, ports and estuaries,  
including fishing activities; and 

(d) The historical and touristic heritage of the area concerned,  
including sporting and recreational activities. 


Article IV 

The High Contracting Parties shall endeavour to promote and  
establish contingency plans and programmes aimed at combating  
marine pollution by hydrocarbons or other harmful substances, and  
to maintain and increase the resources necessary for those  
purposes, through bilateral or multilateral co-operation and the  
individual actions of each State. Such resources shall include,  
inter alia, equipment, ships, aircraft and trained manpower for  
emergency operations. 


Article V 

The High Contracting Parties shall carry out, either individually  
or through bilateral or multilateral co-operation, monitoring  
activities covering the South-East Pacific with the aim of  
obtaining accurate and timely information in emergency situations  
referred to in article I of this agreement. 


Article VI 

If harmful substances in containers, portable tanks or tank- 
vehicles, such as trucks or railway wagons, are thrown or lost  
overboard, the High Contracting Parties shall co-operate, to the  
extent of their capabilities, in salvaging and recovering such  
substances, with the aim of reducing the danger of pollution of  
the marine environment. 


Article VII 

The High Contracting Parties undertake to exchange information on  
the following: 

(a) The competent national organization or authorities responsible  
for combating marine pollution; 

(b) The competent national authorities and bodies responsible for  
receiving information on marine pollution and for carrying out  
assistance programmes or measures for the benefit of the parties;  
and 

(c) Research programmes which they are conducting in order to  
develop new methods and techniques for preventing marine pollution  
as well as the results of such programmes. 


Article VIII 

The High Contracting Parties undertake to coordinate the use of  
the available communication media in order to ensure the timely  
reception, transmission and dissemination of all information on  
emergency situations referred to in article 1. 


Article IX 

The High Contracting Parties shall issue instructions to the  
masters of ships flying their flag and the commanders or pilots of  
aircraft registered in their territory to report the following by  
the most expeditious means and in accordance with the guidelines  
contained in the annex to this Agreement: 

(a) The presence, characteristics and extent of oil slicks and  
other harmful substances observed in the sea which may constitute  
an imminent threat to the marine environment or related interests  
of one or more of the Contracting Parties; and 

(b) Any other emergency which causes or threatens to cause  
pollution of the marine environment. 

Information collected in accordance with the first paragraph of  
this article shall immediately be communicated to the Contracting  
Parties which may be affected by the danger of pollution. 


Article X 

High Contracting Parties faced with an emergency situation as  
defined in article I of this Agreement shall take the following  
measures: 

(a) They shall assess the nature and extent of the emergency and,  
as the case may be, the type and approximate quantity of  
hydrocarbons or other pollutants, including the direction and the  
speed of drift of the spillage; 

(b) They shall adopt all appropriate measures to avoid or reduce  
the effects of the pollution; 

(c) They shall immediately report upon the activities referred to  
in the preceding sub-paragraphs and any other action which they  
are undertaking or intend to undertake in order to combat the  
pollution; and 

(d) They shall observe the emergency situation for as long as it  
lasts, any changes that may occur and, in general, the development  
of the pollution. The information obtained from such observation  
shall be communicated to the High Contracting Parties in the  
manner provided for in the preceding article. 


Article XI 

High Contracting Parties requiring assistance in combating  
pollution in cases of emergency as referred to in article I may  
request the co-operation of the other Parties, especially those  
which may be affected by the pollution. 

Such co-operation may include expert advice and the provision of  
equipment and materials necessary to combat the pollution. 

The High Contracting Parties to which a request has been  
addressed shall, as soon as possible, consider the request in the  
light of their capabilities and shall immediately inform the  
requesting Party of the form, extent and conditions of the co- 
operation they are able to provide. 


Article Xll 

The High Contracting Parties shall hold ordinary sessions at  
least every two years and extraordinary sessions at any time  
whenever two or more of them so request. 

The ordinary sessions shall be held at the same time as those of  
the Co-ordinating Commission for Scientific Research of the  
Permanent Commission of the South Pacific, or its Legal  
Commission. 

At ordinary sessions, the High Contracting Parties shall examine,  
inter alia, the following points: 

(a) The extent to which this Agreement is being implemented, the  
effectiveness of the measures taken and the need to develop other  
kinds of activities; 

(b) The advisability of amending or revising the annex to this  
Agreement, and of modifying or expanding any resolutions adopted  
in pursuance thereof; and 

(c) The performance of any other function which may assist in  
achieving the purposes of this Agreement. 


Article XIII 

For the purposes of the administration and application of this  
Agreement, the High Contracting Parties hereby designate the  
Permanent Commission of the South Pacific as Executive Secretariat  
of the Agreement. At their first meeting the Parties shall  
establish the procedure and financing for the performance of this  
function. 


Article XIV 

This Agreement shall enter into force sixty days after the third  
instrument of ratification has been deposited with the General  
Secretariat of the Permanent Commission of the South Pacific. 


Article XV 

This Agreement may be denounced by any of the High Contracting  
Parties after it has been in force for two years for the High  
Contracting Party denouncing it. 

Such denunciation shall be effected by means of written  
notification to the Executive Secretariat, which shall communicate  
it forthwith to the High Contracting Parties. 

The denunciation shall take effect one hundred and eighty days  
after the date of such notification. 


Article XVI 

This Agreement may be amended only with the unanimous agreement  
of the High Contracting Parties. Amendments shall be subject to  
ratification and shall enter into force once the third instrument  
of ratification has been deposited with the Executive Secretariat. 


Article XVII 

This Agreement shall be open for accession by any State bordering  
the South-East Pacific. 

Accession shall be effected by the deposit of the relevant  
instrument with the Executive Secretariat, which shall communicate  
it to the High Contracting Parties. 

This Agreement shall enter into force for the State acceding to  
it sixty days after the deposit of the relevant instrument. 


Article XVIII 

No reservations concerning this Agreement may be entered. 

Done in six identical copies, one of which shall be deposited  
with the General Secretariat of the Permanent Commission of the  
South Pacific, all being equally authentic for the purposes of  
implementation and interpretation. 

In witness whereof the Plenipotentiaries, being duly authorized  
by their respective Governments, have signed this Agreement in the  
city of Lima, on the twelfth day of November, one thousand nine  
hundred and eighty-one. 


Annex 

CONTENT OF THE REPORT TO BE DRAFTED PURSUANT TO ARTICLE IX OF THE  
AGREEMENT 


Article I 

Each report shall, if possible, contain the following: 

(a) Identification of the source of pollution, identity of the  
ship, where appropriate; 

(b) The geographical position, time and date of the incident or  
sighting; 

(c) The wind and sea conditions prevailing in the area; 

(d) If the pollution has been caused by a ship, relevant details  
concerning the state of that ship; 

(e) A clear indication or description of the harmful substances  
involved, including their correct technical names. Trade names  
shall not be used in place of such technical names; 

(f) An accurate or estimated indication of the quantities,  
concentration and likely condition of the harmful substances  
discharged or likely to be discharged into the sea; 

(g) A description of the packaging and identification marks; 

(h) The name of the consignor, consignee or manufacturer; and 

(i) Such other information as the reporting officer may consider  
relevant. 


Article II 

Each report shall, as far as possible, indicate clearly whether  
the harmful substance discharged or likely to be discharged is a  
hydrocarbon or a harmful liquid, solid or gaseous substance and  
whether the substance was or is carried in bulk or contained in  
packaging, portable tanks, tank-vehicles or tank-wagons. 


Article III 

Any person referred to in article IX of this Agreement shall, as  
far as possible: 

(a) Include in the initial report data concerning the development  
of the situation; and 

(b) Comply with such requests for additional information as may be  
made by the States affected.