OPRC 1990 Lecture: Oil Pollution Preparedness & Response PDF

LECTURE 7  international convention Oil Pollution Preparedness, Response and Co-operation (OPRC 1990);  BACKGROUND OPRC is an international maritime convention establishing measures for dealing with marine oil pollution incidents nationally and in co- op...

LECTURE 7  international convention Oil Pollution Preparedness, Response and Co-operation (OPRC 1990);  BACKGROUND OPRC is an international maritime convention establishing measures for dealing with marine oil pollution incidents nationally and in co- operation with other countries. As of November 2018, there are 112 state parties to the convention. OPRC Convention was drafted within the framework of the International Maritime Organization (IMO). It was adopted in 1990. Consists of 19 articles. Three months after the date of deposit of their instrument of ratification, acceptance, approval or accession in accordance with article 16 (3), the Convention came into force on 7 March 1995. Later in 2000 a Protocol to the Convention relating to hazardous and noxious substances (HNS) was adopted (the OPRC- HNS Protocol).  OBJECTIVES The main objective is to facilitate international co-operation and mutual assistance in preparing for and responding to a marine pollution incident and to encourage states to develop and maintain adequate capability to deal credibly with oil pollution emergencies. In accordance with this Convention and its Annex, States- Parties to the 1990 Convention undertake, individually or jointly, to take all appropriate measures to prepare for and respond to oil pollution incidents.  The Importance of OPRC 90 and OPRC-HNS Protocol 2000 Besides implementing national response systems, also to promote cooperation amongst Parties through the establishment of bilateral and multilateral agreements to augment national-level response capacity, when needed. To provide the mechanism for Parties to request assistance from any other state Party, when faced with a major pollution incident.  THE CONVENTION APPLIES TO: Vessels of any type whatsoever operating in the marine environment including hydrofoil boats, air-cushion vehicles, submersibles, and floating craft of any type; Fixed or floating offshore installations or structures engaged in gas or oil exploration, exploitation or production activities, or loading or unloading of oil; Sea ports and oil handling facilities (those facilities which present a risk of an oil pollution incident, including, inter alia, sea ports, oil terminals, pipelines and other oil handling facilities). The Convention does not apply to warships, naval auxiliary or other ships owned or operated by a State and used only on government non-commercial service. However, Parties to the Convention must ensure by the adoption of appropriate measures that such ships act in a manner consistent with the Convention.  NEED TO HAVE OIL POLLUTION REPORTING PROCEDURES In accordance with the Convention, masters or other persons having charge of ships flying the flag of a Party and persons having charge of offshore units under the jurisdiction of a Party are required to report without delay any event on their ship or offshore unit involving a discharge or probable discharge of oil: (i) in the case of a ship, to the nearest coastal State; (ii) in the case of an offshore unit, to the coastal State to whose jurisdiction the unit is subjected.  NEED TO HAVE OIL POLLUTION EMERGENCY PLANS Ships are required to carry a shipboard oil pollution emergency plan, in accordance with the provisions adopted by the (IMO). These plans are subject, while in a port or at an offshore terminal under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Operators of offshore units under the jurisdiction of the Parties are required to have oil pollution emergency plans, which are co-ordinated with the national system for responding to oil pollution incidents, approved in accordance with procedures established by the competent national authority. Operators in charge of seaports and oil handling facilities under the jurisdiction of Parties are also required to have oil pollution emergency plans or similar arrangements which are co-ordinated with the national oil pollution response system)  NATIONAL AND REGIONAL SYSTEMS FOR PREPAREDNESS AND RESPONSE Each Party is under obligation to establish a national system for responding promptly and effectively to oil pollution incidents. Ie. a national contingency plan for preparedness and response outlining the organizational relationship of the various involved bodies, public or private, using guidelines developed by the IMO. Such system comprises: 1. Designated competent national authority or authorities with responsibility for oil pollution preparedness and response; 2. National operational contact point or points, responsible for the receipt and transmission of oil pollution reports; 3. Authority which is entitled to act on behalf of the State to request assistance or to decide to render the assistance requested;  Each Party, either individually or through bilateral or multilateral co-operation with the oil and shipping industries, port authorities and other relevant entities have to establish: a minimum level of pre-positioned oil spill combating equipment and programmes for its use; a programme of exercises for oil pollution response organizations and training of relevant personnel; detailed plans and communication capabilities for responding to an oil pollution incident; and a mechanism or arrangement to co-ordinate the response to an oil pollution incident with the capabilities to mobilize the necessary resources) THE PROTOCOL ON PREPAREDNESS, RESPONSE AND CO-OPERATION TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS SUBSTANCES. OPRC-HNS PROTOCOL (2000)  OPRC-HNS PROTOCOL (2000) The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances follows the principles of the OPRC Convention and was formally adopted by States already Party to the OPRC Convention at a Diplomatic Conference held at IMO headquarters in London in March 2000. EIF on 14 June 2007 It aims to establish national systems for preparedness and response and to provide a global framework for international co-operation in combating major incidents or threats of marine pollution. For the purposes of the HNS Protocol, a Hazardous and Noxious Substance is defined as any substance other than oil which, if introduced into the marine environment is likely to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.  The Protocol ensures that ships carrying hazardous and noxious substances are covered by preparedness and response regimes similar to those already in existence for oil incidents. Parties to the Protocol are required to establish measures for dealing with pollution incidents, either nationally or in co- operation with other countries. Ships are required to carry a shipboard pollution emergency plan to deal specifically with incidents involving hazardous and noxious substances.