The MULTILATERALS PROJECT, The Fletcher School, Tufts University United Nations Law of the Sea Bulletin no. 22 ANNEX I Harmful substances Part I - General principles 1.0 Introduction In order to fulfil the requirements of relevant parts of this Convention the following procedure shall be used by the Contracting Parties in identifying and evaluating harmful substances, as defined in article 2, paragraph 7. 1.1 Criteria on the allocation of substances The identification and evaluation of substances shall be based on the intrinsic properties of substances, namely: - persistency; - toxicity or other noxious properties; - tendency to bio-accumulation. as well as on characteristics liable to cause pollution, such as: - the ratio between observed concentrations and concentrations having no observed effect; - transboundary or long-range significance - risk of undesirable changes in the marine ecosystem and irreversibility or durability of effects; - radioactivity; - serious interference with harvesting of sea-foods or with other legitimate uses of the sea; - distribution pattern (i.e. quantities involved, use pattern and liability to reach the marine environments); - proven carcinogenic, teratogenic or mutagenic properties in or through the marine environment. These characteristics are not necessarily of equal importance for the identification and evaluation of a particular substance or group of substances. 1.2 Priority groups of harmful substances The Contracting Parties shall, in their preventive measures, give priority to the following groups of substances which are generally recognized as harmful substances (a) heavy metals and their compounds; (b) organohalogen compounds; (c) organic compounds of phosphorus and tin; (d) pesticides, such as fungicides, herbicides, insecticides, slimicides and chemicals used for the preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles; (e) oils and hydrocarbons of petroleum origin; (f) other organic compounds especially harmful to the marine environment; (g) nitrogen and phosphorus compounds; (h) radioactive substances, including wastes; (i) persistent materials which may float, remain in suspension or sink; (j) substances which cause serious effects on taste and/or smell of products for human consumption from the sea, or effects on taste, smell, colour, transparency or other characteristics of the water. Part 2 - Banned substances In order to protect the Baltic Sea Area from hazardous substances, the Contracting Parties shall prohibit, totally or partially, the use of the following substances or groups of substances in the Baltic Sea Area and its catchment area: 2.1 Substances banned for all final uses, except for drugs DDT (1,1,1-trichloro-2,2-(chlorophenyl)-ethane) and its derivatives DDE and DDD; 2.2 Substances banned for all uses, except in existing closed system equipment until the end of service life or for research, development and analytical Purposes (a) PCBs (polychlorlnated birhenyls); (b) PCTs (polychlorinated terphonyls). 2.3 Substances banned for certain applications organotin compounds for anti-fouling paints for pleasure craft under 25 m and fish net cages. Part 3 - Pesticides In order to protect the Baltic Sea Area from hazardous substances, the Contracting Parties shall endeavour to minimize and, whenever possible, to ban the use of the following substances as pesticides in the Baltic Sea Area and its catchment area: CAS-number Acrylonitrile 107131 Aldrin 309002 Aramito 140578 Cadmium compounds --- Chlordane 57749 Chlordecon 143500 Chlordimef 6164983 Chloroform 67663 1,3-Dibrome 106934 Dieldrin 60571 Endrin 72208 Fluoroacetic acid and derivatives 766393, 144490 Hoptachlor 76448 Isobenzane 297789 Isodrin 46S736 Kelevan 4234791 Lead compounds - Mercury compounds - Morfamquat 4636833 Nitrophon 1836788 Pentachlorophenol 87865 polychlorinated terpenes 8001501 Quintozene 82688 Selenium compounds - 2,4,5-T 93765 Toxaphene 8001352 ANNEX II Criteria for use of best environmental Practice and best available technology Regulation 1; general provisions 1. in accordance with the relevant parts of this Convention, the Contracting Parties shall apply the criteria for Best Enviromental Practice and Best Available Technology described below. 2. In order to prevent and eliminate pollution the Contracting Parties shall use Best Environmental Practice for all sources and Best Available Technology for point sources, minimizing or eliminating inputs to water and air from all sources by providing control strategies. Regulation 2; Best Environmental Practice The term "Best Environmental Practice" is taken to mean the application of the most appropriate combination of measures. In selecting for individual cases, at least the following graduated range of measures should be considered: - provision of information and education to the public and to users about the environmental consequences of choosing particular activities and products, their use and final disposal; - the development and application of Codes of Good Environmental Practice covering all aspects of activity in the product's life; - mandatory labels informing the public and users of environmental risks related to a product, its use and final disposal; - availability of collection and disposal systems; - saving of resources, including energy - recycling, recovery and reuse; - avoiding the use of hazardous substances and products and the generation of hazardous waste; - application of economic instruments to activities, products or groups of products and emissions - a system of licensing involving a range of restrictions or a ban. 2. In determining in general or individual cases what combination of measures constitute Best Environmental practice, particular consideration should be given to: - the precautionary principle; - the ecological risk associated with the product, its production, use and final disposal; - potential environmental benefit or penalty of substitute materials or activities; - advances and changes in scientific knowledge and understanding; - time-limits for implementation; - social and economic implications. Regulation 3; Best Available Technology 1. The term "Best Available Technology" is taken to mean the latest stage of development (state of the art) of processes, of facilities or of methods of operation which indicate the practical suitability of a particular measure for limiting discharges. 2. In determining whether a set of-processes, facilities and methods of operation constitute the Best Available Technology in general or individual cases, special consideration should be given to: - comparable processes, facilities or methods of operation which have recently been successfully tried out; - technological advances and changes in scientific knowledge and understanding; - the economic feasibility of such technology; - time-limits for application; - the nature and volume of the emissions concerned; - non-waste/low-waste technology; - the precautionary principle. Regulation 4; Future developments it therefore follows that "Best Environmental Practice" and "Best Available Technology" will change with time in the light of technological advances and economic and social factors, an well as changes in scientific knowledge and understanding. ANNEX III Criteria and measures concerning the prevention of pollution from land-based sources Regulation 1; General provisions In accordance with the relevant parts of this Convention the Contracting Parties shall apply the criteria and measures in this Annex in the whole catchment area and take into account Best Environmental Practice (BEP) and Best Available Technology (BAT) as described in Annex 11. Regulation 2; Specific requirements 1. Municipal sewage water shall be treated at least by biological or other methods equally effective with regard to reduction of significant parameters. Substantial reduction shall be introduced for nutrients. 2. Water management in industrial plants should aim at closed water systems or at a high rate of circulation in order to avoid wastewater wherever possible. 3. Industrial wastewaters should be separately treated before mixing with diluting waters. 4. Wastewaters containing hazardous substances or other relevant substances shall not be jointly treated with other wastewaters unless an equal reduction of the pollutant load is achieved compared to the separate purification of each wastewater stream. The improvement of wastewater quality shall not lead to a significant increase In the amount of harmful sludge. S. Limit values for emissions containing harmful substances to water and air shall be stated in special permits. 6. industrial plants and other point sources connected to municipal treatment plants shall use Best Available Technology in order to avoid hazardous substances which cannot be made harmless in the municipal sewage treatment plant or which may disturb the processes in the plant. In addition, measures according to Best Environmental Practice shall be taken. 7. Pollution from fish farming shall be prevented and eliminated by promoting and implementing Best Environmental Practice and Best Available Technology. S. Pollution from diffuse sources, including agriculture, shall be eliminated by promoting and implementing Best Environmental Practice. 9. Pesticides used shall comply with the criteria established by the Commission. Regulation 3; Principles for issuing permits for industrial plants The Contracting Parties undertake to apply the following principles and procedures when issuing the permits referred to in article 6, paragraph 3, of this Convention. 1. The operator of the industrial plant shall submit data and Information to the appropriate national authority using a form of application. It is recommended that the operator negotiate with the appropriate national authority concerning the data required for the application before submitting the application to the authority (agreement on the scope of required information and surveys). At least the following data and information shall be included in the application: General information - site of discharge and/or emission; - type of production, amount of production and/or processing; - production processes; - type and amount of raw materials, agents and/or intermediate products; - amount and quality of untreated wastewater and raw gas from all relevant sources (e.g. process water, cooling water); - treatment of wastewater and raw gas with respect to type, process and efficiency of pretreatment and/or final treatment; - treated wastewater and raw gas with respect to amount and quality at the outlet of the pretreatment and/or final treatment facilities; - amount and quality of solid and liquid wastes generated during the process and the treatment of wastewater and raw gas; - treatment of solid and liquid wastes; - information about measures to prevent process failures and accidental spills; - present status and possible impact on the environment. Alternatives and their various impacts concerning, e.g., ecological economic and safety aspects, if necessary - other possible production processes; - other possible raw materials, agents and/or intermediate products; - other possible treatment technologies. 2. The appropriate national authority shall evaluate the present status and potential impact of the planned activities on the environment. 3. The appropriate national authority issues the permit after comprehensive assessment with special consideration of the above-mentioned aspects. At least the following shall be laid down in the permit: - characterizations of all components (e.g. production capacity) which influence the amount and quality of discharge and/or missions; - limit values for amount and quality (load and/or concentration) of direct and indirect discharges and emissions; - instructions concerning - construction and safety; - production processes and/or agents; - operation and *maintenance of treatment facilities recovery of materials and substances and waste disposal; type and extent of control to be performed by the operator (self- control); measures to be taken in case of process failures and accidental spills; analytical methods to be used; schedule for modernization, retrofitting and investigations done by the operator; schedule for reports of the operator on monitoring and/or self- control, retrofitting and investigation measures. 4. The appropriate national authority or an independent institution authorized by the appropriate national authority shall: - inspect the amount and quality of discharges and/or emissions by sampling and analysing; - control the attainment of the permit requirements; - arrange monitoring of the various impacts of wastewater discharges and emissions into the atmosphere; - review the permit when necessary. ANNEX IV Prevention of po1lution from ships Regulation 1; Cooperation The Contracting Parties shall, in matters concerning the protection of the Baltic Sea Area from pollution by ships, cooperate (a) within the International Maritime Organization, in particular in promoting the development of intentional rules, based, inter alia, on the fundamental principles and obligations of this Convention, which also includes the promotion of the use of Best Available Technology and Best Environmental Practice as defined in Annex II; (b) in the effective and harmonized implementation of rules adopted by the International Maritime organization. Regulation 2; Assistance in investigations The Contracting Parties shall, without prejudice to article 4, paragraph 3, of this Convention, assist each other as appropriate in investigating violations of the existing legislation on anti-Pollution measures, which have occurred or are suspected to have occurred within the Baltic Sea Area. This assistance may include but is not limited to inspection by the competent authorities of oil record books, cargo record books, logbooks and engine logbooks and taking oil for analytical identification purposes. Regulation 3; Definitions For the purposes of this Annex: 1. "Administration" means the Government of the Contracting Party under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms and exploitation of the seabed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned. 2. (a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; (b) "Discharge" does not include: (i) dumping within the meaning of the convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter done at London on 29 December 1972; or (ii) release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of seabed mineral resources; or (iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control. 3. The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with international law. 4. The term "jurisdiction" shall be interpreted in accordance with international law in force at the time of application or interpretation of this Annex. 5. The term "MARPOL 73/78" means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto. Regulation 4; Application of the Annexes of MARPOL 73/78 Subject to Regulation 5 the Contracting parties shall apply the provisions of the Annexes of MARPOL 73/78. Regulation 5; Sewage The Contracting Parties shall apply the provisions of paragraphs A to D and F and G of this Regulation on discharge of sewage from ships while operating in the Baltic sea Area. A. Definitions For the purposes of this Regulation: 1. "Sewage" means: (a) drainage and other wastes from any form of toilets, urinals, and WC scuppers; (b) drainage from medical premises (dispensary, sick bay, etc.).via wash-basins, washtubs and scuppers located in such premises; (c) drainage from spaces containing living animals; or (d) other wastewaters when mixed with the drainages defined above. 2. "Holding tank" means a tank used for the collection and storage of sewage. B. Application The provisions of this Regulation shall apply to: (a) ships of 200 tons gross tonnage and above; (b) ships of less than 200 tons gross tonnage which are certified to carry more than 10 persons; (c) ships which do not have a measured gross tonnage and are certified to carry more than 10 persons. C. Discharge of sewage 1. Subject to the provisions of paragraph D of this Regulation, the discharge of sewage into the sea is prohibited, except when: (a) the ship is discharging comminuted and disinfected sewage using a system approved by the Administration at a distance of more than 4 nautical miles from the nearest land, or sewage which is not comminuted or disinfected at a distance of more than 12 nautical miles from the nearest land, provided that in any case the sewage that has been stored in holding tanks shall not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots; or (b) the ship has in operation a sewage treatment plant which has been approved by the Administration, and (i) the test results of the plant are laid down in a document carried by the ship; (ii) additionally, the effluent shall not produce visible floating solids in, nor cause discolouration of the surrounding water. 2. When the sewage is mixed with wastes or wastewater having different discharge requirements, the more stringent requirements shall apply. D. Exceptions Paragraph C of this Regulation shall not apply to: (a) the discharge of sewage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or (b) the discharge of sewage resulting from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage for the purpose of prevention or minimizing the discharge. E. Reception facilities Bach Contracting Party undertakes to ensure the provision of facilities at its ports and terminals of the Baltic Sea Area for the reception of sewage, without causing undue delay to ships, adequate to meet the needs of the ships using them. 2. To enable pipes of reception facilities to be connected with the ship's discharge pipeline, both lines shall be fitted with a standard discharge connection in accordance with the following table: STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS Description Dimension Outside diameter 210 mm Inner diameter According to pipe outside diameter, Bolt circle diameter 170 mm Slots in flange 4 holes 18 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 18 mm Flange thickness 16 mm Bolts and nuts: 4, each of 16 mm in diameter and of quantity and diameter suitable length The flange is designed to accept pipes up to a maximum internal diameter of 100 m and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 6 kg/cm. For ships having a moulded depth of 5 Notes and less, the inner diameter of the discharge connection may be 38 millimetres. F. surveys 1. Ships which are engaged in international voyages in the Baltic Sea Area shall be subject to surveys as specified below: (a) An initial survey before the ship in put into service or before the Certificate required under paragraph G of this Regulation is issued for the first time including a survey of the ship which shall be such as to ensure that: (i) when the ship is equipped with a sewage treatment plant the plant shall meet operational requirements based on the standards and test methods recommended by the Commission and shall be approved by the Administration; (ii) when the ship is fitted with a system to comminute and disinfect the sewage, such system shall meet operational requirements based on the standards and test methods recommended by the Commission and shall be approved by the Administration; (iii) when the ship is equipped with a holding tank the capacity of such tank shall be to the satisfaction of the Administration for the retention of all sewage, having regard to the operation of the ship, the number of persons on board and other relevant factors. The holding tank shall meet operational requirements based on the standards and test methods recommended by the Commission and shall be approved by the Administration; and (iv) the ship is equipped with a pipeline to discharge sewage to a reception facility. The pipeline should be fitted with a standard shore connection in accordance with paragraph E, or for ships in dedicated trades, alternatively with other standards which can be accepted by the Administration such as quick connection couplings. This survey shall be such as to ensure that equipment, fittings, arrangements and materials fully comply with the applicable requirements of this Regulation. The Administration shall recognize the "Certificate of Type Test" for sewage treatment plants issued under the authority of other Contracting Parties. (b) Periodical surveys at intervals specified by the Administration but not exceeding five years which shall be such as to ensure that the equipment, fittings, arrangements and materials fully comply with the applicable requirements of this Regulation. 2. Surveys of the ship as regards enforcement of the provisions of this Regulation shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. In every case the Administration concerned fully guarantees the completeness and efficiency of the surveys. 3. After any survey of the ship has been completed, no significant change shall be made in the equipment, fittings, arrangements, or material covered by the survey without the approval of the Administration, except direct replacement of such equipment or fittings. G. Certificate 1. A Sewage Pollution Prevention Certificate shall be issued to ships certified to carry more than 50 persons which are engaged in international voyages in the Baltic Sea Area, after survey in accordance with the provisions of paragraph F of this Regulation. 2. Such Certificate shall be issued either by the Administration or by any person or organization duly authorized by it. In every case the Administration assumes full responsibility for the Certificate. 3. The Sewage Prevention Certificate shall be drawn up in a form corresponding to the model given in the appendix to Annex IV of MARPOL 73/78. if the language is not English, the text shall not exceed five years. 5. A Certificate shall cease to be valid if significant alterations have taken place in the equipment, fittings, arrangements or materials required without the approval of the Administration, except the direct replacement of such equipment or fittings. ANNEX V Exemptions from the general prohibition of dumping of waste and other matter in the Baltic Sea Area Regulation 1 In accordance with article 11, paragraph 2, of this Convention the prohibition of dumping shall not apply to the disposal at sea of dredged materials provided that: (a) the dumping of dredged material containing harmful substances indicated in Annex I is only permitted according to the guidelines adopted by the Commission; and (b) the dumping is carried out under a prior special permit issued by the appropriate national authority, either (i) within the area of internal waters and the territorial sea of the Contracting Party; or (ii) outside the area of internal waters and the territorial sea, whenever necessary after prior consultations in the Commission. When issuing such permits the Contracting Party shall comply with the provisions in Regulation 3 of this Annex. Regulation 2 1. The appropriate national authority referred to in article 11, para- graph 2, of this Convention shall: (a) issue the special permits provided for in Regulation I of this Annex; (b) keep records of the nature and quantities of matter permitted to be dumped and the location, time and method of dumping; (c) collect available information concerning the nature and quantities of matter that has been dumped in the Baltic Sea Area recently and up to the coming into force of this Convention, provided that the dumped matter in question could be liable to contaminate water or organisms in the Baltic Sea Area, to be caught by fishing equipment, or otherwise to give rise to harm, and information concerning the location, time and method of such dumping. 2. The appropriate national authority shall issue special permits in accordance with Regulation 1 of this Annex in respect of matter intended for dumping in the Baltic Sea Areas (a) loaded in its territory; (b) loaded by a ship or aircraft registered in its territory or flying its flag, when the loading occurs in the territory of a State which is not a Contracting Party to this Convention. 3. Each Contracting Party shall report to the Commission, and where appropriate to other Contracting Parties, the information specified in sub- paragraph 1 (c) of Regulation 2 of this Annex. The procedure to be followed and the nature of such reports shall be determined by the Commission. Regulation 3 When issuing special permits according to Regulation 1 of this Annex the appropriate national authority shall take into account: (a) the quantity of dredged material to be dumped; (b) the content of harmful substances as referred to in Annex I; (c) the location (e.g. coordinates of the dumping area, depth and distance from the coast and its relation to areas of special interest (e.g. amenity areas, spawning, nursery and fishing areas, etc.); (d) the water characteristics, if dumping is carried out outside the territorial sea, consisting of: (i) hydrographic properties (e.g. temperature, salinity, density, profile); (ii) chemical properties (e.g. pH, dissolved oxygen, nutrients); (iii) biological properties (e.g. primary production and benthic animals); the data should include sufficient information on the annual mean levels and seasonal variation of the properties mentioned in this paragraph; and (e) the existence and effects of other dumping which may have been carried out in the dumping area. Regulation 4 Reports made in accordance with article 11, paragraph 5, of this Convention shall include the information to be provided in the Reporting Form to be determined by the Commission. ANNEX VI Prevention of Pollution from offshore-activities Regulation 1; Definitions For the purposes of this Annex: 1. "Offshore activity" means any exploration and exploitation of oil and gas by a fixed or floating offshore installation or structure, including all associated activities thereon; 2. "Offshore unit" means any fixed or floating offshore installation or structure engaged in gas or oil exploration, exploitation or production activities, or loading or unloading of oil; 3. "Exploration" includes any drilling activity but not seismic investigations; 4. "Exploitation" includes any production, well testing or stimulation activity. Regulation 2; Use of Best Available Technology and Best Environmental Practice The Contracting Parties undertake to prevent and eliminate pollution from offshore activities by using the principles of Best Available Technology and Beat Environmental Practice as defined in Annex II. Regulation 3; Environmental impact assessment and monitoring 1. An environmental impact assessment shall be made before an offshore activity is permitted to start. In case of exploitation referred to in Regulation 5 the outcome of this assessment shall be notified to the Commission before the offshore activity is permitted to start. 2. In connection with the environmental impact assessment, the environmental sensitivity of the sea area around a proposed offshore unit should be assessed with respect to the following: (a) the importance of the area for birds and marine mammals; (b) the importance of the area as fishing or spawning grounds for fish and shellfish, and for aquaculture; (c) the recreational importance of the area; (d) the composition of the sediment measured as: grain size distribution, dry matter, ignition loss, total hydrocarbon content, and Ba, Cr, Pb, Cu, Hg and Cd content; (e) the abundance and diversity of benthic fauna and the content of selected aliphatic and aromatic hydrocarbons. 3. In order to monitor the consequent effects of the exploration phase of the offshore activity studies, at least those referred to in subparagraph (d) and (e) above shall be carried out before the operation, at annual intervals during the operation, and after the operation has been concluded. Regulation 4; Discharges on the exploration phase 1. The use of oil-based drilling mud or muds containing other harmful substances shall be restricted to cases where it is necessary for geological, technical or safety reasons and only after prior authorization by the appropriate national authority. In such cases appropriate measures shall be taken and appropriate installations provided in order to prevent the discharge of such muds into the marine environment. 2. Oil-based drilling muds and cuttings arising from the use of oil-based drilling muds should not be discharged in the Baltic Sea Area but taken ashore for final treatment or disposal in an environmentally acceptable manner. 3. The discharge of water-based mud and cuttings shall be subject to authorization by the appropriate national authority. Before authorization the content of the water-based mud must be proven to be of low toxicity. 4. The discharge of cuttings arising from the use of water-based drilling mud shall not be permitted in specifically sensitive parts of the Baltic Sea Area such as confined or shallow areas with limited water exchange and areas characterized by rare, valuable or particularly fragile ecosystems. Regulation 5; Discharges on the exploitation phase In addition to the provisions of Annex IV the following provisions shall apply to discharges: (a) All chemicals and materials shall be taken ashore and may be discharged only exceptionally after obtaining permission from the appropriate national authority in each individual operation; (b) The discharge of production water and displacement water is prohibited unless its oil content is proven to be less than 15 mg/l measured by the methods of analysis and sampling to be adopted by the Commission; (c) if compliance with this limit value cannot be achieved by the use of Best Environmental Practice and Best Available Technology the appropriate national authority may require adequate additional measures to prevent possible pollution of the marine environment of the Baltic Sea Area and allow, if necessary, a higher limit value which shall, however, be as low as possible and in no case exceed 40 mg/I; the oil content shall be measured as provided. in subparagraph (b) above. (d) The permitted discharge shall not, in any case, create any unacceptable effects on the marine environment; (e) in order to benefit from the future developments in cleaning and production technology, discharge permits shall be regularly reviewed by the appropriate national authority and the discharge limits shall be revised accordingly. Regulation 6; Reporting procedure Each Contracting Party shall require that the operator or any other person having charge of the offshore unit shall report in accordance with the provisions of Regulation 5.1 of Annex VII of this Convention. Regulation 7; Contingency planning Each offshore unit shall have a pollution emergency plan approved in accordance with the procedure established by the appropriate national authority. The plan shall contain information on alarm and communication systems, organization of response measures, a list of pre-positioned equipment and a description of the measures to be taken in different types of pollution incidents. Regulation 8; Disused offshore units The Contracting Parties shall ensure that abandoned, disused offshore units and accidentally wrecked offshore units are entirely removed and brought ashore under the responsibility of the owner and that disused drilling wells are plugged. Regulation 9; Exchange of information The Contracting Parties shall continuously exchange information through the Commission on the location and nature of all planned or accomplished offshore activities and on the nature and amounts of discharges as well as on contingency measures that are undertaken. ANNEX VII Response to pollution incidents Regulation 1; General provisions 1. The Contracting Parties undertake to maintain the ability to respond to pollution incidents threatening the marine environment of the Baltic Sea Area. This ability shall include adequate equipment, ships and manpower prepared for operations in coastal waters as well as on the high sea. 2. (a) In addition to the incidents referred to in article 13, the Contracting Party shall also notify without delay those pollution incidents occurring within its response region which affect or are likely to affect the interests of other Contracting Parties. (b) In the event of a significant pollution incident other Contracting Parties and the Commission shall also be informed as soon as possible. 3. The Contracting Parties agree that, subject to their capabilities and the availability of relevant resources, they shall cooperate in responding to pollution incidents when the severity of such incidents so justifies. 4. In addition the Contracting Parties shall take other measures to: (a) conduct regular surveillance outside their coastlines; and (b) otherwise cooperate and exchange information with other Contracting Parties in order to improve the ability to respond to pollution incidents. Regulation 2; Contingency planning Each Contracting Party shall draw up a national contingency plan and in cooperation with other Contracting Parties, as appropriate, bilateral or multilateral plans for a joint response to pollution incidents. Regulation 3; Surveillance 1. In order to prevent violations of the existing regulations on prevention of pollution from ships the Contracting Parties shall develop and apply individually or in cooperation, surveillance activities covering the Baltic Sea Area in order to spot and monitor oil and other substances released into the sea. 2. The Contracting Parties shall undertake appropriate measures to conduct the surveillance referred to in paragraph I by using, inter alia, airborne surveillance equipped with remote sensing systems. Regulation 4; Response regions The Contracting Parties shall as soon as possible agree bilaterally or multilaterally on those regions of the Baltic Sea Area in which they shall conduct surveillance activities and take action to respond whenever a significant pollution incident has occurred or is likely to occur. Such agreements shall not prejudice any other agreements concluded between Contracting Parties concerning the same subject. Neighbouring States shall ensure the harmonization of different agreements. Contracting Parties shall inform other Contracting Parties and the Commission about such agreements. Regulation 5; Reporting procedure 1. (a) Each Contracting Party shall require masters or other persons having charge of ships flying its flag to report w4ithout delay any event on their ship involving a discharge or probable discharge of oil or other harmful substances. (b) The report shall be made to the nearest coastal State and in accordance with the provisions of article 8 and Protocol I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 related thereto (MARPOL 73/78). (c) The Contracting Parties shall request masters or other persons having charge of ships and pilots of aircraft to report without delay and in accordance with this system on significant spillages of oil or other harmful substances observed at sea. Such reports should as far as possible contain the following data: time, position, wind and sea conditions, and kind, extent and probable source of the spill observed. 2. The provisions of paragraph 1 (b) shall also be applied with regard to dumping made under the provisions of Article 11, paragraph 4, of this Convention. Regulation 6; Emergency measures on board ships 1. Each Contracting Party shall require that ships entitled to fly its flag have on board a shipboard oil pollution emergency plan as required by and in accordance with the provisions of MARPOL 73/78. 2. Each Contracting Party shall request masters of ships flying its flag or, in case of fixed or floating platforms operating under its jurisdiction, the persons having charge of platforms to provide, in case of a pollution incident and on request by the proper authorities, such detailed information about the ship and its cargo or in case of platform its production which is relevant to actions for preventing or responding to pollution of the sea, and to cooperate with these authorities. Regulation 7; Response measures 1. The Contracting Party shall, when a pollution incident occurs in its response region, make the necessary assessments of the situation and take adequate response action in order to avoid or minimize subsequent pollution effects. 2. (a) The Contracting Parties shall, subject to subparagraph (b), use mechanical means to respond to pollution incidents. (b) chemical agents may be used only in exceptional cases and after authorization, in each individual case, by the appropriate national authority. 3. When such a spillage is drifting or in likely to drift into a response region of another Contracting Party, that Party shall without delay be informed of the situation and the actions that have been taken. Regulation 8; Assistance 1. According to the provisions of paragraph 3 of Regulation I: (a) a Contracting Party is entitled to call for assistance by other Contracting Parties when responding to a pollution incident at sea; and (b) Contracting Parties shall use their best endeavours to bring such assistance. 2. Contracting Parties shall take necessary legal or administrative measures to facilitate: (a) the arrival and utilization in and departure from its territory of ships, aircraft and other modes of transport engaged in responding to a pollution incident or transporting personnel, cargoes, materials and equipment required to deal with such an incident; and (b) the expeditious movement into, through and out of its territory of personnel, cargoes, materials and equipment referred to in subparagraph (a). Regulation 9; Reimbursement of cost of assistance 1. The Contracting Parties shall bear the costs of assistance referred to in Regulation 8 in accordance with this Regulation. 2. (a) If the action was taken by one Contracting Party at the express request of another Contracting Party, the requesting Party shall reimburse to the assisting Party the costs of the action of the assisting Party. If the request is cancelled the requesting Party shall bear the costs already incurred or committed by the assisting Party. (b) If the action was taken by a Contracting Party on its own initiative, this Party shall bear the costs of its action. (c) The principles laid down above in subparagraphs (a) and (b) shall apply unless the Parties concerned otherwise agree in any individual case. 3. Unless otherwise agreed, the costs of the action taken by a Contracting Party at the request of another Party shall be fairly calculated according to the law and current practice of the assisting Party concerning the reimbursement of such costs. 4. The provisions of this regulation shall not be interpreted as in any way prejudicing the rights of Contracting Parties to recover from third parties the costs of actions taken to deal with pollution incidents under other applicable provisions and rules of international law and national or supra- national regulations. Regulation 10; Regular cooperation 1. Each Contracting Party shall provide information to the other Contracting Parties and the Commission about: (a) its organization for dealing with spillages at sea of oil and other harmful substances; (b) its regulations and other matters which have a direct bearing on preparedness and response to pollution at sea by oil and other harmful substances; (c) the competent authority responsible for receiving and dispatching reports of pollution at sea by oil and other harmful substances; (d) the competent authorities for dealing with questions concerning measures for mutual assistance, information and cooperation between the Contracting Parties according to this Annex; and (e) actions taken in accordance with Regulations 7 and 9 of this Annex. 2. The Contracting Parties shall exchange information on research and development programmes, results concerning ways in which pollution by oil and other harmful substances at sea may be dealt with and experiences in surveillance activities and in responding to such pollution. 3. The Contracting Parties shall on a regular basis arrange joint operational combating exercises as well as alarm exercises. 4. The Contracting Parties shall cooperate within the International Maritime Organization in matters concerning the implementation and further development of the International Convention on oil Pollution Preparedness, Response and Cooperation. Regulation 11; HELCOM Combating manual The Contracting Parties agree to apply, as far as practicable, the principles and rules included in the Manual on Cooperation in Combating Marine Pollution, detailing this Annex and adopted by the Commission or by the Committee designated by the Commission for this purpose.