1、 OPRC-HNS PROTOCOL Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 Including the Final Act of the OPRC-HNS Conference, 2000, and resolutions of the Conference INTERNATIONAL MARITIM E ORGANIZATION London, 2002 First published in 200
2、2 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Printed by the International Maritime Organization, London 2 4 6 8 10 9 7 5 3 1 ISBN 92-801-5136-3 IMO PUBLICATION Sales number: 1556E Copyright 0 IMO 2002 A/ rights reserved. No part of thrs publication may, for sales
3、purposes, be produced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writing from the International Maritime Organization. Foreword By resolution 1 O, the 1990 Conf
4、erence on International Co-operation on Oil Pollution Preparedness and Response invited the International Maritime Organization to initiate work to develop an appropriate instrument to expand the scope of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, to
5、 apply, in whole or in part, to pollution incidents by hazardous substances other than oil and prepare a proposal to this end. Pursuant to this resolution, the Marine Environment Protection Committee prepared and, at its forty-second session in November 1998, adopted in principle a draft protocol on
6、 preparedness, response and co-operation to pollution incidents by hazardous and noxious substances. Together with the OPRC Convention, the OPRC-HNS Protocol will provide a framework for international co-operation in establishing systems for preparedness and response at the national, regional and gl
7、obal levels; in improving scientific and technological understanding and knowledge in this field; in promoting technical co-operation in response techniques; and, in developing specialized training programmes. in accordance with Article 2(b) of the Convention on the International Maritime Organizati
8、on and in conformity with resolution 1 O of the above- mentioned Conference, the Marine Environment Protection Committee of the Organization at its forty-second session recommended, and the Council, at its eighty-second session decided, to convene a diplomatic conference to consider the adoption of
9、a protocol on preparedness, response and co-operation to pollution incidents by hazardous and noxious substances. In accordance with the decision of the Council, the diplomatic conference was convened by IMO and held in London at its Headquarters from 9 to 15 March 2000. In addition to the Final Act
10、, the Conference adopted the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000. The Conference also adopted six resolutions, which are contained in the Attachment to the Final Act. This publication reproduces the texts of the Final A
11、ct of the Conference, including its Attachments, and the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000. . 111 Contents Final Act of the Conference on International Co-operation on Preparedness and Response to Pollution Incidents
12、by Hazardous and Noxious Substances Attachment 1 to the Final Act: Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 . Attachment 2 to the Final Act: Conference resolutions Resolution 1 - Accession to the International Convention on
13、Oil Pollution Preparedness, Response and Co-operation, 1 990 (OPRC Convention) and ratification and early implementation of the Protocol on Preparedness, Response and Co-operation to Pollution incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) Resolution 2 - Early entry into for
14、ce of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (1996 HNS Convention) Resolution 3 - Promotion of technical assistance Resolution 4 - Development and implementation of a training programme fo
15、r preparedness and response to pollution incidents by hazardous and noxious substances Resolution 5 - Technical co-operation Resolution 6 - Early implementation of the provisions of article 10 of the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious
16、Substances, 2000 (OPRC-HNS Protocol) . 1 5 16 16 17 18 20 22 23 V FINAL ACT OF THE CONFERENCE ON AND RESPONSE TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS SUBSTANCES INTERNATIONAL CO-OPERATION ON PREPAREDNESS 1 Resolution 1 0 of the 1990 Conference on International Co-operation on Oil Pollution P
17、reparedness and Response (OPRC Conference), invited the International Maritime Organization (Organization) to initiate work to develop an appropriate instrument to expand the scope of the international Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, to apply, in whole or i
18、n part, to pollution incidents by hazardous substances other than oil and prepare a proposal to this end. 2 In accordance with Article 2(b) of the Convention on the International Maritime Organization and in conformity with resolution 10 of the OPPR Conference, the Marine Environment Protection Comm
19、ittee of the Organiza- tion at its forty-second session recommended, and the Council, at its eighty- second session, decided to convene a diplomatic conference to consider the adoption of a protocol on preparedness, response and co-operation to pollution incidents by hazardous and noxious substances
20、. 3 The Conference was held at the Headquarters of the Organization in London from 9 to 15 March 2000. 4 Representatives of 79 States participated in the Conference, namely the representatives of: Algeria Angola Antigua and Barbuda Argentina Australia Austria Bahamas Bangladesh Barbados Bel gi u m B
21、razil Canada Chile China Colom bia Congo Cte divoire Cuba Cyprus Democratic Peoples Republic of Korea Denmark Dominica Ecuador EI Salvador Estonia Finland France Gabon Germany Greece india Indonesia Iran, Islamic Republic of Ireland Israel Italy Jamaica Kenya Latvia Egypt Japan 1 OPRC- HNS Liberia M
22、alaysia Malta Marshall Islands Mexico Morocco Namibia Netherlands New Zealand Nigeria Norway Oman Panama Peru Philippines Poland Portugal Republic of Korea Russian Federation Saint Vincent and the Grenadines Saudi Arabia Singapore Slovenia South Africa Spain Sweden Syrian Arab Republic Thailand Trin
23、idad and Tobago Tunisia Turkey Ukraine United Kingdom United States Uruguay Vanuatu Venezuela Yemen 5 at the Conference: The following Associate Member of the Organization was represented Hong Kong, China 6 The following organization of the United Nations system was represented at the Conference: Un
24、ited Nations Environment Programme (UNEP) 7 Observers from the following intergovernmental organizations attended the Conference: Commission of the European Communities (EC) International Mobile Satellite Organization (IMSO) Observers from the following non-governmental international organi- Interna
25、tional Chamber of Shipping (ICs) International Union of Marine Insurance (IUMI) International Confederation of Free Trade Unions (ICFTU) Baltic and international Maritime Council (BIMCO) International Association of Classification Societies (IACS) Oil Companies International Marine Forum (OCIMF) Int
26、ernational Federation of Shipmasters Associations (IFSMA) Association of European Shipbuilders and Shiprepairers (AWES) Society of international Gas Tanker and Terminal Operators International Road Transport Union (IRU) Greenpeace international international Association of Dry Cargo Shipowners (INTE
27、RCARGO) Institute of Marine Engineers (IME) 8 zations also attended the Conference: Limited (SIGTTO) L Final Act International Tanker Owners Pollution Federation Limited (ITOPF) International Union for Conservation of Nature and Natural International Association of Oil and draft conference resolutio
28、ns prepared by the Marine Environment Protection Committee 15 proposed by the Marine Environment Protection Committee: - 3 OPRC-HNS 16 The Conference also considered proposals and comments on the above-mentioned documents submitted to the Conference by Governments and the Associate Member of the Org
29、anization. 17 As a result of its deliberations, as recorded in the Records of Decisions of the Plenary sessions, the Conference adopted the Protocol on Prepared- ness, Response and Co-operation to Pollution incidents by Hazardous and Noxious Substances, 2000. The Protocol is contained in Attachment
30、1 to this Final Act. 18 The Conference further adopted the following resolutions: Resolution 1 Resolution 2 Resolution 3 Resolution 4 Resolution 5 Resolution 6 Accession to the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC Convention) and ratification
31、and early implementation of the Protocol on Preparedness, Response and Co-operation to Pollution incidents by Hazardous and Noxious Substances, 2000 (OPRC- HNS Protocol) Early entry into force of the International Convention on Liability and Compensation for Damage in connec- tion with the Carriage
32、of Hazardous and Noxious Substances by Sea, 1996 (1 996 HNS Convention) Promotion of technical assistance Development and implementation of a training programme for preparedness and response to pollu- tion incidents by hazardous and noxious substances Technical co-operation Early implementation of t
33、he provisions of article 10 of the Protocol on Preparedness, Response and Co- operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) These resolutions are contained in Attachment 2 to this Final Act. 19 The Final Act, including its Attachments, is established
34、in a single original text in the Arabic, Chinese, English, French, Russian and Spanish languages which is to be deposited with the Secretary-General of the Organization. 20 The Secretary-General of the Organization shall send certified copies of this Final Act with Attachment 2 and certified true co
35、pies of the OPRC- HNS Protocol to the Governments of the States invited to be represented at this Conference in accordance with the wishes of those Governments. IN WITNESS WHEREOF the undersigned* have affixed their signatures to this Final Act. DONE AT LONDON this fifteenth day of March two thousan
36、d. * Signatures omitted. 4 Attachment i to the Final Act PROTOCOL ON PREPAREDNESS, RESPONSE AND HAZARDOUS AND NOXIOUS SUBSTANCES, 2000 CO-OPERATION TO POLLUTION INCIDENTS BY THE PARTIES TO THE PRESENT PROTOCOL, BEING PARTIES to the International Convention on Oil Pollution Preparedness, Response and
37、 Co-operation, done at London on 30 November 1990, TAKING INTO ACCOUNT resolution 1 O, on the expansion of the scope of the International Convention on Oil Pollution Preparedness, Response and Co- operation 1990, to include hazardous and noxious substances, adopted by the Conference on International
38、 Co-operation on Oil Pollution Preparedness and Response 1990, FURTHER TAKING INTO ACCOUNT that pursuant to resolution 10 of the Conference on international Co-operation on Oil Pollution Preparedness and Response 1990, the international Maritime Organization has intensified its work, in collaboratio
39、n with all interested international organizations, on all aspects of preparedness, response and co-operation to pollution incidents by hazardous and noxious substances, TAKING ACCOUNT of the “polluter pays“ principle as a general principle of international environmental law, BEING MINDFUL of the dev
40、elopment of a strategy for incorporating the precautionary approach in the policies of the International Maritime Organization, MINDFUL ALSO that, in the event of a pollution incident by hazardous and noxious substances, prompt and effective action is essential in order to minimize the damage which
41、may result from such an incident, HAVE AGREED as follows: Article 1 General provisions (i) Parties undertake, individually or jointly, to take all appropriate measures in accordance with the provisions of this Protocol and the annex thereto to prepare for and respond to a pollution incident by hazar
42、dous and noxious substances. (2) The annex to this Protocol shall constitute an integral part of this Protocol and a reference to this Protocol constitutes at the same time a reference to the annex. 5 OPRC-HNS (3) This Protocol shall not apply to any warship, naval auxiliary or other ship owned or o
43、perated 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 consist
44、ent, so far as is reasonable and practicable, with this Protocol. Article 2 Definitions For the purposes of this Protocol: (i) Pollution incident by hazardous and noxious substances (hereinafter referred to as “pollution incident“) means any occurrence or series of occurrences having the same origin
45、, including fire or explosion, which results or may result in a discharge, release or emission of hazardous and noxious substances 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 im
46、mediate response. (2) Hazardous and noxious substances means 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.
47、 (3) Sea ports and hazardous and noxious substances handling facilities means those ports or facilities where such substances are loaded into or unloaded from ships. (4) Organization means the International Maritime Organization. (5) Secretary-Genera/ means the Secretary-General of the Organization.
48、 (6) OPRC Convention means the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Article 3 Emergency plans and reporting (1) Each Party shall require that ships entitled to fly its flag have on board a pollution incident emergency plan and shall require masters
49、 or other persons having charge of such ships to follow reporting procedures to the extent required. Both planning requirements and reporting procedures shall be in accordance with applicable provisions of the conventions developed within the Organization which have entered into force for that Party. On- board pollution incident emergency plans for offshore units, including floating production, storage and offloading facilities and floating storage units, should be dealt with under national provisions and/or company environmental management systems,
