Kiri

MEMBER STATES INCIDENT RESPONSE CONTRACT - EQUIPMENT 0. DEFINITIONS In this IRC-E, save where the context otherwise requires, the following terms shall have the meaning set forth below: 1. Contract Form: The form attached to this Incident Response Contract as annex 4. 2. Contracting Party: The Requesting Party, on the one hand, and the Contractor, on the other hand, collectively the Contracting Parties. 3. Contractor: person or persons stated in Box B.1 jointly and severally liable vis-à-vis the Requesting Party for the performance of this Incident Response Contract-Equipment. The Contractor has been awarded by EMSA the service Contract for Equipment Assistance Service following a public procurement procedure based on Directive 2014/24/EC of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. This IRC-E was part of the tender documentation. 4. Day(s): Calendar day(s) of 24 hours. 1 5. Dispersant: Approved oil dispersant when available at the Equipment and/or dispersant storage location and if so chosen by the Requesting Party as per the option and quantity stated in Box A.2 of the Contract Form. If Box A.2 is left blank the Contractor is not obliged to provide Dispersant. 6. EMSA: The European Maritime Safety Agency. 7. Equipment: the specialised equipment items stated in Box A.1 of the Contract Form as chosen by the Requesting Party and which the Contractor shall make available to the Requesting Party at the Place of Handover as stated by the Requesting Party in Box C.4. 8. Handover/redelivery statement: Equipment and/or Dispersant inventory list to be signed by the Contractor and the Requesting Party upon handover and redelivery of the Equipment and/or Dispersant attached as annex 3. 9. Equipment and/or dispersant storage location: place(s), usually the Contractor’s warehouse(s), as stated in Box B.3 where the Equipment and/or Dispersant are stored and from where the Equipment and/or Dispersant should be mobilised and loaded for transportation by the Contractor. 10. IRC-E: This Incident Response Contract-Equipment. 11. Notice of Delivery: Notice sent by the Contractor to the Requesting Party when the Equipment and if so chosen by the Requesting Party in Box A.3 technical support personnel and/or Dispersant have arrived at the Place of Handover as per Box C.4. 12. Notice of Dispatch: Notice sent by the Contractor to the Requesting Party and to the OSC or its nominee confirming that the Equipment and/or the Dispersant is en route to the Place of Handover and indicating the earliest possible date and time for delivery at the Place of Handover. The Notice of Dispatch shall also indicate the Estimated Time of Arrival of the technical support personnel if the Requesting Party has requested technical support personnel as per Box A.3. 13. Notice of Ending Operational Activities: Notice sent by the Requesting Party or by the OSC or its nominee to the Contractor indicating the date and time as from which the Equipment shall 1 Normally type 3 dispersant. Page 1 of 16  cease all activities. The Equipment shall then be redelivered clean and in good working condition at the Place of Redelivery stated in Box C.4. 14. Notice of Redelivery: Notice sent by the Requesting Party, the OSC or its nominee to the Contractor at the arrival of the Equipment and/or the Dispersant at the Place of Redelivery as per Box C.4. 15. Oil or other pollutant: Petroleum in any form including crude oil, fuel oil, residual oil, bunker oil, sludge, oil refuse and refined products, as well as any vegetable based products or other type of dispersible oil. 16. Oil spill: The incident which led to the services of the Contractor being requested by the Requesting Party. 17. On Scene Commander (OSC): A person so called or whoever may for the purpose of this IRC- E be considered as equivalent thereto appointed by the Requesting Party to assume the operational control of oil recovery and/or Dispersant spraying operations. The OSC is authorised to delegate one or more tasks to one or more nominees. 18. Place of Handover: The place with easy access by truck stated by the Requesting Party in Box C.4 where the Equipment and/or Dispersant can be delivered to the Requesting Party and where the Contractor will report upon arrival of the Equipment and/or Dispersant. 19. Place of Redelivery: The place indicated in Box C.4 where the Equipment shall be redelivered by the Requesting Party to the Contractor on the expiration or early termination of this Incident Response Contract clean and in working condition. 20. Requesting Party: persons or persons stated in Box C.1. Public body representing the Requesting State to which the Contractor agrees to render the services. 21. Technical support personnel: Contractor’s personnel engaged in the services and duties if this option has been chosen by the Requesting Party in Box A.3 to support Equipment Handover. 22. Time: UTC. Any reference to time in this contract should be understood as UTC. The Requesting Party of Box C.1, on behalf of the Requesting State, which is represented for the purposes of the signature of this contract by the Person identified in Box D.2, hereinafter referred to as the “Requesting Party”, on one side and the person(s) of Box B.1, represented for the purposes of the signature of this Incident Response Contract by the person (s) identified in Box D.1, hereinafter referred to as the “Contractor” on the other side Page 2 of 16  HAVE AGREED: that the Contractor shall provide the Equipment as referred to in Box A.1 and if so chosen by the Requesting Party in Box A.3 technical support personnel and/or the type and quantity of Dispersant as referred to in Box A.2, to the Requesting Party under the terms and conditions of this Incident Response Contract-Equipment, hereinafter referred to as the Contract. I. SERVICES I.1. The Requesting Party and the Contractor may reach agreement and sign a contract using only the Contract Form (as attached). The provisions of this contract are pre-fixed and known to both and will equally apply to them. I.2. Contractor to provide: Under this IRC-E the Contractor shall: a) Have the Equipment and/or Dispersant ready for dispatch within 12 hours from the time and date when the Requesting Party sends the signed Contract Form to the Contractor; b) Send Notices of Dispatch and of Delivery to the Requesting Party, the OSC or his/her nominee for the requested operation; c) Arrange and bear responsibilities and risks of transportation by road of the Equipment stated in Box A.1 to and from the Place of Handover stated by the Requesting Party in Box C.4 promptly and with due care as well as with utmost despatch; d) Make available the Equipment for the period the Requesting Party deems necessary given the Oil Spill incident circumstances without prejudice to the Requesting Party’s right to notify the end of the activities under this Contract in accordance with article II.2; e) Make available the number of technical support personnel as chosen by the Requesting Party in Box A.3. If Box A.3 is left blank the Contractor is not obliged to provide technical support personnel; f) Arrange and bear responsibilities and risks of transportation of the type and quantity of Dispersant stated in Box A.2 from its storage location stated in Box B.3 to the Place of Handover and back from the Place of Handover of any remaining Dispersants. I.3. Requesting Party to provide: Under this IRC-E the Requesting Party shall: a) Acknowledge in due time the receipt of the Notices of Dispatch and Delivery sent by the Contractor; b) Unload the Equipment and/or Dispersant from the arriving mean of transport at the Place of Handover and load the Equipment and/or any remaining Dispersants on the collecting mean of transport at the Place of Redelivery and bear all associated responsibilities and risks; c) Arrange and bear responsibilities and risks of transportation of Equipment and/or Dispersant from the Place of Handover to the Oil spill site; d) Arrange and bear responsibilities and risks of transportation of Equipment and/or any remaining Dispersant back to the Place of Redelivery; e) Co-operate with the Contractor to ensure that all authorisations, permit, clearances, licences required under the national laws and regulations in force at the place where the Equipment and/or Dispersant have to be handed over and technical support personnel has to perform the required duties have been obtained; f) Ensure Equipment protection and preservation as from the date and time of Handover until the date and time of Redelivery as stated in the Handover/redelivery statement; g) Ensure Equipment routine maintenance, running repair; Page 3 of 16 h) Provide and bear the costs of all fuel and lubricating oil consumed by the Equipment as from its handover to the Requesting Party by the Contractor until redelivery to the Contractor; i) Ensure that all risks insurance cover is provided for Equipment against any loss or damage, theft or liability from the time the Equipment is delivered to the Requesting Party by the Contractor until redelivery of the Equipment to the Contractor by the Requesting Party at the Place of Redelivery. For insurance purposes the equipment net value is stated in Box A.1; j) Ensure security and safety to the technical support personnel; k) Safe working environment in accordance with applicable laws, regulations and policies at the place where the technical support personnel has to perform duties, l) Facilitate customs clearance, immigration when applicable; m) Send Notices of Ending of Operational Activities and of Redelivery to the Contractor; n) Redeliver the equipment clean and in working condition. I.4. Hand over of equipment The Contractor will deliver to the Requesting Party, the OSC or her/his nominee the Equipment stated in Box A.1 and/or the type and quantity of Dispersant as stated in Box A.2 at the Place of Handover as indicated in Box C.4. For the purposes of the handover and redelivery, both parties agree to use the Handover/redelivery statement (Annex 3). As from handover until redelivery, the Requesting Party remains responsible for the reasonable and safe use of the Equipment and its deployment. If so requested by the Requesting Party as per Box A.3, the technical support personnel shall provide assistance to the Requesting Party during the equipment handover only. II. PERIOD II.1.The Services and the obligations provided for under this IRC-E shall start when the Contract Form is signed by both Contracting Parties and sent by the Requesting Party to the Contractor. II.2. The providing of Services may at any time be ended by Notice of the Requesting Party, its nominee or the OSC or its nominee. Upon receipt of the Notice of Ending Operational Activities the Equipment shall cease all activities. The Equipment shall then be cleaned with utmost despatch and be made available by the Requesting Party to the Contractor at the Place of Redelivery as per Box C.4, the Requesting Party having to send a Notice of Redelivery once the Equipment is at the Place of Redelivery. III. EXECUTION OF SERVICES AND DUTIES III.1. The Requesting Party, the OSC or her/his nominee shall at all times have the ultimate decision as to the use and safety of the Equipment and/or Dispersant. The Requesting Party remains responsible for control of all matters at the location of the clean-up operations. III.2. The Requesting Party shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for the Equipment deployment and/or Dispersant spraying under the laws and regulations in force at the place where these activities are to be executed. III.3. If technical support personnel is made available by the Contractor, as requested by the Requesting Party, for the equipment handover the technical support personnel will not act against the orders of the Requesting Party. The technical support personnel may not follow orders of the Requesting Party which in her/his opinion could endanger his/her safety. In such case she/he has to inform the OSC or her/his nominee on her/his decision, the reasons and the possible consequences. Page 4 of 16 III.4. Should the Contractor fail to perform his obligations under the Contract in accordance with the provisions laid down therein, the Requesting Party may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. III.5. Whenever possible, the Requesting Party shall provide suitable accommodation, including meals and bedding, to the technical support personnel. If not provided directly by the Requesting Party, the costs related to technical support personnel accommodations and daily expenses shall be reimbursed by the Requesting Party in accordance with article IV.4.3. III.6. The Contracting Parties shall co-operate and provide each other with any assistance reasonably requested by the other Party in connection with obtaining any documentation and/or authorisations as may be required under local laws or regulations to allow each technical support personnel to perform his/her duties at the place of Handover. III.7. The Contractor shall neither represent EMSA or the Requesting Party nor behave in any way that would give such an impression. The Contractor shall inform third parties that it does not belong to the European or National public service. The Requesting Party may not under any circumstances be considered to be the employer of the technical support personnel and the technical support personnel shall undertake not to invoke against the Requesting Party any right arising from the contractual relationship between the Requesting Party and the Contractor. III.8. APPLICABLE LAW AND SETTLEMENT OF DISPUTES This Contract shall be governed by the national law of the Requesting State and any dispute arising out of this Contract shall be referred to a court of the Requesting State, indicated in Box C.4 provided that the Requesting State is an EU Member State or a Member State of the EFTA. Even if another law would be applicable on this Contract it is agreed that in the drafting and therefore interpretation of the various clauses of the Contract English law has been guiding. III.9. Two versions of this Contract have been drafted in English and in the official language of the Requesting State. If legally possible under the law and proceedings of the place of dispute, only the English version of this Contract shall be deemed authentic. IV. PAYMENTS IV.1. Mobilisation lump sum The Requesting Party shall pay a mobilisation lump sum as stated in Box A.0 for mobilisation of the Equipment stated in Box A.1 and/or Dispersant as per Box A.2. IV.2. Technical support personnel rate When the Requesting Party has required the availability of technical support personnel as per Box A.3, the Requesting Party shall pay the Contractor a daily rate for the technical support personnel involved in the required services. The rate for personnel shall be due per day or pro rata as from the date and time indicated by the Contractor indicated in the Notice of Delivery until the date and time indicated by the Requesting Party in the Handover/Redelivery statement. IV.3. If the Requesting Party terminates this IRC-E less than 12 hours after the date and time it has signed the Contract Form, the Requesting Party shall pay to the Contractor the Equipment and/or Dispersant mobilisation lump sum plus any Equipment and/or Dispersant transportation costs and/or technical support personnel travel costs already incurred by the Contractor as per article IV.4 below. Page 5 of 16 IV.4. In addition to the Equipment and/or Dispersant mobilisation lump sum and, if requested, technical support personnel rate the Requesting Party will reimburse the Contractor for the following costs against invoices, if not paid directly by the Requesting Party: 1. All transportation costs of Equipment and/or Dispersants from the Equipment and/or Dispersant storage location to the Place of Handover and transportation back of the Equipment from the Place of Redelivery to the Equipment storage location as well as associated costs such as tolls and ferry costs when applicable. Indication of road transport costs to transport Equipment and/or Dispersant is stated in Boxes A.0; 2. Travel expenses for the technical support personnel which are directly connected with execution of the tasks on production of original supporting documents such as invoices, receipts and used tickets; 3. Subsistence expenses for the technical support personnel including: a) Reimbursement of accommodation based on actual costs of accommodation on production of an original invoice up to the ceiling as indicated in Annex 2 per necessary overnight stay related to the tasks executed. Accommodation shall be arranged and paid directly by the contractor unless accommodation is provided by the Requesting Party; b) Flat rate daily allowance as specified in Annex 2 shall be reimbursed for days during which the tasks are executed. This amount covers all expenses at the place where the tasks related to the contract are executed, including the cost of meals and local transport; 4. Customs duties, all permits, import duties and taxes, any administrative authorisations and clearance expenses as may be required and arising out of this Contract; 5. Consular charges appertaining to the technical support personnel; 6. Costs linked to the cleaning of the Equipment before redelivery of the Equipment to the Contractor. It is understood that this will occur at a place where such an operation can be professionally undertaken at controllable competitive costs and in order to enable the Contractor to bring the Equipment back as soon as possible into the original service. It is also understood that the identity and the total costs of the cleaner(s) is proposed by the Contractor but to be agreed by the Requesting Party. With respect to the quality of cleaning, the standard is “ready for paint”. 7. Costs for the disposal of empty Intermediate Bulk Containers (IBCs). IV.5. Invoices shall be issued weekly or at the expiration or earlier termination of this Incident Response Contract. Without prejudice to the relevant national regulation of the Requesting State, all payments under this Contract shall be made free of any deductions or set offs whatsoever within 21 days of the issue of an invoice by the Contractor. Invoices may be faxed or telexed or otherwise electronically transmitted to the Requesting Party as stated in Box C.2. Nevertheless the original invoice will be provided before actual payment is made. IV.6. Payments shall be deemed to have been made on the date on which the Requesting Party’s bank account is debited. IV.7. Payments shall be made to the Contractor’s bank account, identified as in Box B.4. Article VIII.2 shall apply in case of late payments. IV.8. In case the Requesting State seeks to recover the costs incurred in relation to this Contract from the entity liable under International Conventions and/or national regulations for pollution damage resulting from marine oil spills, the Requesting State shall include EMSA’s costs related to establishing the services, purchasing the Equipment and/or Dispersants in its claim and, if successful, reimburse EMSA. For this purpose, the Requesting State, EMSA and the Contractor shall co-operate and provide each other any documentation, explanation and information necessary in this regard. Page 6 of 16 V. ADMINISTRATIVE PROVISIONS Any communication relating to this Contract shall be made in writing or by fax or as scanned copies attached to e-mails and shall be addressed according to Box B.2 for communications to the Contractor and according to Box C.2 for communications to the Requesting Party. Electronic communications shall be confirmed by an original signed paper version of that communication if requested by any of the parties provided that this request is submitted without unjustified delay. The sender shall send the original signed paper version without unjustified delay. Without prejudice to the preceding, if the sending party receives a message of non-delivery to or of absence of the addressee, it shall make every effort to ensure the actual receipt of such communication by the other party. VI. THE EQUIPMENT VI.1. The Requesting Party is responsible for the safe use of the equipment and its preservation from the time of handover until redelivery. The Requesting Party will be responsible for the routine equipment maintenance as well as running repairs to maintain equipment operational. All losses or damages sustained by the Equipment from the time of handover until redelivery will be for the sole account of the Requesting Party. If the Equipment is not redelivered by the Requesting Party in working condition, normal wear and tear being for the account of EMSA, the Requesting Party shall indemnify EMSA for all costs reasonably incurred by it in restoring the Equipment or any part of it or in replacing the Equipment or any part of it if it cannot be so restored at a cost below the cost of replacement. If so agreed between the Requesting Party and EMSA, the Requesting Party would pay the entity contracted by EMSA for performing the repairs or replacing the Equipment, the Requesting Party would then actually honour EMSA’s contractual obligations. VI.2. If part of or all the Equipment is prevented from working by reason of deficiency, breakdown or others, accident which prevents the Equipment from working, the Requesting Party or his nominee will transport the Equipment back to the Place of Redelivery and send a Notice of Redelivery to the Contractor. The Contractor may propose to the Requesting Party to replace the Equipment or part of it by any other Equipment items which is suitable for the purpose of this Contract and at a time and condition which is acceptable to the Requesting Party. Thereafter the replacement Equipment shall be subject to all terms of this Contract. It is understood that the Contractor shall only claim costs as per Chapter IV for the Equipment. Without prejudice to the possibility of the Requesting Party or his nominee to terminate the Incident Response Contract as per Article II.2, and to recover any damages or losses it might have suffered. VII. LIABILITY AND INDEMNITIES VII.1. THE REQUESTING PARTY Unless wilful misconduct or gross negligence on the part of the Contractor, the Requesting Party shall defend, protect, indemnify and hold harmless the Contractor, his/her personnel, his/her contractors and subcontractors and EMSA from any and against all claims, costs, expenses, actions, proceedings, suits, demands and liabilities including claim for consequential damages, whatsoever arising out of or in connection with this Contract in respect of: a) Loss of or damage to the Requesting Party’s or EMSA’s property including the Equipment; b) Actual or potential pollution damage, pollution or contamination of any kind including the cost of control, removal and clean-up thereof linked to the Contract execution; c) For personal injury or death of any of the Requesting Party’s employees; d) The performance of the technical support personnel. Page 7 of 16 VII.2. THE CONTRACTOR Unless wilful misconduct or gross negligence on the part of the Requesting State, the Contractor shall be responsible for: a) Any loss or damage to his own property or his contractors’ and/or subcontractors’ property; b) For personal injury or death of any of his employees or any employee of his contractors and subcontractors arising out of or in any way connected with the performance of this Contract. VII.3. LIMITATIONS Nothing contained in this Contract shall be construed or held to deprive the Contractor, the Requesting Party, as against any person or party, including as against each other, of any right to claim limitation of liability provided by any applicable law, statute or convention, save that nothing in this Contract shall create any right to limit liability. Where the Contractor or the Requesting Party may seek an indemnity under the provisions of this Contract or against each other in respect of a claim brought by a third party, the Contractor or the Requesting Party shall seek to limit their liability against such third party but only for the limited purpose of contracting for the extension of such benefits to such persons and parties. VII.4. EMSA The Equipment is owned by EMSA. EMSA and the Contractor are parties to a service contract under which the Contractor shall provide pollution response services to a Requesting Party under the terms and conditions of this Contract. The Requesting Party and the Contractor shall jointly and severally hold harmless and indemnify EMSA against any and all claims arising from losses or damages deriving out of or in connection with this Incident Response Contract together with all costs charged and expenses suffered or incurred in connection with any such claims, and against all losses or damages suffered by EMSA, provided they do not derive from gross negligence or wilful misconduct of EMSA. This provision is included to the benefit of EMSA. VIII. RECOVERY VIII.1. If total payments made exceed the amount actually due under the Contract or if recovery is justified in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount on receipt of the debit note, in the manner and within the time limits set by the Requesting Party. VIII.2. In the event of late payment interest at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”) is automatically and without necessity of prior notice due. The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. IX. CONFIDENTIALITY IX.1. The Contractor undertakes to treat in the strictest confidence and not make use of or divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the Services. IX.2. The Contractor shall obtain from each member of her/his staff, board and directors an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the Services and that they will not divulge to third parties or use for their own Page 8 of 16 benefit or that of any third party any document or information not available publicly, even after completion of the Services. X. FORCE MAJEURE X.1. Force majeure shall mean any unforeseeable and exceptional situation or event beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence or omission on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence and cannot be rectified. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure. X.2. If either contracting party is faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects. X.3. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform her/his contractual obligations owing to force majeure, she/he shall have the right to remuneration only for Services actually executed and the Requesting Party or his nominee shall have the right to terminate the contract. X.4. The contracting parties shall take the necessary measures to reduce damage to a minimum. XI. SUBCONTRACTING XI.1. The Contractor shall not subcontract without prior written authorisation from the Requesting Party nor cause the Contract to be performed in fact by third parties. XI.2. Even where the Requesting Party authorises the Contractor to subcontract to third parties, she/he shall none the less remain bound by her/his obligations to the Requesting Party under the Contract and shall bear exclusive liability for proper performance of the Contract. XII. WAR XII.1. Unless the consent of the Contractor is obtained first, the Contractor, his/her subcontractors his/her personnel including technical support personnel shall not be ordered nor continue to place nor be sent on any service which will bring them within a zone which is dangerous as a result of any actual or threatened act of war, war hostilities, warlike operations, acts of hostility or malicious damage by any person, body or State whatsoever, revolution, civil war, civil commotion or the operation of international law, nor be exposed in any way to any risks or penalties whatsoever consequent upon the imposition of sanctions, nor carry any goods that may in any way expose the Contractor, his/her subcontractors his/her personnel including technical support personnel to any risks of seizure, capture, penalties or any other interference of any kind whatsoever by the belligerent or fighting powers or parties or by any government or rulers. XII.2. Should the Contractor, his/her subcontractors his/her personnel including technical support personnel approach or be brought within such zone, or be exposed in any way to the said risks, it shall do so at the Contractor’s own risk. Notwithstanding, payment shall be due for all time lost including any time lost in connection to or arising out of the loss of or the injury to Contractor personnel including the technical support personnel or the refusal by any of them to proceed to such zone or to be exposed to such risks. Page 9 of 16 XII.3. In the event of any of the Parties becomes unable to perform this IRC-E, for reason of war the other Contracting Party may terminate this IRC-E. XIII. AMENDMENTS Any amendment to the terms and conditions of this IRC-E shall be made in writing. XIV. TERMINATION XIV.1. The Requesting Party may terminate the Contract in the following circumstances: a) where execution of the Services has not actually commenced within five days of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Requesting Party; b) where the Contractor is unable, through her/his own fault, to obtain any permit or licence required for performance of the Contract; c) where the Contractor is being wound up, is having her/his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations. XIV.2. In case of force majeure, notified in accordance with Article X.2, either contracting party may terminate the Contract. XIV.3. Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination. XIV.4. Consequences of termination In the event of the Requesting Party terminating the Contract in accordance with this Article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce her/his commitments. XV. TIME FOR SUIT All and any suits if any must be brought within 6 months of the services being terminated failing which they are time-barred. Specific references may be added later (as an annex 1) to facilitate the acceptance of this Incident Response Contract under national public law of individual Member States. Page 10 of 16  ANNEX 1 List of specific references to National Public Law of Individual Member States Page 11 of 16  ANNEX 2 Daily allowances and accommodation ceilings COUNTRY DAILY ALLOWANCE IN € MAXIMUM HOTEL PRICE IN € ALBANIA 50 160 ALGERIA 85 85 AUSTRIA 95 130 BELGIUM 92 140 BOSNIA AND 65 135 HERZEGOVINA BULGARIA 58 169 CROATIA 60 120 CYPRUS 93 145 CZECH REPUBLIC 75 155 DENMARK 120 150 EGYPT 65 140 ESTONIA 71 110 FINLAND 104 140 FRANCE 95 150 GEORGIA 80 215 GERMANY 93 115 GREECE 82 140 HUNGARY 72 150 ICELAND 85 160 IRELAND 104 150 ISRAEL 105 210 ITALY 95 135 LATVIA 66 145 LEBANON 70 190 LIBYA, JAMAHIRIYA AR. 50 175 LITHUANIA 68 115 LUXEMBURG 92 145 MALTA 90 115 MONACO 72,58 97,27 MONTENEGRO 80 140 MOROCCO 75 130 NETHERLAND 93 170 NORWAY 80 140 POLAND 72 145 PORTUGAL 84 120 RUSSIA 90 275 ROMANIA 52 170 SLOVAKIA 80 125 Page 12 of 16  COUNTRY DAILY ALLOWANCE IN € MAXIMUM HOTEL PRICE IN € SLOVENIA 70 110 SPAIN 87 125 SWEDEN 97 160 SYRIA 80 145 TUNISIA 60 85 TURKEY 55 165 UKRAINE 80 190 UNITED KINGDOM 101 175 Page 13 of 16  ANNEX 3 HANDOVER/REDELIVERY STATEMENT 2 Equipment / Dispersant Equipment / Dispersant handover redelivery From: To: Place of Place of Handover: Redelivery: Date of Date of Handover: Redelivery: - Technical Support - Personnel complete list: - Place and Date of arrival: Place and Date of departure: 2 Delete as appropriate Page 14 of 16  3 LIST OF HANDED OVER / REDELIVERED EQUIPMENT / DISPERSANTS Condition Condition Comments N° Category Item Description ID Code Good/Average/Poor Good/Average/Poor at receipt at return Single point inflation NO- 1 BOOM Segment AACA073601 450-S 400m AIR SUPP. /BACK UP 3 Air hoses AACA053602 1*30 m. Towing lines 4 TOW ROPE AACA374201 set Towing lines 5 TOW ROPE AACA374203 set Hydraulic 6 HYD. HOSES AACA223803 hose(s) 7 Storage reel BOOM REEL AACA353401 Storage 10 FT. FOR SPARE 8 AACA351201 container PARTS 3 Delete as appropriate Page 15 of 16  Handover Redelivery Comments on the condition and completeness of the 4 equipment / dispersants Contractor: Name: Date: Signature: Requesting Party: Name: Date: Signature: 4 Delete as appropriate Page 16 of 16 Annex 4: Incident Response Equipment - Equipment (IRC-E) Form EU/EFTA Member States and Third Countries A. EQUIPMENT, DISPERSANT AND TECHNICAL SUPPORT PERSONNEL Requesting Party to indicate options A.0 Mobilisation & Transport Costs Mobilisation lump sum (EUR): 4,200.00 four thousand two hundred Indicative price / km 20ft truck (EUR): 0-500 km: 4.25; 500-2000 km: 3.70; over 2000 km: 3.50 Indicative price / km 40ft truck (EUR): 0-500 km: 4.25; 500-2000 km: 3.70; over 2000 km: 3.50 Additional expenses: (e.g. tolls, ferry transport) to be covered by the Requesting Party A.1 Equipment A.1.1 Curent Buster 6 Yes State "YES" if requested State quantity required (max. 2 sets) Equipment type: High speed containment, decanting & recovery system (> 40m front opening) Equipment and ancillaries are stored inside one 20ft and two 10ft containers. No lifting Transport requirements: accessories are provided. Insurance value per set (EUR) 657,404 six hundred fifty-seven thousand four hundred four A.1.2 Speed Sweep Yes State "YES" if requested State quantity required (max. 2 sets) Equipment type: High speed containment, decanting & recovery system (20-40m front opening) Equipment and ancillaries are stored inside one 20ft container. No lifting accessories are Transport requirements: provided. Insurance value per set (EUR) 259,781 two hundred fifty-nine thousand seven hundred eighty-one A.1.3 LAS125 Arctic Skimmer Yes State "YES" if requested State quantity required (max. 2 sets) Equipment type: Arctic brush skimmer with an LPP90 power pack and portable control stand Skimmer stored on a 20ft flatrack, with the power pack requiring additional space for transport. Transport requirements: No lifting accessories are provided. Insurance value per set (EUR) 92,670 ninety-two thousand six hundred seventy A.1.4 LFF100 Brush Skimmer Yes State "YES" if requested State quantity required (max. 1 set) Equipment type: Brush skimmer with an LPP109 power pack Skimmer stored on a 20ft flatrack, with the power pack requiring additional space for transport. Transport requirements: No lifting accessories are provided. Insurance value per set (EUR) 125,400 one hundred twenty-five thousand four hundred A.1.5 High-Capacity Skimmer Yes State "YES" if requested State quantity required (max. 2 sets) Equipment type: High-capacity skimmer with a maximum pumping capacity of 140m3/hour Equipment and ancillaries are stored inside one 20ft container and one 10ft container. No lifting Transport requirements: accessories are provided. Insurance value per set (EUR) 802,686.00 eight hundred two thousand six hundred eighty-six A.1.6 Offshore boom HDB2000 Yes State "YES" if requested State quantity required (max. 1 set) Equipment type: Offshore inflatable boom with 500m length and an LPP109 power pack. Boom stored on two reels, with the power pack requiring additional space for transport. No lifting Transport requirements: accessories are provided. Insurance value per set (EUR) 135,400 one hundred thirty-five thousand four hundred A.1.7 Ro-Trawl State "YES" if requested State quantity required (max. 3 sets) Equipment type: Trawl net for recovery of sub-surface oil , tar balls, debris, etc. Equipment and ancillaries are stored inside one 20ft container. No lifting accessories are Transport requirements: provided. Insurance value per set (EUR) 261,146 two hundred sixty-one thousand one hundred forty-six A.1.8 Oil Storage Barge Yes State "YES" if requested State quantity required (max. 6 sets) 3 Equipment type: Towable, inflatable barge with 100m oil storage capacity Equipment and ancillaries are stored inside one aluminium crate which can fit inside the 10ft Transport requirements: conatainer of the oil offloading system if ordered jointly. No lifting accessories are provided. Insurance value per set (EUR) 76,585 seventy-six thousand five hundred eighty-five A.1.9 Oil Offloading System Yes State "YES" if requested State quantity required (max. 2 sets) Equipment type: Oil offloading system for the oil storage barges, consisting of a pump and power pack Equipment and ancillaries are stored inside one 10ft ISO container. No lifting accessories are Transport requirements: provided. Insurance value per set (EUR) 47,152 forty-seven thousand one hundred fifty-two Page 1 of 3 A.1.10 Boiler Yes State "YES" if requested State quantity required (max. 1 set) Equipment type: Containerised horizontal type hot water boiler with 1700L capacity. The boiler and ancillaries are stored inside a 40ft oversized container (height: 2910 cm). No lifting Transport requirements: accessories are provided. Insurance value per set (EUR) 195,000 one hundred ninety-five thousand A.1.11 Boiler Yes State "YES" if requested State quantity required (max. 1 set) Equipment type: Containerised horizontal type hot water boiler with 1000L capacity. The boiler and ancillaries are stored inside one 20ft container. No lifting accessories are Transport requirements: provided. Insurance value per set (EUR) 65,000 sixty-five thousand A.2 Dispersant N/A A.3 Technical Support Personnel Yes State "YES" if requested State number required (max 2 pax) Daily rate (EUR): 1,200 one thousand two hundred Additional expenses: (e.g. travel, accommodation) to be covered by the Requesting Party B. CONTRACTOR B.2 Administrative Contact Details B.1 Operational (Notices, Invoices, other) Name Mathias Lindroos Annika Blomqvist Full Address Rihkamatori 2, 06100 Porvoo, Finland Rihkamatori 2, 06100 Porvoo, Finland Telephone (24/7): +44 161 920 6664 - Fax: +358 207 650 129 +358 207 650 129 Mobile responsible pers: +358 405 365 146 +358 407 181 611 Email: [email protected] [email protected] B.3 Operational Details Equipment Location: Tolkkistentie 807, 06750 Tolkkinen, Finland Estimated Time to be 12 hours Ready for dispatch: B.4 Financial Details: Bank Account Bank Name: Danske Bank Plc Account Holder: Lamor Corporation AB Full IBAN and SWIFT: FI05 8000 9710 0556 94 (DABAFIHH) Address of the branch: Televisiokatu 1, 00075 Helsinki, Finland C. REQUESTING PARTY C.1 General Contact Details C.2 Administrative Contact Details (Operational) (Notices, Invoices, other) Name Full Address Telephone (24/7): Fax: Mobile responsible pers: Email: C.3 Contact Details Supreme On Scene Commander (SOSC) or equivalent: Name: Telephone (24/7): Fax: Mobile responsible pers: Email: C.4 Other Details Place of Handover: Place of Redelivery: Court for Disputes: Page 2 of 3  D. SIGNATURES D.1 Contractor Representative: D.2 Requesting Party Representative: Name Name Position Position Place Place Date/Time(UTC) Date/Time(UTC) Signature Signature Page 3 of 3 Ref. Ares(2019)3447856 - 27/05/2019 European Maritime Safety Agency EMSA Administrative Board Members Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Sweden and Norway. Sent by email only Lisbon, 2 7 MAY 2019 Subject: Oil Pollution Response Services Update Dear Sir/Madam, The purpose of this letter is to communicate the entry into stand-by phase on 15 April 2019 within the Northern Baltic Sea area of the following EMSA response arrangement: Equipment Assistance Service (EAS) stockpile located in Tolkkinen, Finland. The stockpile will include several oil pollution response (OPR) equipment sets such as speed sweeps, trawl nets, current buster and oil storage barges systems which are currently being delivered by the equipment manufacturers. Further information on the equipment sets will be made available at EMSA’s webpage http://emsa.europa.eu/oil-spill-response/eas-inventory/kev-aspects-of-the-eas.html The enclosed model “Incident Response Contract-Equipment” (IRC-E) sets the terms and conditions regarding the use of equipment. It provides for definitions, continuous contractual period unless terminated by the Requesting Party, procedures with the different “Notices” to be given by the parties, payments and payments terms, sharing of responsibilities, law of the Contract and equipment condition check through a “Handover/Redelivery Statement” (annex 3 to the Contract). The enclosed “IRC Equipment Form” includes the designation of the specific equipment (annex 4 of enclosure 1 ), contracting parties’ data and indicative tariffs for transportation and technical support personnel. Both documents are available for consultation on the password protected EMSA extranet (https://extranet.emsa.europa.eu). Following the signature of the relevant IRC-E Form by the Requesting Party, the maximum time required for the mobilisation of equipment is 12 hours. To mobilise an EMSA service the Requesting Party should place a request for assistance via the Common Emergency Communication and Information System (CECIS). We would be grateful if you could forward this information to the relevant pollution response authority in your country. Executive Director Enclosures: 1. Incident Response Contract (IRC-E) terms and conditions for the EAS Northern Baltic Sea; 2. Incident Response Contract Form (IRC-E Form) for the EAS Northern Baltic Sea; c.c: CTG MPPR Member. [email protected] Tel +351 21 1209 256 / Fax +351 21 1209 212 EMSA, Praça Europa 4, 1249-206 Lisbon, Portugal / emsa.europa.eu