1990年国际油污防备、响应和合作公约 INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS， RESPONSEAND CO-OPERATION

颁布日期：19901130 　实施日期：19901130 　颁布单位：伦敦

　　Text adopted by the Conference

　　THE PARTIES TO THE PRESENT CONVENTION，

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

　　RECOGNIZING the serious threat posed to the marine environment by oilpollution incidents involving ships， offshore units， sea ports and oilhandling facilities，

　　MINDFUL of the importance of precautionary measures and prevention inavoiding oil pollution in the first instance， and the need for strictapplication of existing international instruments dealing with maritimesafety and marine pollution prevention， particularly the InternationalConvention for the Safety of Life at Sea， 1974， as amended， and theInternational Convention for the Prevention of Pollution from Ships， 1973，as modified by the Protocol of 1978 relating thereto， as amended， and alsothe speedy development of enhanced standards for the design， operation andmaintenance of ships carrying oil， and of offshore units，

　　MINDFUL ALSO that， in the event of an oil pollution incident， promptand effective action is essential in order to minimize the damage whichmay result from such an incident，

　　EMPHASISING the importance of effective preparation for combating oilpollution incidents and the important role which the oil and shippingindustries have in this regard，

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

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

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

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

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

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

　　CONSIDERING that these objectives may best be achieved by theconclusion 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 allappropriate measures in accordance with the provisions of this Conventionand the Annex thereto to prepare for and respond to an oil pollutionincident.

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

　　（3） This Convention shall not apply to any warship， naval auxiliary orother ship owned or operated by a State and used， for the time being， onlyon government non-commercial service. However， each Party shall ensure bythe ad

option of appropriate measures not impairing the operations oroperational capabilities of such ships owned or operated by it， that suchships 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 ofoccurrences having the same origin， which results or may result in adischarge of oil and which poses or may pose a threat to the marineenvironment， or to the coastline or related interests of one or moreStates， and which requires emergency action or other immediate response.

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

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

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

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

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

　　ARTICLE 3 Oil pollution emergency plans

　　（1） （a） Each Party shall require that ships entitled to fly its flaghave on board a shipboard oil pollution emergency plan as required by andin accordance with the provisions adopted by the Organization for thispurpose.

　　（b） A ship required to have on board an oil pollution emergencyplan in accordance with subparagraph （a） is subject， while in a port or atan offshore terminal under the jurisdiction of a Party， to inspection byofficers duly authorized by that Party， in accordance with the practicesprovided for in existing international agreements or its nationallegislation.

　　（2） Each Party shall require that operators of offshore units underits jurisdiction have oil pollution emergency plans， which areco-ordinated with the national system established in accordance witharticle 6 and approved in accordance with procedures established by thecompetent national authority.

　　（3） Each Party shall require that authorities or operators in chargeof such sea ports and oil handling facilities under its jurisdiction as itdeems appropriate have oil pollution emergency plans or similararrangements which are co-ordinated with the national system establishedin accordance with article 6 and approved in accordance with proceduresestablished 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 flyingits flag and persons having charge of offshore units under itsjurisdiction to report without delay any event on their ship or offshoreunit 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 towhose jurisdiction the unit is subject；

　　（b） require masters or other persons having charge of ships flyingits flag and persons having charge of offshore units under itsjurisdiction to report without delay any observed event at sea involving adischarge 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 towhose jurisdiction the unit is subject；

　　（c） require persons having charge of sea ports and oil handlingfacilities under its jurisdiction to report without dela

y any eventinvolving a discharge or probable discharge of oil or the presence of oilto the competent national authority；

　　（d） instruct its maritime inspection vessels or aircraft and otherappropriate services or officials to report without delay any observedevent at sea or at a sea port or oil handling facility involving adischarge of oil or the presence of oil to the competent nationalauthority or， as the case may be， to the nearest coastal State；

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

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

　　ARTICLE 5 Action on receiving an oil pollution report

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

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

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

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

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

　　（ii） further information as appropriate， until the actiontaken to respond to the incident has been concluded or until join

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