Transcript International Co-operation

International Co-operation
OPRC Level 3
The Legal Framework
Overview
OPRC Level 3
• Goals and objectives of OPRC
Convention
• National and international response
systems
• Regional agreements and industry
arrangements
• Requesting and facilitating external
assistance
2
OPRC Convention:Key Objectives
OPRC Level 3
•
To develop national response systems
•
To facilitate international co-operation
and mutual assistance
3
OPRC: Obligations of Parties
OPRC Level 3
National system for responding promptly
and effectively to pollution incidents
[oil + HNS]:
• A national contingency plan
• Designated national authorities:
– Responsible for preparedness & response
– Operational contact point(s)
– Requesting & rendering assistance
4
OPRC: Obligations of Parties
OPRC Level 3
Establish individually or through bilateral or
multilateral co-operation:
• minimum level of pre-positioned
equipment commensurate with risk
• programme of exercises & training
• plans & communications capabilities
• mechanism for co-ordinating response
5
OPRC: Pollution Emergency Plans
OPRC Level 3
“Local” [oil] pollution emergency plans to
be co-ordinated with national system for:
• operators of offshore units
• appropriate sea ports
• appropriate oil handling facilities
+
• flag ships of the Contracting Party (also
MARPOL requirement)
6
OPRC Level 3
7
OPRC Level 3
8
OPRC Level 3
9
OPRC: Reporting Requirements
OPRC Level 3
To establish [oil + HNS] pollution
reporting procedures for:
• discharges from their own activities
• any observed event at sea involving
the discharge [of oil or HNS]
• reporting obligations on:
– flag ships, offshore units, sea ports, oil
handling facilities, maritime inspection
vessels or aircraft, civil aircraft
10
OPRC: International Obligations
OPRC Level 3
Obligation of Contracting Parties to:
• Assess nature, extent and possible
consequences of incident
• Inform all States whose interests may
be affected [oil or HNS]
• Provide assistance if requested by
another Party subject to capabilities and
availability of relevant resources
11
Tiered Response Concept
OPRC Level 3
Tier
Three
Large
Spill
Tier
Two
Medium
Spill
Small
Spill
Tier
One
local
vicinity
remote
12
Co-operation – a tiered response
OPRC Level 3
• National
– Shipping, ports, offshore oil industry, government
(local, regional, national)
• Bilateral
– Neighbouring States
• Regional and sub-regional
– Regional seas, co-operation agreements,
organisation and institutions
• Global
– OPRC; IMO Oil Pollution Co-ordination Centre
13
The Global Framework For Pollution
Response
International Capability
OPRC Level 3
GROUP
THREE
TIER THREE
Multi-National or
Regional Capability
GROUP TWO
National
Capability
TIER TWO
Area
Capability
TIER ONE
Industry Concept of Tiered
Response
GROUP ONE
Local
Capability
The Organisation of the
National Framework
14
Objectives of Regional Co-operation
OPRC Level 3
• Enhances national resource capacity
• Mechanism for early warning
• Forum for exchange of information:
– technical innovations
– joint training
– exercises
• Good experience of regional agreements
• Advantages recognised by OPRC
15
Bonn Agreement 1969 / 1983
OPRC Level 3
+ EU
16
UNEP Regional Seas Areas
OPRC Level 3
Minimum Provisions in a Regional Plan (1)
OPRC Level 3
• Definition of geographical boundaries
• Definition of zones of responsibility
• Commitment in principle to
– prepare for and
– respond to
pollution incidents
18
Minimum Provisions in a Regional Plan (2)
OPRC Level 3
Preparedness
• Commitment to establish certain
organisational structures
• Commitment to establish an adequate
level of pre-positioned equipment
– commensurate with the spill risk
19
Minimum Provisions in a Regional Plan (3)
OPRC Level 3
•
•
•
•
Response commitments
To undertake responsibility for assessing
the nature and size of an incident
To keep it under surveillance
To inform other Parties
To be ready to render assistance when
called upon
20
Principles of Assistance
OPRC Level 3
• Requesting Party reimburses costs of
assisting Party
• Party will bear the costs of action taken on
its own initiative
• Assistance costs will usually be
reimbursed under compensation regime
• Requests may be initiated by POLREP
21
Intergovernmental Regional Centres
OPRC Level 3
• Mediterranean: REMPEC, Malta
• Persian Gulf: MEMAC, Bahrein
• Caribbean: REMPEITC-Carib, Curacao
• Northwest Pacific: MERRAC, Korea
22
Government Equipment Stockpiles
OPRC Level 3
• ASEAN-OSRAP: Brunei, Indonesia,
Malaysia, Philippines, Singapore,
Thailand
23
Oil Industry Equipment Stockpiles
OPRC Level 3
•
•
•
•
•
OSRL (UK): world-wide
EARL (Singapore): Pacific rim
CCC (USA): Caribbean
AMOSC: Australia
Fast Oil Spill Team (France):
Mediterranean and West Africa
• PAJ: Saudi Arabia, Abu Dhabi, Malaysia,
Singapore, Indonesia
24
Oil Industry Tier 3 Stockpiles
OPRC Level 3
25
Industry Stockpiles - Conditions
OPRC Level 3
• Expensive to establish and maintain
• Preferential access to shareholder
companies
• Third party access (govrs / ship owners)
– Response not guaranteed
– Third Party Agreement before mobilisation
– Higher daily tariffs than members
• Responsibilities of receiving client
26
ITOPF (International Tanker Owners Pollution
Federation Limited)
OPRC Level 3
• Respond on behalf of members, P&I Clubs,
IOPC Fund
• Advise and assist all parties on most effective
clean-up to minimise resource damage
• Always advisory
• Offer guidance on likely admissibility of claims
(reasonableness)
• Monitor events, clean-up activities and
investigate damage to coastal resources
27
Key Messages
OPRC Level 3
• OPRC ratification entails obligations and
benefits
• Bilateral, sub-regional and regional
agreements enhance capacities of nation
States
• Industry stockpiles may be available for
major spills
28
Procedures for facilitating external assistance
- discussion
OPRC Level 3
• Spill notification procedures
• Evaluation of incident and identification of
needs
• Sources of assistance
• Funding arrangements
• Customs and immigration clearance
continued.
29
Procedures for facilitating external assistance
- discussion
OPRC Level 3
• Arrangements for supporting external
response assistance
- visas; interpreters; customs ; security
• Logistic support for external assistance
– transport, vessels, recovered oil
storage,waste disposal
• Demobilisation of equipment prior to return to
lender
• Reimbursement of costs
30
MARPOL 73/78
OPRC Level 3
• Aim is to prevent pollution from ships –
not deal with emergency response
• Regulated by means of Annexes
–
–
–
–
–
–
Annex I: oil
obligatory
Annex II: bulk chemicals
obligatory
Annex III: packaged chemicals
Annex IV: sewage
Annex V: garbage
Annex VI: atmospheric emissions
continued.
31
MARPOL 73/78
OPRC Level 3
Required to prohibit violations & prosecute:
• Own flag ships world-wide
• Other ships which commit violations
• Severe penalties to discourage violations
Effective implementation requires:
• Effective administration & enforcement
• Adequate provision of reception facilities
32
Intervention Convention
OPRC Level 3
• Extends State jurisdiction to high seas
without affecting principle of freedom of
high seas
• Empowers a Contracting Party to take
such measures as may be necessary to
prevent a pollution threat to its coastline or
related interests
continued.
33
Intervention Convention
OPRC Level 3
• “Measures” are not defined and give State
extensive flexibility to take whatever
measures it deems appropriate in the
circumstances
• “Related interests” are broadly defined and
include:

- port & fishing activities; tourist attractions; health
of the coastal population; conservation of living
resources & wildlife
34
HNS Convention
OPRC Level 3
• Aims to ensure adequate, prompt &
effective compensation for damage
resulting from shipping accidents
involving HNS
• Compensation paid by:
– Shipowner & insurer (first tier)
– Fund levied on cargo receivers (second tier)
continued.
35
HNS Convention
OPRC Level 3
• Likely to be administered by IOPC 1992
Fund Secretariat
• HNS Fund will have 4 accounts:
– Oil; LPG; LNG; general account for bulk solids
and chemicals
• Requires ratification by 12 States + import
requirements
36
Bunkers Convention
OPRC Level 3
• Aims to ensure adequate compensation
for damage arising from spills of ships’
bunker oil – not otherwise compensated
under CLC 1992
• Strict liability extends beyond owner to
charterers and operators
• Ships greater than 1000 GT to maintain
insurance
• Requires ratification by 18 States
37