IMO I550E-1991 OPRC CONVENTION - INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS RESPONSE AND CO-OPERATION 1990.pdf

1、OPRC CONVENTION lNTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990 OPRC CONVENTION INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990 INTERNATIONAL MARITIME ORGANIZATION London, 1991 First published in 1991 by the INTERNATIONA

2、L MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Printed by the International Maritime Organization, London 10 ISBN 92-801 -1267-8 I IMO PUBLICATION I I Sales number: I550E I Copyright 0 IMO 1991 All rights reserved. No part ofthis pirblication may be reproduced, stored in a retrieval sys

3、tem or transmitted in anyjom or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior pemission in wntingjrom the International Maritime Organization. Foreword By resolution A.674(16) of 19 October 1989, the Assembly of the International Maritim

4、e Organization (IMO), recognizing the severity of recent oil pollution incidents, decided to convene an international conference on oil pollution preparedness and response. The Organizations Marine Environment Protection Committee (MEPC) was requested by the Assembly to develop, for consideration by

5、 such conference, an international convention on oil pollution preparedness and response which would provide the framework for international co- operation for combating major oil pollution incidents, taking into account the experience gained within existing regional arrangements dealing with these m

6、atters. Pursuant to this directive, the draft international convention and relevant resolutions were considered by a working group established by MEPC at its twenty-ninth session in March 1990 and a Preparatory Meeting in May 1990 which agreed on a draft convention on oil pollution preparedness and

7、response and related draft resolutions. In accordance with the decision of the Assembly, the diplomatic conference was convened by IMO and held in London at its Headquarters from 19 to 30 November 1990. In addition to the Final Act, the Conference adopted the International Convention on Oil Pollutio

8、n Preparedness, Response and Co-operation, 1990. The Conference also adopted ten resolutions which are contained in the Attachment to the Final Act. This publication reproduces the texts of the Final Act of the Conference, including its Attachment, and the International Convention on Oil Pollution P

9、reparedness, Response and Co-operation, 1990. Pursuant to resolution 1 adopted by the Conference, the Secretariat has included as footnotes references to the instruments and other documents developed by IMO under articles 3, 4, 5 and 6 of the Convention. It should be noted that regulation 26 of Anne

10、x I of MARPOL 73/78 referred to in the footnote to article 3(1) is the subject of a proposed amendment to MARPOL 73/78 which it is anticipated will be adopted by the Marine Environment Protection Committee at its thirty-first session in July 1991. . Ill CONTENTS Foreword Final Act of the Conference

11、on International Co-operation on Oil Pollution Preparedness and Response International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 . Attachment to the Final Act - resolutions adopted by the Conference Resolution 1 - References to instruments and other docu- ments develo

12、ped by the International Maritime Organization under articles of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 Resolution 2 - Implementation of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 pending its entry

13、into force . Resolution 3 - Early implementation of the provisions of article 12 of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. . Resolution 4 - Implementation of the provisions of article 6 of the International Convention on Oil Pollution Preparednes

14、k, Response and Co- operation, 1990 Resolution 5 - Establishment of oil pollution combating equipment stockpiles. . Resolution 6 - Promotion of technical assistance . Resolution 7 - Development and implementation of a training programme for oil pollution preparedness and response . Page iii 1 7 23 2

15、3 25 26 28 29 31 33 V Previous page is blank Resolution 8 - Improving salvage services . . . . . . . . . . . . 35 Resolution 9 - Co-operation between States and insurers 37 Resolution 10 - Expansion of the scope of the International Convention on Oil Pollution Preparedness, Response and Co-operation

16、, 1990 to include hazardous and noxious substances . . . . 38 vi FINAL ACT OF THE CONFERENCE ON PREPAREDNESS AND RESPONSE INTERNATIONAL CO-OPERATION ON OIL POLLUTION 1 In accordance with Article 2(b) of the Convention on the International Maritime Organization, the Assembly of the Organization at it

17、s sixteenth regular session decided, by adoption of resolution A.674(16) of 19 October 1989, to convene an international conference to consider the adoption of an international convention on oil pollution preparedness and response. 2 In this connection, by adoption of resolution A.644(16) of 19 Octo

18、ber 1989 on the work programme and budget for the sixteenth financial period 1990-1991, the Assembly at the above-mentioned session noted that the Government of the United States had kindly agreed to provide the necessary funds for one preparatory meeting and for a one-week diplomatic conference. 3

19、Subsequently, the Organization was informed that the Government of Japan and the Japan Shipbuilding Industry Foundation had kindly agreed to provide additional funding in order that the duration of the diplomatic conference could be extended to two weeks. 4 International Maritime Organization from 1

20、9 to 30 November 1990. The Conference was held in London, at the Headquarters of the 5 the representatives of: Representatives of 90 States participated in the Conference, namely ALGERIA ANTIGUA AND BARBUDA ARGENTINA AUSTRALIA BAHAMAS BAHRAIN BANGLADESH BARBADOS BELGIUM BRAZIL CAMBODIA CAMEROON CANA

21、DA CAPE VERDE CHILE CHINA COSTA RICA COTE DIVOIRE CYPRUS DEMOCRATIC PEOPLES REPUBLIC OF KOREA DENMARK ECUADOR EGYPT EL SALVADOR ETHIOPIA FIJI FINLAND FRANCE GABON GERMANY GHANA 1 GREECE GRENADA GUINEA ICELAND INDIA INDONESIA IRAN (ISLAMIC REPUBLIC ITALY JAPAN JORDAN KENYA KUWAIT LEBANON LIBERIA MALA

22、WI MALAYSIA MALDIVES MALTA MARSHALL ISLANDS MAURITIUS MEXICO MONACO MOROCCO MYANMAR NETHERLANDS NEW ZEALAND NIGERIA NORWAY PAKISTAN PERU PHILIPPINES OF) POLAND PORTUGAL REPUBLIC OF KOREA ROMANIA SAINT LUCIA SAINT VINCENT AND THE GRENADINES SAUDI ARABIA SENEGAL SEYCHELLES SINGAPORE SPAIN SUDAN SWEDEN

23、 THAILAND TRINIDAD AND TOBAGO TUNISIA TURKEY UGANDA UKRAINIAN SOVIET SOCIALIST UNION OF SOVIET SOCIALIST UNITED KINGDOM OF GREAT BRITAIN UNITED REPUBLIC OF TANZANIA UNITED STATES OF AMERICA URUGUAY VANUATU VENEZUELA VIET NAM ZAIRE REPUBLIC REPUBLICS AND NORTHERN IRELAND 6 The following States sent o

24、bservers to the Conference: CUBA GUATEMALA YUGOSLAVIA 7 Organization, sent an observer to the Conference. HONG KONG, an Associate Member of the International Maritime 8 the Conference: Representatives of the following bodies of the United Nations attended UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP)

25、UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION (UNIDO) 2 UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGA- NIZATION (UNESCO) INTERGOVERNMENTAL OCEANOGRAPHIC COMMISSION (IOC) 9 to the Conference: The following four intergovernmental organizations sent observers ORGANISATION FOR ECONOMIC C

26、O-OPERATION AND DEVELOPMENT (OECD) COMMISSION OF THE EUROPEAN COMMUNITIES (EEC) INTERNATIONAL OIL POLLUTION COMPENSATION FUND (IOPC FUND) HELSINKI COMMISSION (HELCOM) 10 observers to the Conference: The following nine non-governmental international organizations sent INTERNATIONAL CHAMBER OF SHIPPIN

27、G (ICS) INTERNATIONAL MARITIME COMMITTEE (CMI) INTERNATIONAL ASSOCIATION OF PORTS AND HARBORS (IAPH) INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETIES (IACS) OIL COMPANIES INTERNATIONAL MARINE FORUM (OCIMF) OIL INDUSTRY INTERNATIONAL EXPLORATION AND PRODUCTION INTERNATIONAL ASSOCIATION OF INDEPE

28、NDENT TANKER OWNERS INTERNATIONAL TANKER OWNERS POLLUTION FEDERATION LIMITED ADVISORY COMMITTEE ON POLLUTION OF THE SEA (ACOPS) FORUM E and 4 - draft Conference resolutions prepared by the preparatory meeting. 19 The Conference also considered proposals and comments on the above-mentioned documents

29、submitted to the Conference by Governments and interested organizations. 20 As a result of its deliberations, the Conference adopted the: INTERNATIONAL CONVENTION ON OIL POLLUTION PREPARED- NESS, RESPONSE AND CO-OPERATION, 1990. 21 The Conference further adopted the following resolutions: 1 2 3 4 5

30、6 7 8 9 10 References to instruments and other documents developed by the International Maritime Organization under articles of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 Implementation of the International Convention on Oil Pollution Preparedness, Re

31、sponse and Co-operation, 1990 pending its entry into force Early implementation of the provisions of article 12 of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 Implementation of the provisions of article 6 of the International Convention on Oil Pollutio

32、n Preparedness, Response and Co- operation, 1990 Establishment of oil pollution combating equipment stockpiles Promotion of technical assistance Development and implementation of a training programme for oil pollution preparedness and response Improving salvage services Co-operation between States a

33、nd insurers Expansion of the scope of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 to include hazardous and noxious substances These resolutions are contained in the Attachment to this Final Act. 22 This Final Act is established in a single original tex

34、t in the Arabic, Chinese, English, French, Russian and Spanish languages which is to be deposited with the Secretary-General of the International Maritime Organization. 5 23 The Secretary-General shall send certified copies of this Final Act with its Attachment and certified copies of the authentic

35、text of the Convention to the Governments of the States invited to be represented at the Conference, in accordance with the wishes of those Governments. IN WITNESS WHEREOF the undersigned* have affixed their signature to this Final Act. DONE AT LONDON this thirtieth day of November, one thousand nin

36、e hundred and ninety. * Signatures omitted. 6 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 se

37、rious 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 e

38、xisting 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

39、 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 minimiz

40、e 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 c

41、o-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 c

42、oastline 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, 7 TAKING ACCOUNT ALSO of the importance of internat

43、ional 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

44、); 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 th

45、e 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

46、 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 undert

47、ake, 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 t

48、his 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 adopti

49、on of appropriate measures not impairing the operations or operationa1,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. 8 ARTICLE 2 Definitions For the purposes of this Convention: (1) oil refuse and refined products. Oil means petroleum in any form including crude oil, fuel oil, sludge, (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