サハリン北東部大陸棚の石油・ガス開発と環境V

Copyright (C) 1999 by Slavic Research Center,Hokkaido University.
All rights reserved.


別添1.ロシア・ノルウェー政府間協定(1992年)

ARTICLE I

The Parties undertake to render assistance to each other in combatting oil pollution incidents which may affect the areas of responsibility of the Parties, regardless of where such incidents may occur. Such assistance shall be rendered consistent with the provisions of this Agreement. To such end, the competent authorities of the Parties shall develop the Joint Contingency Plan Against Oil Pollution in the Barents Sea, hereinafter referred to as the Plan, which shall enter into force upon their written agreement.

ARTICLE II

For the purpose of this Agreement:
"Oil pollution incident" means a discharge or an imminent threat of discharge of oil from any source of such a magnitude or significance as to require an immediate response to prevent such a discharge or to contain, clean-up or dispose of the substance to eliminate the threat to or to minimize its harmful effects on the marine environment, public health or welfare.
"Oil" means oil in any form, including crude oil, fuel oil, sludge and oil wastes, and refined products.
"Competent authority" means, with respect to Norway, the Norwegian State Pollution Control Authority, and with respect to the Russian Federation, the Marine Pollution Control and Salvage Administration attached to the Department of Marine Transportation of the Ministry of Transportation of the Russian Federation.
"Area of responsibility" of a Party means the waters within the Barents Sea which are the respective Party's internal waters or territorial sea, and the sea area beyond the territorial sea in which that Party exercises its sovereign rights and jurisdiction in accordance with international law.
"Response resources" means the personnel, vessels, equipment and other means used to combat oil pollution.

ARTICLE III

The Parties commit themselves, within their capabilities, to the development of national systems that permit detection and prompt notification of the existence or the imminent possibility of the occurence of oil pollution incidents, and to providing adequate means within their power to eliminate the threat posed by such incidents and to minimize the adverse effects to the marine environment and the public health and welfare.

ARTICLE IV

The competent authority of one Party shall immediately notify the competent authority of the other Party of an oil pollution incident which may affect the other Party. Such notification shall be made in accordance with the procedures provided for in the Plan.

ARTICLE V

The Parties shall on a regular basis exchange up-to-date information and consult each other in order to guarantee adequate cooperation between their competent authorities, with regard to activities pertaining to this Agreement and the Plan.

ARTICLE VI

The implementation of the Plan shall be the primary responsibility of the competent authorities of the respective Parties, and of other authorities of the Parties, to the extent of such other authorities' competence under applicable law. The Plan may be amended, consistent with this Agreement and the procedures set forth in the Plan, by the competent authorities.

ARTICLE VII

The competent authority of the Party in whose area of responsibility an oil pollution incident occurs, or whose area of responsibility is affected by such an incident, shall direct response operations within that area.

ARTICLE VIII

The Plan may be invoked whenever an oil pollution incident affects or threatens to affect the areas of responsibility of both Parties or, although only directly affecting the area of responsibility of one Party, is of such a magnitude as to justify a request for the other Party's assistance.

ARTICLE IX

The joint response provided for under the Plan can only be undertaken when the competent authorities of the Parties agree. The competent authorities of the Parties will determine the appropriate action required for each oil pollution incident.

ARTICLE X

Requests for assistance will be communicated between the competent authorities of both Parties. Requests for assistance by telephone shall be confirmed by telex, telegraph or facsimile.
A Party shall endeavour to provide requested assistance as soon as possible to the extent that the Party determines the resources to be available. The availability of response resources for a specific oil pollution incident is understood to be dependent upon funding and the requirements of other missions.
The requesting Party shall provide all possible support to the response resources of the assisting Party.

ARTICLE XI

The assisting Party may fully or partly terminate its assistance if that Party determine that it is necessary to do so. Notice of termination shall be communicated to the competent authority of the requesting Party. The requesting Party shall release the response resources made available as soon as possible after the assistance has been terminated.
The requesting Party shall promptly inform the assisting Party when the need for assistance no longer exists, and release as soon as possible the response resources made available by the assisting Party.

ARTICLE XII

The Parties shall periodically conduct joint oil pollution response exercises and meetings in accordance with the provisions of the Plan. The competent authorities of the Parties shall alternate in the supervision of the exercises.

ARTICLE XIII

The requesting Party shall, to the greatest extent possible, facilitate the arrival and departure of response resources made available by the assisting Party for response activities pertaining to this Agreement. The Parties shall cooperate in implementing the provisions of this Article.

ARTICLE XIV

The requesting Party shall reimburse the assisting Party for the expenses associated with response resources. The amount shall be reimbursed in accordance with the rates and currency determined by the assisting Party.
In all other cases and circumstances, unless otherwise agreed, each Party shall bear the expenses of its own activities pertaining to this Agreement.
The expenses involved in conducting joint exercises shall be borne by each Party respectively.

ARTICLE XV

Nothing in this Agreement shall in any other way affect the rights and obligations of either Party as a result of other bilateral and multilateral agreements.
The Parties will implement this Agreement in accordance with the general rules and principles of international law and their respective national legislation.

ARTICLE XVI

This Agreement shall enter into force on the date both Parties have notified each other in writing that necessary internal procedures have been completed, and shall remain in force unless terminated by either Party by written notice six months in advance to the other Party of its intention to terminate this Agreement.
Termination of this Agreement shall not affect response operations which have been taken herunder and have not yet been completed at the time of termination unless otherwise agreed by the Parties.
This Agreement may be amended by written agreement between the Parties.
Done in......., in duplicate, on..............1992, in the Norwegian and Russian languages, both texts being equally authenic.

FOR THE GOVERNMENT OFFOR THE GOVERNMENT OF
THE KINGDOM OF NORWAYTHE RUSSIAN FEDERATION


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