Cooperation Agreement for Marine Environment Protection between Costa Rica and MonacoConvenio de Cooperación para la Protección del Medio Marino entre Costa Rica y Mónaco

in the entirety of the text - Complete Text of Norm 34496 Promulgates Cooperation Agreement on the protection and preservation of the marine environment between the Principality of Monaco and the Republic of Costa Rica signed on November 2, 2004, and the Addendum signed on February 20, 2008 Complete Text record: BA759 No. 34496 THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF FOREIGN AFFAIRS AND WORSHIP Based on Article 140, subsections 3), 8), 12), and 20), and Article 146 of the Political Constitution.

1. In the city of San José, Costa Rica, on the second of November, two thousand four, the Cooperation Agreement on the protection and preservation of the marine environment between the Principality of Monaco and the Republic of Costa Rica was signed.

2. In the city of Monte Carlo, Monaco, on the twentieth of February, two thousand eight, the Addendum to the Cooperation Agreement on the protection and preservation of the marine environment between the Principality of Monaco and the Republic of Costa Rica was signed.

1st-That the Cooperation Agreement on the protection and preservation of the marine environment between the Principality of Monaco and the Republic of Costa Rica and its Addendum develop the provisions on cooperation of the United Nations Convention on the Law of the Sea, approved by Law of the Republic No. 7291, of March 23, 1992.

2nd-That the eighth clause of the aforementioned instrument provides for its entry into force upon the communication between the Parties of the fulfillment of the constitutional requirements provided for that purpose.

3rd-That the sixth clause of the mentioned Agreement contemplates the formalization of amendments or modifications by written agreement of the Parties.

4th-That the Addendum to the cited Agreement has the object of updating the original text in order to adapt it to the cooperation needs between the Parties. Therefore, In use of the powers conferred by Article 140, subsections 10) and 12) of the Political Constitution.

Article 1st-To promulgate, having as effective for internal and external purposes, the Cooperation Agreement on the protection and preservation of the marine environment between the Principality of Monaco and the Republic of Costa Rica, signed on November 2, 2004, and the Addendum signed on February 20, 2008, whose verbatim texts are as follows:

Cooperation agreement on the protection and preservation of the marine environment between the Principality of Monaco and the Republic of Costa Rica The Government of His Serene Highness the Prince of Monaco and The Government of the Republic of Costa Rica, hereinafter referred to as the "Parties"; Desirous of promoting the protection and preservation of the marine environment and in particular the sustainable management of biological diversity; Aware of the importance of the Conservation and Sustainable Management of Marine Biodiversity on the high seas; Considering that the Principality of Monaco has experience and knowledge in the field of the conservation of marine biodiversity, in particular on the high seas, and Costa Rica's will regarding the national agenda on the conservation of marine and coastal resources; Considering that the Principality of Monaco participates in the implementation of the Agreement on the Constitution of the Pelagos Marine Sanctuary between the Governments of Monaco, France, and Italy; Taking into account that the Republic of Costa Rica is a party to the initiative of the Eastern Tropical Pacific Marine Conservation Corridor (CMAR), developed by the Governments of Costa Rica, Panama, Colombia, and Ecuador, in which the Ministry of Environment and Energy of Costa Rica has assumed the Presidency and the Pro-Tempore Technical Secretariat of the CMAR; Considering that both countries are States Parties to the United Nations Convention on the Law of the Sea, which contemplates the possibility of entering into agreements to promote its general principles, among which is the protection and preservation of the marine environment; Taking into consideration that said Convention contemplates scientific and technical cooperation between States for the protection and preservation of the marine environment and the prevention, reduction, and control of marine pollution; Taking note of the Joint Declaration signed between both Governments in the City of San José, on the second day of the month of December of the year two thousand three, we have agreed to enter into this cooperation agreement on the protection and preservation of the marine environment, which shall be governed by the following clauses:

Clause One: Objectives of the Agreement a) To foster spaces for cooperation and assistance between the parties to this agreement, aimed at the protection and preservation of the marine environment; b) To promote the development of management capacities in the area of protection and preservation of the marine environment between both countries; c) To contribute to the development of Costa Rica's national agenda on the conservation of marine and coastal resources, in particular in the CMAR region.

Clause Two: Areas of Mutual Cooperation 1. In the case of the CMAR, each Party cooperates to:

• a)Support the undertaking of consultancies or specific studies for the CMAR; b) Support the development of capacities and exchange of experiences for the management of the CMAR:

. Exchange knowledge and experiences in the field of the Law of the Sea and other legal instruments applied to biodiversity management and the legal framework for the CMAR's operation; . Facilitate a process of cooperation and exchange between the Pelagos Marine Sanctuary and the CMAR; through various working mechanisms that generate synergies, such as the Twinning of initiatives; . Promote the channeling of financial and technical cooperation from other governments, international organizations, or NGOs for the management of the CMAR, with an emphasis on the Isla del Coco Marine Conservation Area.

2. Regarding other lines of cooperation:

• a)Identify the processes and environmental technologies applied in Monaco that could eventually provide solutions for the management of Costa Rica's marine resources; b) Identify Costa Rica's experiences in the management of protected marine wild areas (áreas silvestres protegidas marinas) that, by mutual agreement, could serve as pilot experiences for other countries, through the Principality of Monaco; c) Foster the search for joint positions in international forums related to marine biodiversity and in particular on marine resources; d) Promote scientific cooperation and exchange of experiences between scientists from both countries, with an emphasis on marine biodiversity.

Clause Three: Joint Commitments The parties represented in this Agreement commit to:

• a)Promote and disseminate the results of the joint actions derived from the execution of this agreement; b) Recognize the institutional framework, as well as the respective credits for the information and in the publications generated through the actions of this Agreement; c) Within their means, provide technical and financial resources or seek the collaboration of other sources of cooperation to support the execution of the actions foreseen in the implementation of this Agreement; d) Official communications shall be carried out through the respective focal points mentioned in Clause 4; e) Intercede with the Parties to the Pelagos Marine Sanctuary and the CMAR to foster, when pertinent, participation in the parties' meetings, respectively, and in other types of events related to the management of both initiatives.

Clause Four: Responsible Authorities and Execution Mechanisms In the case of the Government of His Serene Highness the Prince of Monaco, the responsible Authority shall be the "Direction des Relations Extérieures" through the "Délégation à l'Environnement International et Méditerranéen".

In the case of the Government of the Republic of Costa Rica, the responsible Authority shall be the Ministry of Environment and Energy through the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC).

The established responsible Authorities shall designate the focal points who will be in charge of the coordination and monitoring of this agreement. A joint work plan must be prepared to fulfill the objectives of this agreement, which shall be agreed upon through an exchange of notes between the designated focal points.

Clause Five: Various Provisions a) The activities developed under the framework of this agreement must be carried out in accordance with the internal regulations of each party.

• b)The positions and actions of both parties carried out under the auspices of this agreement do not commit the other Governments participating in the Pelagos initiative and the CMAR.
• c)No activity within the framework of this agreement shall be carried out to the detriment of this or other existing agreements or those that may be signed in the future by the Governments of His Serene Highness the Prince of Monaco and of Costa Rica, and shall not affect the rights or obligations relating to international agreements that the two Parties have signed.

Clause Six: Amendments Any amendment or modification to this agreement shall be made by written agreement of the parties, through an addendum or Memorandum of Understanding.

Clause Seven: Interpretation and Application Any difficulty relating to the interpretation and application of this agreement shall be resolved by amicable conciliation between the Contracting Parties.

Clause Eight: Entry into Force, Duration, Denunciation 1. This agreement shall have a validity of three years, from the date of the Note in which the Governments of both Parties communicate to the other Party, through diplomatic channels, the fulfillment of the constitutional requirements for that purpose, renewable for equal periods, if the Parties do not indicate otherwise through the corresponding diplomatic channels, three months before the expiry date.

2. Either Party may denounce this agreement, by notification through the respective diplomatic channels. Said denunciation shall take effect three months after said notification has been received by the other Party. The termination of this agreement shall not affect the conclusion of the actions under execution developed under the framework of this agreement.

In witness thereof, the undersigned, duly authorized for this act, sign this agreement.

This agreement is signed on the 2nd day of the month of November 2004, in the Principality of Monaco, in the Spanish and French languages, in two original copies for each one, both texts being equally valid.

ADDENDUM No. 1 TO THE COOPERATION AGREEMENT ON THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT BETWEEN THE GOVERNMENT OF THE PRINCIPALITY OF MONACO AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA The Government of His Serene Highness the Prince of Monaco, and The Government of the Republic of Costa Rica, hereinafter referred to as "the Parties"; Desirous of promoting the sustainable management of biological diversity and in particular the protection and preservation of the marine environment; Aware of the importance of the Conservation and Sustainable Management of Marine Biodiversity on the high seas, we have agreed to enter into Addendum No. 1 to the cooperation agreement on the protection and preservation of the marine environment, hereinafter referred to as "The Agreement", which shall be governed by the following clauses.

Clause One: Amend the title of The Agreement to read as follows:

"COOPERATION AGREEMENT ON THE PROTECTION AND PRESERVATION PRINCIPALLY OF THE MARINE ENVIRONMENT BETWEEN THE PRINCIPALITY OF MONACO AND THE REPUBLIC OF COSTA RICA" Clause Two: Add a new considering paragraph reading as follows:

"Considering that both countries are States Parties to the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species (CITES), the Convention on Wetlands of International Importance as Waterfowl Habitat (Ramsar), the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol (KP), and the Convention on Migratory Species (CMS)." Clause Three: Amend Clause One: Objectives of the Agreement to add a subsection d) reading as follows:

"To contribute to other cooperation programs related to the implementation of the international environmental agreements ratified by both countries" 3.0 Clause Four: Amend Clause Two: Areas of mutual cooperation, so that subsection 1 reads as follows:

"In the case of the CMAR, each party shall cooperate to:

• a)Support the regional and national implementation of the CMAR initiative b) Support the undertaking of consultancies or specific studies for the CMAR; c) Support the development of capacities and exchange of experiences for the management of the CMAR, considering the following:

. Exchange knowledge and experiences in the field of the Law of the Sea and other legal instruments applied to biodiversity management and the legal framework for the CMAR's operation; . Facilitate a process of cooperation and exchange between the Pelagos Marine Sanctuary and the CMAR; through various working mechanisms that generate synergies, such as the Twinning of initiatives; . Promote the channeling of financial and technical cooperation from other governments, international organizations, or NGOs for the management of the CMAR, with an emphasis on the Isla del Coco Marine Conservation Area." Clause Five: Amend Clause Two: Areas of mutual cooperation, so that subsection 2 reads as follows:

"Regarding other lines of cooperation:

• a)Identify the processes and environmental technologies applied in Monaco that could eventually provide solutions for the environmental management of Costa Rica, in particular the management of Costa Rica's marine and coastal resources; b) Identify Costa Rica's experiences in the conservation and sustainable use of natural resources and biodiversity, and the management of protected wild areas (áreas silvestres protegidas) that, by mutual agreement, could serve as pilot experiences for other countries, through the Principality of Monaco; c) Foster the search for joint positions in international forums related to the agreements identified in the considering paragraphs; d) Promote scientific cooperation and exchange of experiences between scientists from both countries, with an emphasis on marine biodiversity." Clause Six: Amend Clause Four: Responsible authorities and execution mechanisms to read as follows:

"In the case of the Government of His Serene Highness the Prince of Monaco, the responsible Authority shall be the Permanent Delegation to the Scientific, Environmental, and Humanitarian Organizations of the Ministry of Foreign Affairs of the Principality of Monaco.

In the case of the Government of the Republic of Costa Rica, the responsible Authority shall be the Ministry of Environment and Energy through the National System of Conservation Areas (SINAC).

The established responsible Authorities shall designate the focal points who will be in charge of the coordination and monitoring of this agreement. A joint work plan must be prepared to fulfill the objectives of this agreement, which shall be agreed upon through an exchange of notes between the designated focal points." Clause Seven: The other clauses of The Agreement shall remain in force, as long as they do not contravene the provisions of this Addendum.

In witness thereof, the undersigned, duly authorized for this act, sign this Addendum.

This Addendum is signed on the 20th day of the month of February 2008, in Monaco, in the Spanish and French languages, in two original copies for each one, both texts being equally valid.

Article 2nd-Shall become effective upon its publication.

Given in the Presidency of the Republic.-San José, on the ninth day of the month of April, two thousand eight.

WHEREAS:

Considering:

DECREE:

en la totalidad del texto - Texto Completo Norma 34496 Promulga Convenio de Cooperación en materia de protección y preservación del medio marino entre el Principado de Mónaco y la República de Costa Rica suscrito el 2 de noviembre del 2004 y el Addéndum suscrito el 20 de febrero del 2008 Texto Completo acta: BA759 Nº 34496 EL PRESIDENTE DE LA REPÚBLICA Y EL MINISTRO DE RELACIONES EXTERIORES Y CULTO Con fundamento en el artículo 140, incisos 3), 8), 12) y 20) y el artículo 146 de la Constitución Política.

POR CUANTO:

1. En la ciudad de San José, Costa Rica el dos de noviembre del dos mil cuatro, fue firmado el Convenio de Cooperación en materia de protección y preservación del medio marino entre el Principado de Mónaco y la República de Costa Rica.

2. En la ciudad de Montecarlo, Mónaco, el veinte de febrero del dos mil ocho, fue firmado el Addendum al Convenio de Cooperación en materia de protección y preservación del medio marino entre el Principado de Mónaco y la República de Costa Rica.

1. 1Que el Convenio de Cooperación en materia de protección y preservación del medio marino entre el Principado de Mónaco y la República de Costa Rica y su Addendum, desarrollan las disposiciones en materia de cooperación, de la Convención de las Naciones Unidas sobre el Derecho del Mar, aprobada por Ley de la República Nº 7291, del 23 de marzo 1992.
2. 2Que la cláusula octava del citado prevé su entrada en vigencia a partir de la comunicación entre las Partes del cumplimiento de los requisitos constitucionales previstos para tal efecto.
3. 3Que la cláusula sexta del mencionado Convenio contempla la formalización de enmiendas o modificaciones mediante acuerdo escrito de las Partes.
4. 4Que el Addendum al citado Convenio tiene como objeto actualizar el texto original a fin de adaptarlo a las necesidades de cooperación entre las Partes. Por tanto,

En uso de las facultades conferidas por el artículo 140, incisos 10) y 12) de la Constitución Política.

Considerando:

DECRETAN: