International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990 in United States

International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990

THE PARTIES TO THE PRESENT CONVENTION,

CONSCIOUS of the need to preserve the human environment in general and
the marine environment in particular,

RECOGNIZING the serious threat posed to the marine environment by oil
pollution incidents involving ships, offshore units, sea ports and oil
handling facilities,

MINDFUL of the importance of precautionary measures and prevention in
avoiding oil pollution in the first instance, and the need for strict
application of existing international instruments dealing with maritime
safety and marine pollution prevention, particularly the International
Convention for the Safety of Life at Sea, 1974, as amended, and the
International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 relating thereto, as amended,
and also the speedy development of enhanced standards for the design,
operation and maintenance of ships carrying oil, and of offshore units,

MINDFUL ALSO that, in the event of an oil pollution incident, prompt
and effective action is essential in order to minimize the damage which
may result from such an incident,

EMPHASIZING the importance of effective preparation for combating oil
pollution incidents and the important role which the oil and shipping
industries have in this regard,

RECOGNIZING FURTHER the importance of mutual assistance and
international co-operation relating to matters including the exchange of
information respecting the capabilities of States to respond to oil
pollution incidents, the preparation of oil pollution contingency plans,
the exchange of reports of incidents of significance which may affect the
marine environment or the coastline and related interests of States, and
research and development respecting means of combating oil pollution in
the marine environment,

TAKING ACCOUNT of the “polluter pays” principle as a general principle
of international environmental law,

TAKING ACCOUNT ALSO of the importance of international instruments on
liability and compensation for oil pollution damage, including the 1969
International Convention on Civil Liability for Oil Pollution Damage
(CLC); and the 1971 International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage (FUND); and
the compelling need for early entry into force of the 1984 Protocols to
the CLC and FUND Conventions,

TAKING ACCOUNT FURTHER of the importance of bilateral and multilateral
agreements and arrangements including regional conventions and
agreements,

BEARING IN MIND the relevant provisions of the United Nations
Convention on the Law of the Sea, in particular of its part XII,

BEING AWARE of the need to promote international co-operation and to
enhance existing national, regional and global capabilities concerning
oil pollution preparedness and response, taking into account the special
needs of the developing countries and particularly small island States,

CONSIDERING that these objectives may best be achieved by the
conclusion of an International Convention on Oil Pollution Preparedness,
Response and Co-operation,

HAVE AGREED as follows:

ARTICLE 1

General provisions

(1) Parties undertake, individually or jointly, to take all appropriate
measures in accordance with the provisions of this Convention and the
Annex thereto to prepare for and respond to an oil pollution incident.

(2) The Annex to this Convention shall constitute an integral part of the
Convention and a reference to this Convention constitutes at the same
time a reference to the Annex.

(3) This Convention shall not apply to any warship, naval auxiliary or
other ship owned or operated by a State and used, for the time being,
only on government non-commercial service. However, each Party shall
ensure by the adoption of appropriate measures not impairing the
operations or operational capabilities of such ships owned or operated by
it, that such ships act in a manner consistent, so far as is reasonable
and practicable, with this Convention.

ARTICLE 2

Definitions

For the purposes of this Convention:

(1) “Oil” means petroleum in any form including crude oil, fuel oil,
sludge, oil refuse and refined products.

(2) “Oil pollution incident” means an occurrence or series of occurrences
having the same origin, which results or may result in a discharge of oil
and which poses or may pose a threat to the marine environment, or to the
coastline or related interests of one or more States, and which requires
emergency action or other immediate response.

(3) “Ship” means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, air-cushion vehicles,
submersibles, and floating craft of any type.

(4) “Offshore unit” means any fixed or floating offshore installation or
structure engaged in gas or oil exploration, exploitation or production
activities, or loading or unloading of oil.

(5) “Sea ports and oil handling facilities” means those facilities which
present a risk of an oil pollution incident and includes, inter alia, sea
ports, oil terminals, pipelines and other oil handling facilities.

(6) “Organization” means the International Maritime Organization.

(7) “Secretary-General” means the Secretary-General of the Organization.

ARTICLE 3

Oil pollution emergency plans

(1) (a) Each Party shall require that ships entitled to fly its flag
have on board a shipboard oil pollution emergency plan as
required by and in accordance with the provisions adopted by
the Organization for this purpose.

(b) A ship required to have on board an oil pollution emergency
plan in accordance with subparagraph (a) is 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, in accordance with the practices provided for in
existing international agreements or its national
legislation.

(2) Each Party shall require that operators of offshore units under its
jurisdiction have oil pollution emergency plans, which are co-ordinated
with the national system established in accordance with article 6 and
approved in accordance with procedures established by the competent
national authority.

(3) Each Party shall require that authorities or operators in charge of
such sea ports and oil handling facilities under its jurisdiction as it
deems appropriate have oil pollution emergency plans or similar
arrangements which are co-ordinated with the national system established
in accordance with article 6 and approved in accordance with procedures
established by the competent national authority.

ARTICLE 4

Oil pollution reporting procedures

(1) Each Party shall:

(a) require masters or other persons having charge of ships flying its
flag and persons having charge of offshore units under its
jurisdiction 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 subject;

(b) require masters or other persons having charge of ships flying its
flag and persons having charge of offshore units under its
jurisdiction to report without delay any observed event at sea
involving a discharge of oil or the presence 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 subject;

(c) require persons having charge of sea ports and oil handling
facilities under its jurisdiction to report without delay any event
involving a discharge or probable discharge of oil or the presence
of oil to the competent national authority;

(d) instruct its maritime inspection vessels or aircraft and other
appropriate services or officials to report without delay any
observed event at sea or at a sea port or oil handling facility
involving a discharge of oil or the presence of oil to the
competent national authority or, as the case may be, to the nearest
coastal State;

(e) request the pilots of civil aircraft to report without delay any
observed event at sea involving a discharge of oil or the presence
of oil to the nearest coastal State.

(2) Reports under paragraph (1)(a)(i) shall be made in accordance with
the requirements developed by the Organization and based on the
guidelines and general principles adopted by the Organization. Reports
under paragraph (1)(a)(ii), (b), (c) and (d) shall be made in accordance
with the guidelines and general principles adopted by the Organization to
the extent applicable.

ARTICLE 5

Action on receiving an oil pollution report

(1) Whenever a Party receives a report referred to in article 4 or
pollution information provided by other sources, it shall:

(a) assess the event to determine whether it is an oil pollution
incident;

(b) assess the nature, extent and possible consequences of the oil
pollution incident; and

(c) then, without delay, inform all States whose interests are affected
or likely to be affected by such oil pollution incident, together
with

(i) details of its assessments and any action it has taken, or
intends to take, to deal with the incident, and

(ii) further information as appropriate,

until the action taken to respond to the incident has been
concluded or until joint action has been decided by such States.

(2) When the severity of such oil pollution incident so justifies, the
Party should provide the Organization directly or, as appropriate,
through the relevant regional organization or arrangements with the
information referred to in paragraph (1)(b) and (c).

(3) When the severity of such oil pollution incident so justifies, other
States affected by it are urged to inform the Organization directly or,
as appropriate, through the relevant regional organizations or
arrangements of their assessment of the extent of the threat to their
interests and any action taken or intended.

(4) Parties should use, in so far as practicable, the oil pollution
reporting system developed by the Organization when exchanging
information and communicating with other States and with the
Organization.

ARTICLE 6

National and regional systems for preparedness and response

(1) Each Party shall establish a national system for responding promptly
and effectively to oil pollution incidents. This system shall include as
a minimum:

(a) the designation of:

(i) the competent national authority or authorities with
responsibility for oil pollution preparedness and response;

(ii) the national operational contact point or points, which shall
be responsible for the receipt and transmission of oil
pollution reports as referred to in article 4; and

(iii) an authority which is entitled to act on behalf of the State
to request assistance or to decide to render the assistance
requested;

(b) a national contingency plan for preparedness and response which
includes the organizational relationship of the various bodies
involved, whether public or private, taking into account guidelines
developed by the Organization.

(2) In addition, each Party, within its capabilities either individually
or through bilateral or multilateral co-operation and, as appropriate, in
co-operation with the oil and shipping industries, port authorities and
other relevant entities, shall establish:

(a) a minimum level of pre-positioned oil spill combating equipment,
commensurate with the risk involved, and programmes for its use;

(b) a programme of exercises for oil pollution response organizations
and training of relevant personnel;

(c) detailed plans and communication capabilities for responding to an
oil pollution incident. Such capabilities should be continuously
available; and

(d) a mechanism or arrangement to co-ordinate the response to an oil
pollution incident with, if appropriate, the capabilities to
mobilize the necessary resources.

(3) Each Party shall ensure that current information is provided to the
Organization, directly or through the relevant regional organization or
arrangements, concerning:

(a) the location, telecommunication data and, if applicable, areas of
responsibility of authorities and entities referred to in paragraph
(1)(a);

(b) information concerning pollution response equipment and expertise
in disciplines related to oil pollution response and marine salvage
which may be made available to other States, upon request; and

(c) its national contingency plan.

ARTICLE 7

International co-operation in pollution response

(1) Parties agree that, subject to their capabilities and the
availability of relevant resources, they will co-operate and provide
advisory services, technical support and equipment for the purpose of
responding to an oil pollution incident, when the severity of such
incident so justifies, upon the request of any Party affected or likely
to be affected. The financing of the costs for such assistance shall be
based on the provisions set out in the Annex to this Convention.

(2) A Party which has requested assistance may ask the Organization to
assist in identifying sources of provisional financing of the costs
referred to in paragraph (1).

(3) In accordance with applicable international agreements, each Party
shall take necessary legal or administrative measures to facilitate:

(a) the arrival and utilization in and departure from its territory of
ships, aircraft and other modes of transport engaged in responding
to an oil pollution incident or transporting personnel, cargoes,
materials and equipment required to deal with such an incident; and

(b) the expeditious movement into, through, and out of its territory of
personnel, cargoes, materials and equipment referred to in
subparagraph (a).

ARTICLE 8

Research and development

(1) Parties agree to co-operate directly or, as appropriate, through the
Organization or relevant regional organizations or arrangements in the
promotion and exchange of results of research and development programmes
relating to the enhancement of the state-of-the-art of oil pollution
preparedness and response, including technologies and techniques for
surveillance, containment, recovery, dispersion, clean-up and otherwise
minimizing or mitigating the effects of oil pollution, and for
restoration.

(2) To this end, Parties undertake to establish directly or, as
appropriate, through the Organization or relevant regional organizations
or arrangements, the necessary links between Parties’ research
institutions.

(3) Parties agree to co-operate directly or through the Organization or
relevant regional organizations or arrangements to promote, as
appropriate, the holding on a regular basis of international symposia on
relevant subjects, including technological advances in oil pollution
combating techniques and equipment.

(4) Parties agree to encourage, through the Organization or other
competent international organizations, the development of standards for
compatible oil pollution combating techniques and equipment.

ARTICLE 9

Technical co-operation

(1) Parties undertake directly or through the Organization and other
international bodies, as appropriate, in respect of oil pollution
preparedness and response, to provide support for those Parties which
request technical assistance:

(a) to train personnel;

(b) to ensure the availability of relevant technology, equipment and
facilities;

(c) to facilitate other measures and arrangements to prepare for and
respond to oil pollution incidents; and

(d) to initiate joint research and development programmes.

(2) Parties undertake to co-operate actively, subject to their national
laws, regulations and policies, in the transfer of technology in respect
of oil pollution preparedness and response.

ARTICLE 10

Promotion of bilateral and multilateral co-operation
in preparedness and response

Parties shall endeavour to conclude bilateral or multilateral
agreements for oil pollution preparedness and response. Copies of such
agreements shall be communicated to the Organization which should make
them available on request to Parties.

ARTICLE 11

Relation to other conventions and international agreements

Nothing in this Convention shall be construed as altering the rights
or obligations of any Party under any other convention or international
agreement.
ARTICLE 12

Institutional arrangements

(1) Parties designate the Organization, subject to its agreement and the
availability of adequate resources to sustain the activity, to perform
the following functions and activities:

(a) information services:

(i) to receive, collate and disseminate on request the
information provided by Parties (see, for example, articles
5(2) and (3), 6(3) and 10) and relevant information provided
by other sources; and

(ii) to provide assistance in identifying sources of provisional
financing of costs (see, for example, article 7(2));

(b) education and training:

(i) to promote training in the field of oil pollution
preparedness and response (see, for example, article 9); and

(ii) to promote the holding of international symposia (see, for
example, article 8(3));

(c) technical services:

(i) to facilitate co-operation in research and development (see,
for example, articles 8(1), (2) and (4) and 9(1)(d));

(ii) to provide advice to States establishing national or regional
response capabilities; and

(iii) to analyse the information provided by Parties (see, for
example, articles 5(2) and (3), 6(3) and 8(1)) and relevant
information provided by other sources and provide advice or
information to States;

(d) technical assistance:

(i) to facilitate the provision of technical assistance to States
establishing national or regional response capabilities; and

(ii) to facilitate the provision of technical assistance and
advice, upon the request of States faced with major oil
pollution incidents.

(2) In carrying out the activities specified in this article, the
Organization shall endeavour to strengthen the ability of States
individually or through regional arrangements to prepare for and combat
oil pollution incidents, drawing upon the experience of States, regional
agreements and industry arrangements and paying particular attention to
the needs of developing countries.

(3) The provisions of this article shall be implemented in accordance
with a programme developed and kept under review by the Organization.

ARTICLE 13

Evaluation of the Convention

Parties shall evaluate within the Organization the effectiveness of
Convention in the light of its objectives, particularly with respect to
the principles underlying co-operation and assistance.

ARTICLE 14

Amendments

(1) This Convention may be amended by one of the procedures specified in
the following paragraphs.

(2) Amendment after consideration by the Organization:

(a) Any amendment proposed by a Party to the Convention shall be
submitted to the Organization and circulated by the
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration.

(b) Any amendment proposed and circulated as above shall be submitted
to the Marine Environment Protection Committee of the Organization
for consideration.

(c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the proceedings
of the Marine Environment Protection Committee.

(d) Amendments shall be adopted by a two-thirds majority of only the
Parties to the Convention present and voting.

(e) If adopted in accordance with subparagraph (d), amendments shall be
communicated by the Secretary-General to all Parties to the
Convention for acceptance.

(f) (i) An amendment to an article or the Annex of the Convention
shall be deemed to have been accepted on the date on which it
is accepted by two thirds of the Parties.

(ii) An amendment to an appendix shall be deemed to have been
accepted at the end of a period to be determined by the
Marine Environment Protection Committee at the time of its
adoption, which period shall not be less than ten months,
unless within that period an objection is communicated to the
Secretary-General by not less than one third of the Parties.

(g) (i) An amendment to an article or the Annex of the Convention
accepted in conformity with subparagraph (f)(i) shall enter
into force six months after the date on which it is deemed to
have been accepted with respect to the Parties which have
notified the Secretary-General that they have accepted it.

(ii) An amendment to an appendix accepted in conformity with
subparagraph (f)(ii) shall enter into force six months after
the date on which it is deemed to have been accepted with
respect to all Parties with the exception of those which,
before that date, have objected to it. A Party may at any
time withdraw a previously communicated objection by
submitting a noification to that effect to the
Secretary-General.

(3) Amendment by a Conference:

(a) Upon the request of a Party, concurred with by at least one third
of the Parties, the Secretary-General shall convene a Conference of
Parties to the Convention to consider amendments to the Convention.

(b) An amendment adopted by such a Conference by a two-thirds majority
of those Parties present and voting shall be communicated by the
Secretary-General to all Parties for their acceptance.

(c) Unless the Conference decides otherwise, the amendment shall be
deemed to have been accepted and shall enter into force in
accordance with the procedures specified in paragraph (2)(f) and
(g).

(4) The adoption and entry into force of an amendment constituting an
addition of an Annex or an appendix shall be subject to the procedure
applicable to an amendment to the Annex.

(5) Any Party which has not accepted an amendment to an article or the
Annex under paragraph (2)(f)(i) or an amendment constituting an addition
of an Annex or an appendix under paragraph (4) or has communicated an
objection to an amendment to an appendix under paragraph (2)(f)(ii) shall
be treated as a non-Party only for the purpose of the application of such
amendment. Such treatment shall terminate upon the submission of a
notification of acceptance under paragraph (2)(f)(i) or withdrawal of the
objection under paragraph (2)(g)(ii).

(6) The Secretary-General shall inform all Parties of any amendment which
enters into force under this article, together with the date on which the
amendment enters into force.

(7) Any notification of acceptance of, objection to, or withdrawal of
objection to, an amendment under this article shall be communicated in
writing to the Secretary-General who shall inform Parties of such
notification and the date of its receipt.

(8) An appendix to the Convention shall contain only provisions of a
technical nature.

ARTICLE 15

Signature, ratification, acceptance, approval and accession

(1) This Convention shall remain open for signature at the Headquarters
of the Organization from 30 November 1990 until 29 November 1991 and
shall thereafter remain open for accession. Any State may become Party
to this Convention by:

(a) signature without reservation as to ratification, acceptance or
approval; or

(b) signature subject to ratification, acceptance or approval, followed
by ratification, acceptance or approval; or

(c) accession.

(2) Ratification, acceptance, approval or accession shall be effected by
the deposit of an instrument to that effect with the Secretary-General.

ARTICLE 16

Entry into force

(1) This Convention shall enter into force twelve months after the date
on which not less than fifteen States have either signed it without
reservation as to ratification, acceptance or approval or have deposited
the requisite instruments of ratification, acceptance, approval or
accession in accordance with article 15.

(2) For States which have deposited an instrument of ratification,
acceptance, approval or accession in respect of this Convention after the
requirements for entry into force thereof have been met but prior to the
date of entry into force, the ratification, acceptance, approval or
accession shall take effect on the date of entry into force of this
Convention or three months after the date of deposit of the instrument,
whichever is the later date.

(3) For States which have deposited an instrument of ratification,
acceptance, approval or accession after the date on which this Convention
entered into force, this Convention shall become effective three months
after the date of deposit of the instrument.

(4) After the date on which an amendment to this Convention is deemed to
have been accepted under article 14, any instrument of ratification,
acceptance, approval or accession deposited shall apply to this
Convention as amended.

ARTICLE 17

Denunciation

(1) This Convention may be denounced by any Party at any time after the
expiry of five years from the date on which this Convention enters into
force for that Party.

(2) Denunciation shall be effected by notification in writing to the
Secretary-General.

(3) A denunciation shall take effect twelve months after receipt of the
notification of denunciation by the Secretary-General or after the expiry
of any longer period which may be indicated in the notification.

ARTICLE 18

Depositary

(1) This Convention shall be deposited with the Secretary-General.

(2) The Secretary-General shall:

(a) inform all States which have signed this Convention or acceded
thereto of:

(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession, together
with the date thereof;

(ii) the date of entry into force of this Convention; and

(iii) the deposit of any instrument of denunciation of this
Convention together with the date on which it was received
and the date on which the denunciation takes effect;

(b) transmit certified true copies of this Convention to the
Governments of all States which have signed this Convention or
acceded thereto.

(3) As soon as this Convention enters into force, a certified true copy
thereof shall be transmitted by the depositary to the Secretary-General
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.

ARTICLE 19

Languages

This Convention is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each text being
equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments for that purpose, have signed this Convention.

DONE AT London this thirtieth day of November one thousand nine
hundred and ninety.

ANNEX

Reimbursement of costs of assistance

(1)
(a) Unless an agreement concerning the financial arrangements governing
actions of Parties to deal with oil pollution incidents has been
concluded on a bilateral or multilateral basis prior to the oil
pollution incident, Parties shall bear the costs of their
respective actions in dealing with pollution in accordance with
subparagraph (i) or subparagraph (ii).

(i) If the action was taken by one Party at the express request
of another Party, the requesting Party shall reimburse to the
assisting Party the cost of its action. The requesting Party
may cancel its request at any time, but in that case it shall
bear the costs already incurred or committed by the assisting
Party.

(ii) If the action was taken by a Party on its own initiative,
this Party shall bear the costs of its action.

(b) The principles laid down in subparagraph (a) shall apply unless the
Parties concerned otherwise agree in any individual case.

(2) Unless otherwise agreed, the costs of action taken by a Party at the
request of another Party shall be fairly calculated according to the law
and current practice of the assisting Party concerning the reimbursement
of such costs.

(3) The Party requesting assistance and the assisting Party shall, where
appropriate, co-operate in concluding any action in response to a
compensation claim. To that end, they shall give due consideration to
existing legal regimes. Where the action thus concluded does not permit
full compensation for expenses incurred in the assistance operation, the
Party requesting assistance may ask the assisting Party to waive
reimbursement of the expenses exceeding the sums compensated or to reduce
the costs which have been calculated in accordance with paragraph (2).
It may also request a postponement of the reimbursement of such costs.
In considering such a request, assisting Parties shall give due
consideration to the needs of the developing countries.

(4) The provisions of this Convention shall not be interpreted as in any
way prejudicing the rights of Parties to recover from third parties the
costs of actions to deal with pollution or the threat of pollution under
other applicable provisions and rules of national and international law.
Special attention shall be paid to the 1969 International Convention on
Civil Liability for Oil Pollution Damage and the 1971 International
Convention on the Establishment of an International Fund for Compensation
for Oil Pollution Damage or any subsequent amendment to those
Conventions.

ATTACHMENT

CONFERENCE RESOLUTION 1

REFERENCES TO INSTRUMENTS AND OTHER DOCUMENTS DEVELOPED BY
THE INTERNATIONAL MARITIME ORGANIZATION UNDER ARTICLES
OF THE INTERNATIONAL CONVENTION OF OIL POLLUTION
PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

RECOGNIZING that the measures introduced by the OPRC Convention take
into account the provisions of other important conventions developed by
the International Maritime Organization, in particular the International
Convention for the Prevention of Pollution from Ships, 1973, as modified
by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78),

RECOGNIZING ALSO the need for the OPRC Convention to supplement and
not to duplicate the important provisions adopted by, or under the
auspices of, the Organization, such as those contained in MARPOL 73/78,
guidelines and manuals,

NOTING that articles 3 4, 5 and 6 of the OPRC Convention in particular
refer to certain provisions in MARPOL 73/78 and other documents developed
by the Organization,

1. ADOPTS the list containing references to the instruments and other
documents developed by the Organization under the relevant articles of
the OPRC Convention, as set out in the annex to this resolution;

2. INVITES the Marine Environment Protection Committee of the
Organization to keep the list up to date;

3. REQUESTS the Secretary-General of the Organization to include these
references, updated as necessary, in future editions of the publications
of the OPRC Convention in the form of footnotes to the relevant articles.

ANNEX

REFERENCES IN THE OPRC CONVENTION

Article 3(1)(a)

“The provisions adopted by the Organization” refers to regulation 26
of Annex I of MARPOL 73/78.

Article 3(1)(b)

“Existing international arrangements” refers to articles 5 and 7 of
MARPOL 73/78.

Article 4(2)

“The requirements developed by the Organization” refers to articles
8 and Protocol I of MARPOL 73/78.

“Guidelines and general principles adopted by the Organization”
refers to “General principles for ship reporting system and ship
reporting requirements, including guidelines for reporting incidents
involving dangerous goods, harmful substances and/or marine pollutants”
adopted by the Organization by resolution A.648(16).

Article 5(4)

“The oil pollution reporting system developed by the Organization”
is contained in the Manual on Oil Pollution, section II – Contingency
Planning, appendix 2, developed by the Marine Environment Protection
Committee of the Organization.

Article 6(1)(b)

“Guidelines developed by the Organization” are contained in the
Manual on Oil Pollution, section II – Contingency Planning, developed by
the Marine Environment Protection Committee of the Organization.

CONFERENCE RESOLUTION 2

IMPLEMENTATION OF THE INTERNATIONAL CONVENTION ON OIL POLLUTION
PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990
PENDING ITS ENTRY INTO FORCE

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

RECOGNIZING the continuing risk of a major oil pollution incident and
the serious environmental consequences which may arise therefrom,

CONVINCED of the importance of co-operation among States in the
exchange of information and assistance respecting oil pollution
preparedness and response,

MINDFUL of the particular vulnerability of those countries which do
not have ready access to information and advice on oil pollution
preparedness and response,

RECOGNIZING FURTHER that it is desirable for each country at risk from
oil pollution incidents to establish a national system for combating oil
pollution,

DESIRING that the provisions of the OPRC Convention should become
effective as soon as possible so as to facilitate international
co-operation in oil pollution preparedness and response,

1. CALLS UPON all States, including those that have not participated in
this Conference, to sign and to become Parties to the OPRC Convention and
to implement its provisions as soon as possible;

2. URGES all States to establish, as soon as and to the extent possible,
national systems for combating oil pollution;

3. URGES FURTHER all States, pending the entry into force of the OPRC
Convention for them, to co-operate among themselves and with the
International Maritime Organization, as appropriate, in exchanging oil
pollution combating information and in facilitating prompt assistance in
the event of a major oil pollution incident.

CONFERENCE RESOLUTION 3

EARLY IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 12
OF THE INTERNATIONAL CONVENTION ON OIL POLLUTION
PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

NOTING the provisions of resolution A.448(XI) of the Assembly of the
International Maritime Organization on regional arrangements for
combating major incidents or threats of marine pollution, and further
Assembly resolutions on technical assistance in the field of protection
of the marine environment (A.349(IX), A.677(16)),

NOTING ALSO, in particular, that article 12 of the OPRC Convention by
which the Parties designated IMO, subject to its agreement and the
availability of adequate resources to sustain the activity, to carry out
certain functions and activities and to meet certain objectives of the
OPRC Convention,

NOTING FURTHER the importance of taking account of the experience
gained within regional agreements on combating marine pollution as
referred to in Assembly resolution A.674(16),

RECOGNIZING the importance of early implementation of the objectives
of article 12 of the OPRC Convention,

1. INVITES the Secretary-General of the Organization, pending the entry
into force of the OPRC Convention, to initiate the early implementation
of functions and activities in order to meet the objectives in article
12(1)(a) and (b) of the OPRC Convention within available resources;

2. INVITES the Organization to provide a forum for discussion of
experiences gained within regional conventions and agreements concerning
combating oil pollution incidents;

3. REQUESTS the Secretary-General to present to the Organization, within
one year of this Conference, a programme which indicates the way in which
the Organization contemplates carrying out the duties mentioned in this
Convention, and which would include such elements as re-allocating
available resources, examining and developing alternative organizational
arrangements, and determining financial implications and possible sources
of support;

4. INVITES FURTHER the Organization to review periodically progress made
in implementing article 12 of the OPRC Convention.

CONFERENCE RESOLUTION 4

IMPLEMENTATION OF THE PROVISIONS OF ARTICLE 6 OF THE INTERNATIONAL
CONVENTION ON OIL POLLUTION PREPAREDNESS,
RESPONSE AND CO-OPERATION, 1990

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

RECOGNIZING the importance of the “polluter pays” principle,

NOTING that article 6 of the OPRC Convention provides that the Parties
shall establish a national system comprising a contingency plan and shall
set up, either individually or in co-operation with other Parties,
arrangements comprising, in particular, response equipment and a training
programme,

BEING AWARE that, in the event of an oil pollution incident, measures
taken immediately by the State under threat are essential and are likely,
in the initial phase, to be the most effective in protecting its coasts
and minimizing the potential damage caused by such an incident,

EMPHASIZING that when international assistance is requested by the
State under threat, the dispatch of personnel and equipment may require
some time as a result of distance,

EMPHASIZING FURTHER that the effectiveness of assistance depends on
measures taken to prepare for response and to train personnel to put into
effect the national contingency plan of the State under threat,

BEARING IN MIND that the financial resources available to some
developing countries are limited,

RECOGNIZING ALSO that measures taken to prepare for response
necessitate specific financial aid, made available for that purpose, for
the benefit of the developing countries,

1. INVITES Parties to give due consideration, in their bilateral and
multilateral co-operation programmes, and on fair terms, to the needs of
the developing countries arising from the implementation of the OPRC
Convention;

2. INVITES ALSO the Secretary-General of the Organization to give his
support in identifying international bodies that might provide specific
sources of financing to assist the developing countries in carrying out
the obligations arising from the OPRC Convention.

CONFERENCE RESOLUTION 5

ESTABLISHMENT OF OIL POLLUTION COMBATING EQUIPMENT STOCKPILES

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

NOTING article 6(2)(a) of the OPRC Convention which provides that each
Party shall establish, within its capabilities, either individually or
through bilateral or multilateral co-operation and, as appropriate, in
co-operation with the oil and shipping industries and other entities, a
system which includes a minimum level of pre-positioned oil spill
combating equipment, and programmes for its use,

NOTING ALSO that one of the fundamental elements of the International
Maritime Organization’s strategy for the protection of the marine
environment is to strengthen the capacity for national and regional
action to combat marine pollution and to promote technical co-operation
to this end,

RECOGNIZING that in the event of an oil spill or threat thereof,
prompt and effective action should be taken initially at the national
level to organize and co-ordinate prevention, mitigation and clean-up
activities,

RECOGNIZING ALSO that one of the basic principles used for providing
funds following pollution damage is the “polluter pays” principle,

RECOGNIZING FURTHER the importance of mutual co-operation and
assistance in combating major oil pollution incidents which may be beyond
the capability of individual countries and the need to enhance the oil
spill combating equipment available in certain regions of the world
particularly vulnerable to a major oil pollution incident either because
of the high density of vessel traffic or particularly sensitive
ecological conditions,

ACKNOWLEDGING the activities of the Organization, in co-operation with
donor countries and industry, in establishing oil spill combating
equipment stockpiles or centres in areas where developing countries in
particular are vulnerable to or at risk from a major oil pollution
incident,

INVITES the Secretary-General of the Organization, in consultation
with the Executive Director of the United Nations Environment Programme,
to approach the oil and shipping industries with a view to:

(a) encouraging further co-operation in order to assist developing
countries to implement article 6 of the OPRC Convention, including
an assessment of the need for oil spill combating equipment
stockpiles on a regional or subregional basis in addition to those
already established;

(b) developing a plan on the establishment of oil spill combating
equipment stockpiles on a regional or subregional basis, in order
to assist developing countries in implementing article 6(2)(a) of
the OPRC Convention.

CONFERENCE RESOLUTION 6

PROMOTION OF TECHNICAL ASSISTANCE

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

NOTING that key elements in the success of any action to combat marine
pollution are good administrative organization in the countries concerned
in this field and at least a minimum of technical preparation,

BEING AWARE of the difficulties that may be encountered by certain
developing countries in establishing such organization and preparation
through their own resources,

RECOGNIZING the role played in this connection by the International
Maritime Organization, by regional agreements, by bilateral co-operation
and by industry programmes,

RECOGNIZING ALSO the contribution made by the Organization’s technical
co-operation programme, the United Nations Development Programme, the
United Nations Environment Programme and national aid agencies in this
regard,

NOTING ALSO resolution A.677(16) which invites the Secretary-General
of the Organization to undertake on a priority basis an evaluation of
problems faced by developing countries with a view to formulating the
long-term objectives of the Organization’s technical assistance programme
in the environmental field, and to report the outcome to the seventeenth
session of the Assembly of the Organization,

NOTING FURTHER the convening of an advisory group by the
Secretary-General for this purpose,

1. REQUESTS Member States of the Organization, in co-operation with the
Organization when appropriate, other interested States, competent
international or regional organizations and industry programmes, to
strengthen action to assist developing countries especially in:

(a) the training of personnel,

(b) ensuring the availability of relevant technologies, equipment and
facilities,

necessary for oil pollution preparedness and response, so as to enable
them to establish at least the minimum structures and resources for
combating oil pollution incidents commensurate with the perceived risks
of such incidents;

2. REQUESTS ALSO Member States, in co-operation with the Organization
when appropriate, other interested States, competent international or
regional organizations and industry programmes, to strengthen action to
assist developing countries in the initiation of joint research and
development programmes;

3. URGES Member States to contribute to such actions without delay,
inter alia through bilateral or multilateral co-operation;

4. REQUESTS FURTHER the Organization to re-evaluate the principles
underlying co-operation and assistance in articles 7, 8 and 9 of the OPRC
Convention in the light of the 1992 United Nations Conference on
Environment and Development.

CONFERENCE RESOLUTION 7

DEVELOPMENT AND IMPLEMENTATION OF A TRAINING PROGRAMME
FOR OIL POLLUTION PREPAREDNESS AND RESPONSE

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

NOTING that a key element in the International Maritime Organization’s
strategy for protection of the marine environment is the enhancement of
the capacity for national and regional action to prevent, control, combat
and mitigate marine pollution and to promote technical co-operation to
this end,

BEING AWARE that the capability of a State to respond to an oil
pollution incident depends on the availability of oil spill combating
equipment as well as of trained oil spill response personnel,

RECOGNIZING the role of the Organization in organizing national,
regional and global training courses and in developing training aids
aimed at providing the necessary technical expertise, in particular for
developing countries, in the field of combating incidents of marine
pollution,

RECOGNIZING ALSO the role of the World Maritime University and its
branches in providing high-level training facilities for personnel, in
particular from developing countries,

RECOGNIZING FURTHER the support of the United Nations Development
Programme, the United Nations Environment Programme and several Member
States of the Organization for the training component of the
Organization’s technical co-operation programme,

CONSIDERING the need for an increased global effort by all those
concerned with the maritime transport of oil and its environmental impact
toward the development of a global training programme in oil pollution
preparedness and response,

1. INVITES the Secretary-General of the Organization, in co-operation
with interested Governments, relevant international and regional
organizations and oil and shipping industries, to endeavour to develop a
comprehensive training programme in the field of oil pollution
preparedness and response;

2. INVITES ALSO the Marine Environment Protection Committee of the
Organization, on the basis of proposals made by the Secretary-General, to
consider and endorse, as appropriate, such training programme on oil
pollution preparedness and response;

3. INVITES FURTHER Member States of the Organization to endeavour to
make available the expertise necessary for the development and
implementation of the training programme.

CONFERENCE RESOLUTION 8

IMPROVING SALVAGE SERVICES

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990,

CONSIDERING the need to ensure that sufficient salvage capacity is
available on a world-wide basis and to appreciate and reward the salvor’s
preventive function as to marine pollution,

RECALLING that the 1989 International Convention on Salvage, by which
incentives for salvors to prevent marine pollution by their salvage
operations have been introduced, has not yet entered into force,

NOTING WITH INTEREST that the Third International Conference on the
Protection of the North Sea decided on 8 March 1990 to take concerted
action within the International Maritime Organization with the aim of
ensuring sufficient salvage capacity on a world-wide basis,

RECOGNIZING the expertise and experience of salvors in operating the
salvage service efficiently on an international basis,

RECOGNIZING FURTHER the essential role of salvors in response to
casualties causing or likely to cause marine pollution,

BEARING IN MIND that there are indications that a considerable
percentage of suitable salvage capacity may no longer be available for
salvage purposes,

BEING AWARE of the need for sufficient salvage capacity along the main
shipping routes of international traffic of oil and other harmful
substances,

1. URGES States to ratify or accede to the 1989 International Convention
on Salvage as soon as possible;

2. REQUESTS Member States of the Organization to review the salvage
capacity available to them and to report to the Organization not later
than one year after the Conference on their public and private salvage
capabilities which are suitable to carry out salvage operations in order
to prevent or minimize damage to the marine environment;

3. REQUESTS Member States whose coasts have been threatened or damaged
by marine pollution incidents to report to the Organization on any
appropriate measures they have taken to utilize salvage capacities in
response to such incidents;

4. REQUESTS the Secretary-General of the Organization to consult the
International Salvage Union, salvors, insurers, shipowners and the oil
industry on the present and future availability of salvage capacity and
to report his findings to the Marine Environment Protection Committee of
the Organization.

CONFERENCE RESOLUTION 9

CO-OPERATION BETWEEN STATES AND INSURERS

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990,

BEING AWARE of the difficulties that may be encountered by a State
affected by a pollution incident in obtaining useful and necessary
information for pollution combating,

RECOGNIZING the potential role of insurers’ advisors and technical
experts in providing such information,

CONVINCED that it is desirable to establish close co-operation between
the State that has suffered pollution and the insurers,

REQUESTS insurers’ technical experts and advisors to co-operate with
States in order to exchange technical information to allow effective
response in the event of an oil pollution incident.

CONFERENCE RESOLUTION 10

EXPANSION OF THE SCOPE OF THE INTERNATIONAL CONVENTION ON OIL
POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990,
TO INCLUDE HAZARDOUS AND NOXIOUS SUBSTANCES

THE CONFERENCE,

HAVING ADOPTED the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (the OPRC Convention),

NOTING article 38(a) of the Convention on the International Maritime
Organization relating to the function of the Marine Environment
Protection Committee of the Organization concerning the performance of
such functions as are or may be conferred upon the Organization by or
under international conventions,

RECOGNIZING that pollution of the sea by accidental discharge of
hazardous and noxious substances into the waters may threaten the marine
environment and the interests of coastal States,

RECOGNIZING ALSO the existence of international instruments dealing
with the carriage of hazardous materials and Assembly resolution
A.676(16) on the transboundary movement of hazardous wastes,

BEARING IN MIND ALSO that many of the existing regional conventions
and agreements on co-operation in combating marine pollution incidents
apply both to oil and to other harmful substances,

CONSIDERING it desirable that the scope of the OPRC Convention should
be expanded to apply, either in whole or in part, to marine pollution
incidents involving hazardous and noxious substances,

CONSIDERING ALSO that it is desirable that, to the extent feasible and
where appropriate, the OPRC Convention be applied by Parties thereto to
marine pollution incidents involving hazardous and noxious substances
other than oil,

BELIEVING that the ways and means of responding to a marine pollution
incident involving hazardous and noxious substances are different in
certain important respects from those available for oil pollution
preparedness and response,

RECOGNIZING FURTHER the ongoing work of the Organization concerning
the development of an international legal regime for liability and
compensation, in connection with the carriage of hazardous and noxious
substances by sea and the need for early adoption of a convention on this
subject,

1. INVITES the International Maritime Organization to initiate work to
develop an appropriate instrument to expand the scope of the OPRC
Convention to apply, in whole or in part, to pollution incidents by
hazardous substances other than oil and prepare a proposal to this end;

2. URGES Parties to the OPRC Convention to apply the appropriate
provisions of the Convention to the extent feasible and where appropriate
to hazardous and noxious substances, pending the adoption and entry into
force of an instrument to cover these substances.