ACT 295 OF 1996
Official Gazette No. 42838 of July 23, 1996
Through which the "Protocol on the Programme for the Regional Study of El Niño is approved in Southeast Pacific ", signed in Puerto Callao, Peru on November 6, 1992. Summary
THE CONGRESS OF THE REPUBLIC DECREES
having regard to the text of the "Protocol on the Programme for the Regional Study of El Niño in the Pacific Southeast" signed in Puerto Callao, Peru on November 6
1992. (to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Responsible Head of the Legal Office of the Ministry of Foreign Affairs is attached).
"PROTOCOL ON REGIONAL STUDY PROGRAM FOR CHILD
PHENOMENON IN SOUTHEAST PACIFIC (ERFEN)"
The Governments of the Member States of the South Pacific Permanent Commission (CPPS), Colombia, Chile , Ecuador, and Peru, duly represented CONSIDERING
That statement of Santiago of 18 August 1952 on the Maritime Zone and the creation of the Permanent Commission of the South Pacific highlighted the importance of the marine environment for development of their peoples and the need for rational exploitation of its resources;
That within the scope of the Southeast Pacific occur recurrently known oceanic-atmospheric phenomena such as El Niño and others significantly affect the economic and social conditions of their peoples, by losses in fish production, agriculture, industry, communications and coastal infrastructure, among others;
That these phenomena also cause positive effects in some sectors of the maritime and terrestrial ecosystems;
That, also, there are opposite conditions El Niño may impact of various kinds, to enhance the development of some resources in the sea, curb or other favor some types of agriculture characteristics;
That the ocean-atmospheric pre-cited changes in its origins and consequences transcend borders and reach coastal countries have global scope;
This circumstance requires international cooperation to understand its mechanisms and to predict the benefit of a forward planning of their economic, social and related effects; That
recurrence El Niño in the Pacific Southeast, with marked socio-economic effects, led in 1974 to the countries of the CPPS to the establishment of the Regional Study Program of El Niño (ERFEN) that works with participation of research institutions in the member countries of CPPS coordination and support of other international organizations;
That the basic goal of ERFEN is to be able to predict ocean-atmospheric changes, enough to allow adaptation policies emergency or to variations in the fishing, agricultural and industrial performance and marketing decisions, resource management advance hidrobiológicos and others;
That ERFEN development program has proven its kindness in the region to generate a coordinated development oceanic and atmospheric sciences and has demonstrated its potential for practical application of forecasting climate variability and fishery resources, and for disaster prediction programs;
That the Ministers of Foreign Affairs of the Member States of CPPS expressed in the "Quito Declaration", signed on December 10, 1987, the "need to strengthen the Regional Study of El Niño as one of the priority activities of regional cooperation, providing it with an appropriate institutional framework, according to the financial resources and complementing it with practical programs that enable countries anticipation and reaction to the presence of natural phenomena of economic and social impact as El Niño ";
Have agreed as follows: ARTICLE 1o
. PROGRAM FEATURES ERFEN.
1. The Parties agree, under this Protocol, to institutionalize and consolidate a comprehensive and multidisciplinary study Regional Program of El Niño (ERFEN) in the fields meteorological, oceanographic (physical and chemical), biological-marine, biological- fishing, training and socio-economic. They seek to obtain results of this integrated program, with practical application.
2. Also they undertake to develop plans Scientists, renewable Action, according to the comprehensive program. Such plans will be implemented in accordance with the objectives and strategies set out in the Program and this Protocol.
. AREA OF APPLICATION.
1. The scope of ERFEN Program is the area of influence of El Niño and other anomalies, both subject to the sovereignty and jurisdiction of States Parties to the sea area two hundred miles, and its continental and insular territories.
2. The Parties will extend the application of this program, outside of this area, according to the requirements of the research of El Niño and other anomalies.
3. The Parties shall consult, through the Executive and Coordinating Unit of this program, arrangements as may be necessary for this purpose with other States, international organizations and programs.
ARTICLE 3. GENERAL OBLIGATIONS. The Parties undertake to each other, under this Protocol, to:
a) To support individually and through bilateral and multilateral cooperation the Regional Study Program of El Niño (ERFEN) and consequently the ocean-atmosphere research and basic climate that relate to changes in the medium and long term as well as the impacts of such changes;
B) To assist in the conclusion and implementation of agreements necessary for the adoption of rules and procedures that allow the broader implementation of this program;
C) Cooperate at the regional level, through National Committees ERFEN in the formulation, adoption and implementation of programs and working methods that allow proper interpretation and application of data and information to be obtained, and
d) Expand efforts to reach, through the specialized institutions in each country to provide scientific, technical and administrative operation of research vessels, infrastructure for research and training program; and support for meetings ERFEN Program.
ARTICLE 4. MONITORING AND PREDICTION OF EL NIÑO AND EVALUATION OF ITS SOCIO-ECONOMIC EFFECTS. To this end, the Parties are equally bound to participate:
a) integrated surveillance activities to which the following article refers: as well as oceanic-climate forecasting and biological-marine studies and fishery biology to detect, early, changes in the composition and abundance of biological communities, and
b) assessment activities and forecast the impacts caused by El Niño and other anomalies in maritime areas and land for the purposes of the relevant socio-economic planning.
The 5th ITEM. INTEGRATED MONITORING. Integrated surveillance basically include the following activities:
a) coordinated seasonal cruises;
B) synoptic observations provided by ships, aircraft and associated fisheries;
C) continuous records of meteorological and oceanographic variables, from fixed stations; records and biological-marine and fishery biology papers from these stations or through other means;
D) Periodic measurements of the thermal structure of the sea, obtained on cruise ships and ships of opportunity;
E) collection and rapid transmission of meteorological and oceanographic information;
F) processing, analysis and rapid dissemination of meteorological and oceanographic data generated by remote sensing international programs, recorded by drifters and satellite telemetry systems;
G) individual biological and communities as indicators of environmental variability and its effects Observations;
H) Records on socio-economic impacts; e
i) rapid exchange of information on indications or conditions linked to El Niño, among the countries of the region and with other countries and international organizations.
ARTICLE 6o. REGIONAL COOPERATION ON OCEAN-CLIMATE PROBLEMS AND ITS EFFECTS.
1. The Parties to this Protocol support, through the respective specialized institutions and its National Committee, implementation and development of integrated research programs and regional cooperation in the Southeastern Pacific on ocean-climate problems and socio-economic effects and related.
2. Likewise, they shall cooperate through the Regional Scientific Committee and the Executive and Coordinating Unit for the implementation and development of such programs in the whole region.
ARTICLE 7. SCIENTIFIC AND TECHNOLOGICAL COOPERATION. Parties to this Protocol shall promote, likewise, through National Committees and the Executive Unit and Coordination activities of scientific and technical cooperation and expansion of national capacities for the management and interpretation of information through of:
a) information and training of personnel;
B) Active participation in the program ERFEN;
C) The exchange of personnel through horizontal cooperation;
D) The joint work of interpretation and application of results;
E) The organization of a system of reference, bibliographic information and data in different fields of expertise;
F) Dissemination of specialized information through the use of electronic means available, and
g) The development of models that allow predictions on the ocean-atmospheric phenomena and their socio-economic and related impacts.
Article 8. EXCHANGE OF INFORMATION.
1. The Parties shall support the exchange of data and information required to develop integrated programs for regional cooperation; as well as surveillance, prediction and assessment of impacts.
2. For these purposes, the Specialized Agencies in each country adopt systems and mechanisms to strengthen the exchange of data and information identified during the meetings of the Regional Scientific Committee as necessary for the fulfillment of ERFEN Programme and its Action Plan.
3. The data and information referred to above, basically comprise the following fields: meteorological data; oceanographic data; information concerning results of research programs; marine biological-biological-fisheries information and alert and effects; Information on damage and disasters caused by oceanic-atmospheric changes in productive activities, both at sea and in the rest of the region affected by the El Niño and other anomalies; results and analysis of oceanic-atmospheric, climatic and other necessary for the fulfillment of the purposes of ERFEN program changes.
4. In accordance with the following article, Program ERFEN exchange meteorological and oceanographic data and relevant information with other international programs engaged in research of El Niño and other ocean-climate variability.
Article 9. GLOBAL COOPERATION WITH CHARACTER AND PROGRAMS ON OTHER ocean-atmosphere interaction.
1. For better development, Program ERFEN cooperate and coordinate its activities with comprehensive programs and other regional or specialized regard to ocean-atmosphere interaction programs.
2. To this end, the Executive and Coordinating Unit shall conclude relevant agreements that subject to the approval of the meeting of the Parties, technical report of the Regional Scientific Committee.
ARTICLE 10. MEETINGS OF THE PARTIES.
1. On the occasion of the Regular Meetings of the Permanent Commission of the South Pacific, and based on the relevant report of the Executive Unit and Coordination, the Parties shall assess the degree of compliance of this Protocol and ERFEN program and adopt resolutions and other measures they deem appropriate for the better implementation of this Protocol and the successful development of the program including standards and other regulations required by the program and its amendments; as well as the corresponding provisions of financial and budgetary order.
2. In addition, the Parties may hold special meetings at the initiative of either, or the Executive Coordinating Unit and in consultation with the Parties.
3. Likewise, the meeting of the Parties adopt the general guidelines and the budget of the Action Plan for ERFEN program and its updates.
4. consensus between the parties is required for the adoption of resolutions and other measures for the ERFEN program.
5. It also requires approval by consensus among the Parties to enter into force the agreements that the 2nd paragraph refers. Article IX of this Protocol.
6. The presidents of the National Committees occasionally meet, convened by the Executive and Coordinating Unit to evaluate the program and make recommendations for better development.
ARTICLE 11. INSTITUTIONAL MECHANISMS.
1. ERFEN program has the following institutional mechanisms for the development of its activities:
a) The Executive and Coordinating Unit (UEC - ERFEN);
B) The Scientific Regional (CCR-ERFEN) Committee;
C) National Committees (CN-ERFEN); and
d) The Specialized Institutions (IE-ERFEN).
2. In addition, they may establish specialized working groups (AWG-ERFEN), in accordance with paragraph b) of paragraph 4 of this article.
ARTICLE 12. EXECUTIVE AND COORDINATION UNIT.
1. Parties up to the General Secretariat of the SPPC in Executive and Program Coordination ERFEN (UEC - ERFEN) Unit.
2. This unit will be under the direct responsibility of the Assistant Secretary General for Scientific Affairs of the CPPS, without prejudice to the powers and responsibilities of the Secretary General, as legal representative and coordinator of all activities of the General Secretariat of the SPPC.
3. The Executive and Coordinating Unit will be mainly responsible for promoting the ERFEN Programme and coordinate its implementation at the regional and international levels.
4. The Executive and Coordinating Unit will play, in particular, the following functions:
a) Convene meetings (CCR-ERFEN) Regional Scientific Committee and others as may be necessary: organize such meetings and activities of the Programme, general;
B) Constitute Specialized Working Groups (GTE-ERFEN) for specific studies, as required by the program and recommendation of the Regional Scientific Committee;
C) Manage international technical and financial cooperation for the implementation of ERFEN program and contract to this effect on behalf of the latter, the corresponding obligations, with the prior settlement of the Parties;
D) Promote the exchange of information and publishing the results of research and program progress in specialized bulletins international circulation;
E) Include your ERFEN report on the program in the memory of the General Secretariat of the SPPC to the Regular Meetings of the Permanent Commission of the South Pacific and in their annual reports to the National Sections of the CPPS, with projects and recommendations case finds it submit to the approval of the Parties for the better implementation of this Protocol and the effective development of this program;
F) transmit to the Parties to the Plan of Action for the ERFEN program, including activities integrated monitoring and evaluation and planning socio-economic and respective updates, prepared by the CCN-ERFEN; and
g) In addition, a report on the implementation of the program at the annual meetings (CCR-ERFEN) Regional Scientific Committee.
ARTICLE 13. Regional Scientific Committee.
1. The Regional Scientific Committee ERFEN (CCR-ERFEN) is a technical body composed of one or more specialists in each of the scientific program components, namely: oceanographic, meteorological, biological-marine and biological-fishing, designated by each one of the parts. Efforts will be made to incorporate specialists in social and economic sciences.
2. The CCR-ERFEN shall be convened by the UEC - ERFEN, once a year or whenever required.
3. The CCR-ERFEN integrate its Board with the President and the Rapporteur that the elect from among its members for each meeting and the Coordinator will be the Assistant Secretary General for Scientific Affairs of the CPPS.
4. The CCR-ERFEN has the following purposes:
a) To prepare and adopt within the general guidelines and budgets approved by the Meeting of the Parties, a renewable Action Plan Program ERFEN with a view to its progressive development and sustained including integrated surveillance activities and assessment and socio-economic planning;
B) Analyze and evaluate the implementation of ERFEN Programme and Action Plan, and recommend to the UEC - ERFEN necessary adjustments;
C) Prepare technical reports on weather, oceanographic, marine and biological-biological-fishing conditions in the area of application of the program and the socio-economic effects of El Niño and other anomalies;
D) exchange knowledge and experience in matters of oceanographic, meteorological research and socio-economic impacts in accordance with Article VIII of this Protocol; and
e) Resolve consultations on matters related to the program that ERFEN made by the Executive and Coordinating Unit.
5. The Action Plan will be deemed approved if within sixty days of its submission to the Parties none of them formulare observations. In the case of comments received, they only apply to the party that formulated. Meanwhile the actions envisaged in the Plan will be implemented.
ARTICLE 14. NATIONAL COMMITTEES.
1. Each Party to this Protocol shall constitute the National Committee for ERFEN (CN-ERFEN) Program with the institutions it deems appropriate for the proper implementation of the program and will keep it to the UEC - ERFEN.
2. Likewise, each Party shall provide its National Committee for institutional and legal framework to ensure stability, continuity and effectiveness of its work and defray the costs of its operation, with its own funds or those who obtain financial and technical cooperation other sources.
3. The National Committee of each country will have an authority, through which establish close coordination, both among the specialized institutions of the respective countries participating in the program (IE-ERFEN), as with the Executive and Coordinating Unit (UEC - ERFEN) .
4. Each National Committee and the UEC - ERFEN make the necessary arrangements for communications that are timely and regularly exchange known by the President of the respective National Section of CPPS.
1. Specialized Institutions (IE-ERFEN), designated in accordance with paragraph 1 of the preceding article, aproyarán conducting research on El Niño and other anomalies and its effects, taking into account the Action Plan developed by the Scientific Committee Regional.
2. To this end, they shall provide the necessary information to the respective National Committee, having a database on research of El Niño and other anomalies for purposes of national and international exchange.
ARTICLE 16. FINANCING.
1. ERFEN program is financed basically with the contributions of each Party and with that obtained from other sources to carry out the respective activities within their jurisdiction, as part of regular operations and investigations.
2. As a financial basis for the operation and activities of the Regional Scientific Committee and the Executive Unit and Coordination, the program has the respective allocations in the budget of the General Secretariat of the SPPC and the corresponding contribution from countries not members of the CPPS becoming party to this program.
3. Also, the program has to develop its activities with the technical and financial participation of other international organizations with responsibilities for activities related to this program; as well as contributions and donations as may be provided from other sources.
4. Especially, the Executive and Coordinating Unit will deploy, with the support of the parties, the necessary steps for the United Nations Development Programme (UNDP), the Intergovernmental Oceanographic Commission of Unesco (IOC-UNESCO), and World Meteorological organization (WMO) continue to cooperate and support the implementation of ERFEN Program and Regional Scientific Committee meetings.
5. The Executive and Coordinating Unit will manage the cooperation and support of other countries and international organizations for the development of program activities.
PARTIES ARTICLE 17. Parties to this Protocol signatory ratifying States and States adhere to it.
ARTICLE 18. RATIFICATION AND EFFECTIVE.
1. This Protocol shall be subject to approval and ratification of its signatories.
2. It shall enter into force sixty days after the deposit of the third instrument of ratification and, on the fourth ratifying, also sixty days after the deposit of its instrument of ratification.
ARTICLE 19. AMENDMENTS.
1. Any of the Parties to this Protocol may at any time amendments thereto.
2. The proposed amendments will be communicated through the General Secretariat of the SPPC to the other Parties for consideration by a plenipotentiary conference convened by it, at the request of either Party.
3. For the adoption of amendments required unanimity of the Parties.
4. Amendments are subject to ratification and shall enter into force sixty days after three signatory of this Protocol have deposited their instruments of ratification. For the Party or Parties ratifying subsequently amended Protocol will enter so the same effect sixty days after the deposit of its instrument of ratification.
ARTICLE 20. ACCESSION.
1. This Protocol is open to accession by other States, in the unanimous invitation of the Parties.
2. Prior to the invitation, the acceding State agree, through the UEC - ERFEN, in consultation with the Parties, the financial contribution corresponds in the program.
3. Accession shall be effected by deposit of the respective instrument in the General Secretariat of the SPPC, which shall communicate it to the Parties.
4. This Protocol shall enter into force for the State acceding to sixty days after the deposit of its instrument.
ARTICLE 21. RESERVATIONS. This Protocol does not accept bookings.
ARTICLE 22. DENUNCIATION.
1. This Protocol may be denounced by any of the parties after two years of its term for the complainant Party.
2. Denunciation shall be effected by written notice to the depositary which shall notify the other Parties notification.
3. Denunciation shall take effect one year after notification.
ARTICLE 23. DEPOSITARY.
1. The General Secretariat of the Permanent Commission of the South Pacific is the depositary of this Protocol and its amendments, and their instruments of ratification, accession and denunciation.
2. The depositary will distribute to Parties the authentic text of this Protocol and its amendments and registered with the Secretariat of the United Nations.
ARTICLE 24. TRANSITIONAL PROVISIONS.
1. Program ERFEN continue to develop in accordance with the rules and the structure that currently govern until this Protocol enters into force.
2. and it will continue running the agreements and projects to this program in the current development, concluded by the CPPS with other international organizations.
3. The UEC - ERFEN manage for them adjustments that might require better execution of the program with the duration of this Protocol.
In witness whereof, the plenipotentiaries
duly authorized by their respective Governments, have signed this Protocol
aboard the research vessel
Peruvian scientific "Humboldt" in the Port of Callao,
six November in 1992.
For the Government of Colombia,
FINCH JAIME LOPEZ,
For the Government of Chile,
MARIO Cademartori INVERNIZZI,
For the Government of Ecuador, MENTOR
For the Government of Peru,
ALFONSO ARIAS-SCHREIBER P.,
Is a faithful copy of the original that is deposited in the
General Secretariat of the CPPS. Santiago, 25 May 1993.
The Under-Secretary General for Legal Affairs of the CPPS,
TEODORO BUSTAMANTE MUÑÓZ.
The undersigned Chief Officer
Legal Office of the Ministry of Foreign Affairs,
That this reproduction is faithful copy of the certificate text of the Protocol on the Programme for the Regional Study of the Phenomenon " Children in the Southeast Pacific ", signed in Puerto Callao, Peru, on 6 November 1992. Given
in Santa Fe, DC, on the twenty (23) days of
March 1990 and five (1995).
The Head of the Legal Office (E)., SONIA
EXECUTIVE BRANCH PUBLIC POWER PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, March 27, 1995. Approved
. Submit to the consideration of the honorable
National Congress for constitutional purposes.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA. DECREES
ITEM 1A. Approval of the Protocol on the Programme for the Regional Study of El Niño in the Pacific Southeast, signed in Puerto Callao, Peru on November 6, 1992.
ARTICLE 2A. In accordance with article 1. 7a Act. 1944, the Protocol on the Programme for the Regional Study of El Niño in the Pacific Southeast, signed in Puerto Callao, Peru on November 6, 1992, that article 1. of this Act is approved, it will force the country from the date the international link regarding the same is perfected.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
Republic of Colombia - National Government.
Communication and publication. Run
prior review by the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on July 16, 1996.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of National Defense Juan Carlos Esguerra Portocarrero
The Minister of Environment, José Vicente MOGOLLÓN