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Supplementary Protocol to the Agreement on Regional Cooperation
in Combating Pollution of the South-East Pacific by Hydrocarbons
or Other Harmful Substances in Cases of Emergency

Quito, 22 July 1983

The High Contracting Parties,

RECOGNIZING that the Agreement on Regional Cooperation in
Combating Pollution of the South-East Pacific by Hydrocarbons or
Other Harmful Substances in Cases of Emergency establishes
general principles on the subject,

CONSIDERING that it is necessary to supplement those rules by
specifying the co-operation mechanisms that would function in
the event of a massive oil spill with which an individual
country is unable to cope single-handedly, together with the
contingency plan that each country should establish,

BEARING in mind that the high cost of the measures that should
be adopted calls for a rational employment of equipment,
material and experts so as to enhance the possibilities of
making good use of external assistance,

Hereby agree as follows:

Article I

CO-OPERATION MECHANISMS IN THE EVENT OF OIL SPILLS

(a) Each High Contracting Party shall designate the authority
responsible for requesting or providing assistance in cases of
emergency and shall keep the other High Contracting Parties
informed of any change or designation for this purpose.

It shall also keep the other High Contracting Parties informed
of the experts and equipment, material and other items which it
is able to provide in cases of emergency.

(b) Requests for assistance shall be made by the most
expeditious means, if possible by telex. Such requests should
indicate the nature and scale of the assistance requested,
stating the amount and type of such assistance and the
approximate period for which it would be required.

The Executive Secretariat, in consultation with the High
Contracting Parties, shall endeavour to establish a procedure
for the fulfillment of such requests and for the exchange of
information required in order to provide assistance in cases of
emergency.

The requesting High Contracting Party should state exactly the
number of experts it requires and the type, make and quantity of
equipment and material required. It should also state how many
trained personnel it has available to make use of such equipment
and material and the supplementary equipment and installations
needed in order to operate them.

The High Contracting Party or Parties to which a request has
been addressed shall consider the assistance requested and shall
take a decision as soon as possible, immediately stating the
form, extent and conditions of the co-operation that they will
provide.

(c) Without prejudice to the provisions of the second section of
paragraph (a), the High Contracting Parties shall conduct a
study of the existing stock of items that may be provided and
their estimated cost, so that the Agreement may be implemented
in cases of emergency, and in particular on:

(i) The rental cost of each item of spill control equipment,
including the payment of insurance coverage against possible
damage and partial or total loss during the period for which
assistance is extended;

(ii) The value of the material which they are able to provide in
cases of emergency;

(iii) The cost of transporting the equipment and material from
the various places where they are stored to specific
destinations in the other High Contracting Parties;

(iv) The cost of the participation of experts and trained
personnel in an assistance operation;

(v) The payment arrangements for the services, material and
equipment requested.

The figures arrived at by each High Contracting Party on the
basis of the above-mentioned estimates shall reflect the actual
cost of the co-operation to be extended. They shall not
incorporate any earnings or profit for the High Contracting
Party providing the assistance.

(d) Each High Contracting Party shall determine the approximate
length of time during which it would be able to provide the
assistance requested. In any case, it shall enjoy priority in
the use of equipment and material should an emergency occur
simultaneously in its own maritime area of sovereignty and
jurisdiction.

A High Contracting Party receiving material undertakes to pay
for it or replace it promptly, including the cost of carriage
back to the place from which it came.

In each case the High Contracting Parties shall adopt the most
appropriate and expeditious procedures for replacing any
material they requested, taking account of the time required to
purchase and transport it to its final destination.

(e) The High Contracting Parties shall keep a record of the
amount and condition of the equipment and material dispatched
and received. Once such goods have been received, any damage or
loss, up to the time they are returned or reimbursed, shall be
borne by the High Contracting Party requesting the assistance.

(f) The experts participating in emergency operations shall
furnish advice to the authority officially designated in
accordance with paragraph (a) and shall in no case be
responsible for taking decisions. Such experts shall receive the
same treatment as experts of international organizations in the
same field.

(g) In view of the urgency of the co-operation requested, the
customs and immigration services shall extend special
concessions permitting the free movement of equipment, material
and personnel necessary for the implementation of this Protocol;
such equipment, material and personnel shall be granted
appropriate exemptions so that timely and effective assistance
can be afforded.

Article II

DESCRIPTION OF THE NATIONAL CONTINGENCY PLAN

The National Contingency Plan referred to in article IV of the
Agreement shall cover at least the following aspects:

(a) Allocation of institutional and functional responsibilities
for directing and executing operations to prevent, control and
clean up spills of hydrocarbons or other harmful substances;

(b) Selection of the areas most vulnerable or sensitive to
ecological or economic damage which will require special
protection;

(c) The natural, atmospheric and marine conditions prevalent in
such vulnerable areas;

(d) Optimum control and clean-up methods in various
circumstances and vulnerable areas;

(e) Financial and physical resources, such as material and
equipment available in the country and in the vulnerable areas,
and criteria for the allocation of specialized equipment;

(f) Plan of action in cases of emergency;

(g) Arrangements for requesting and using outside assistance;
and

(h) List of personnel and institutions involved in the plan of
action.

Article III

TRAINING, PROGRAMMES

The High Contracting Parties shall endeavour to develop and
organize regular training programmes in order to maintain
regional co-operation mechanisms referred to in this Protocol at
peak efficiency.

Article IV

EXECUTIVE SECRETARIAT

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

Article V

ENTRY INTO FORCE

This Protocol shall enter into force 60 days after the third
instrument of ratification has been deposited with the General
Secretariat of the Permanent Commission of the South Pacific.

Article VI

SCOPE OF THE PROTOCOL

Once this Additional Protocol enters into force, it shall form
an integral part of the Agreement on Regional Co-operation in
Combating Pollution of the South-East Pacific by Hydrocarbons or
Other Harmful Substances in Cases of Emergency.

Article VII

DENUNCIATION

This Protocol 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 a written
notification to the Executive Secretariat, which shall
communicate it forthwith to the High Contracting Parties.

The denunciation shall take effect 180 days after the date of
such notification.

Article VIII

AMENDMENTS

This Protocol 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 IX

ACCESSION

This Protocol 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 Protocol shall enter into force for the State acceding to
it 60 days after the deposit of the relevant instrument.

Article X

RESERVATIONS

No reservations concerning this Protocol 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 Protocol in
the city of Quito on the twenty-second day of July, one thousand
nine hundred and eighty-three.