The Government of the Republic of Bulgaria, the Government of Georgia, the Government of Romania, the Government of the Russian Federation, the Government of the Republic of Turkey, the Government of Ukraine, hereinafter referred to as "Parties",
Recalling the objectives and the relevant provisions of the International Convention on Maritime Search and Rescue of 1979,
Recognizing that a high level of co-operation among Black Sea Coastal States is necessary to establish a maritime search and rescue (SAR) plan in the region, as part of the international plan,
Recognizing also that aeronautical SAR services are provided by the Parties in conformity with the Convention on International Civil Aviation of 1944,
Recognizing the urgent need to establish bilateral and/or multilateral agreements or arrangements for the provision and co-ordination of SAR services and co-operation among the Black Sea Coastal Slates, to expedite the efficient conduct of SAR operations and to bring these to the attention of the International Maritime Organization (IMO),
have agreed as follows:
APPLICATION
Article 1
This Agreement applies to the co-operation among the Parties in respect of maritime SAR services within the Black Sea.
The competent authorities of each Party in which practical implementation of this Agreement is vested are listed in Annex 1 of this Agreement. The Parties will inform each other if and when any change occurs to their respective competent authorities.
JURISDICTION
Article 2
Nothing in this Agreement shall affect in any way the rights and obligations of a Party, arising from other bilateral and/or multilateral international agreements to which they are a Party.
TERMINOLOGY
Article 3
For the purpose of this Agreement the terms and definitions contained in Chapter 1 of the Annex to the International Convention on Maritime Search and Rescue of 1979, shall be applicable.
ALERTING
Article 4
In the case of a Rescue Co-ordination Centre (RCC) of any Party requesting assistance in conducting SAR, the RCC which receives such a request shall immediately acknowledge and respond to the request within its best capabilities.
CO-ORDINATION AND CO-OPERATION
Article 5
Search and Rescue Regions (SRRs) shall be established by bilateral and/or multilateral agreements between Parties. The Parties will inform each other about the conclusion of such agreements. Until SRRs are established, Parties shall carry out SAR services through co-ordination and co-operation either jointly or according to the principle of early arrival on scene where SAR activity will take place. The implementation of a SAR operation by a Party in a given area shall not give that Party any rights or privileges in relation to that area hi the future.
The delimitation of SRRs is not related to and shall not prejudice the delimitation of any boundary between the Black Sea Coastal States.
Parties shall ensure the closest practicable co-ordination between maritime and aeronautical SAR services so as to provide for the most effective and efficient SAR services in and over the SRRs to be established in accordance with Paragraph 1 of this article.
ADMISSION
Article 6
Unless otherwise agreed between the Parties concerned, a Party should authorize, subject to its applicable national laws, rules and regulations, immediate entry into or over its territorial sea or territory of rescue units of other Parties solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties. In such case, SAR operations shall, as far as practicable, be co-ordinated by the appropriate RCC of the Party which has authorized entry, or such other authority as has been designated by that Party.
A rescue unit of a Party, having received permission for access into or over its territorial sea or territory of another Party must observe the directions of the SAR service of that Party and promptly establish communications with this service.
EXCHANGE OF INFORMATION
Article 7
Parties shall exchange information on the location of SAR units and equipment, performance characteristics and availability and may also exchange operation plans and lists of actions to be taken to deal with different kinds of distress incidents.
EXERCISES
Article 8
Parties shall jointly decide to arrange a maritime SAR exercise or exercises based on simulated incidents so as to train their SAR organizations in working together and with the participation of aeronautical SAR organizations if deemed necessary.
MEETING OF REPRESENTATIVES
Article 9
Representatives of the competent authorities of the Parties shall meet as necessary and at least once a year to develop co-operation and the exchange of information and experience.
The Parties shall hold regional conferences as necessary to maintain efficient operational co-ordination of SAR services in the region.
LANGUAGE
Article 10
During joint SAR operations, exercises and meetings, the working language shall be English.
FINANCIAL PROVISION
Article 11
Each Party undertakes to pay its own costs arising from the implementation of this Agreement.
ACCESSION
Article 12
This Agreement is open for signature of the Black Sea Coastal States.
ENTRY INTO FORCE
Article 13
This Agreement shall enter into force thirty days after the receipt by the Depository of the sixth instrument of ratification.
AMENDMENT
Article 14
Amendment proposals to this Agreement shall be submitted by any Party hereto in a written form to the Depository of the Agreement. The Depository shall circulate this proposal to all Parties.
If within three months after the proposal is circulated none of the Parties notifies the Depository in a written form that the amendment proposal is unacceptable for them the amendment is considered as adopted. In case of disagreement with the proposal circulated, the Parties should inform the Depository whether they are in favour of convening a Conference of the Parties to discuss the amendment proposal in question. The Depository shall then promptly convene a Conference of the Parties if a two-thirds majority of the Parties have agreed to do so. The Conference of the Parties shall adopt any amendment brought to its consideration by consensus. The amendment shall enter into force in accordance with the procedure stipulated in Article 13 of this Agreement.
PERIOD AND PROCEDURE OF WITHDRAWAL
Article 15
This Agreement shall remain in force for an indefinite period of time.
Unless a later period is specified, Parties may withdraw from this Agreement after 12 months following their notification to the Depository about their intention.
Depository shall inform other Parties about this notification and, before the withdrawal becomes effective, shall convene a Conference of the Parties to discuss future course of action to be pursued.
STATUS OF THE ANNEXES
Article 16
The Annexes to this Agreement shall constitute an integral part of the Agreement and a reference to this Agreement constitutes at the same time a reference to its Annexes.
DEPOSITORY
Article 17
The Depository of this Agreement shall be the Government of the Republic of Turkey.
Done at Ankara on the 27th of November of the year 1998, in a single original in the English language.
The Depository shall provide the Parties and the Secretary General of the IMO with certified copies of this Agreement.
ANNEX 1
MARITIME ADMINISTRATIVE AUTHORITIES OF EACH PARTY
The Republic of Bulgaria: Ministry of Transport Georgia: Maritime Administration of the Ministry of Transport of Georgia Romania: Ministry of Transport The Russian Federation: The Maritime Administration of the Ministry of Transport of the Russian Federation The Republic of Turkey: Prime Ministry, Undersecretariat for Maritime Affairs Ukraine: Ministry of Transport