Legal instruments
Contracting parties to both international legal instruments are committed to establish national system for preparedness and response in accordance with the article 6 of the OPRC Convention and article 4 of the OPRC-HNS Protocol. The components of both systems are similar, they differ when necessary according to spill of Oil or HNS
Article 6 of the OPRC Convention |
Article 4 of the OPRC HNS Protocol |
(1) Each Party shall establish a national system for responding promptly and effectively to oil pollution incidents. | (1) Each Party shall establish a national system for responding promptly and effectively to pollution incidents |
This system shall include as a minimum |
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(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; 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; |
(a) the designation of: (i) the competent national authority or authorities with responsibility for preparedness for and response to pollution incidents; (ii) the national operational contact point or points; 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 the 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 |
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(2) In addition, each Party, within its capabilities either individually or through bilateral or multilateral co-operation and, as appropriate, in cooperation with the oil and shipping industries, port authorities and other relevant entities, shall establish: | (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 shipping industries and industries dealing with hazardous and noxious substances, 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 |
(a) a minimum level of pre-positioned equipment for responding to pollution incidents commensurate with the risk involved, and programmes for its use; (b) a programme of exercises for pollution incident response organizations and training of relevant personnel; (c) detailed plans and communication capabilities for responding to a pollution incident. Such capabilities should be continuously available; and (d) a mechanism or arrangement to co-ordinate the response to a 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 or authorities and entitles 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 available to other States, upon request; and (c ) its national contingency plan |
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 on pollution response equipment and expertise in disciplines related to pollution incident response and marine salvage which may be made available to other States, upon request; and (c) its national contingency plan. |