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

2009-03-24 法律英语 来源:互联网 作者:
t actionhas been decided by such States.

  (2) When the severity of such oil pollution incident so justifies, theParty should provide the Organization directly or, as appropriate, throughthe relevant regional organizations or arrangements with the informationreferred to in paragraph (1) (b) and (c)。

  (3) When the severity of such oil pollution incident so justifies,other States affected by it are urged to inform the Organization directlyor, as appropriate, through the relevant regional organization orarrangements of their assessment of the extent of the threat to theirinterests and any action taken or intended.

  (4) Parties should use, in so far as practicable, the oil pollutionreporting system developed by the Organization when exchanging informationand communicating with other States and with the Organization.

  ARTICLE 6 National and regional systems for preparedness and res-ponse

  (1) Each Party shall establish a national system for respondingpromptly and effectively to oil pollution incidents. This system shallinclude as a minimum:

  (a) the designation of:

  (i) the competent national authority or authorities withresponsibility for oil pollution p preparedness and response;

  (ii) the national operational contact point or points, whichshall be responsible for the receipt and transmission of oil pollutionreports as referred to in article 4; and

  (iii) authority which is entitled to act on behalf of theState to request assistance or to decide to render the assistancerequested;

  (b) an national contingency plan for preparedness and responsewhich includes the organizational relationship of the various bodiesinvolved, whether public or private, taking into account guidelinesdeveloped by the organization.

  (2) In addition, each Party, within its capabilities eitherindividually or through bilateral or multilateral co-operation and, asappropriate, in co-operation with the oil and shipping industries, portauthorities and other relevant entities, shall establish:

  (a) a minimum level of pre-positioned oil spill combatingequipment, commensurate with th

e risk involved, and programmes for itsuse;

  (b) a programme of exercises for oil pollution responseorganizations and training of relevant personnel;

  (c) detailed plans and communication capabilities for respondingto an oil pollution incident. Such capabilities should be continuouslyavailable; and

  (d) a mechanism or arrangement to co-ordinate the response to anoil pollution incident with, if appropriate, the capabilities to mobilizethe necessary resources.

  (3) Each Party shall ensure that current information is provided tothe Organization, directly or through the relevant regional organizationor arrangements, concerning:

  (a) the location, telecommunication data and, if applicable, areasof responsibility of authorities and entities referred to in paragraph (1)(a);

  (b) information concerning pollution response equipment andexpertise in disciplines related to oil pollution response and marinesalvage which may be made available to other States, upon request; and

  (c) its national contingency plan.

  ARTICLE 7 International co-operation in pollution response

  (1) Parties agree that, subject to their capabilities and theavailability of relevant resources, they will co-operate and provideadvisory services, technical support and equipment for the purpose ofresponding to an oil pollution incident, when the severity of suchincident so justifies, upon the request of any Party affected or likely tobe affected. The financing of the costs for such assistance shall be basedon the provisions set out in the Annex to this Convention.

  (2) A Party which has requested assistance may ask the Organization toassist in identifying sources of provisional financing of the costsreferred to in paragraph (1)。

  (3) In accordance with applicable international agreements, each Partyshall take necessary legal or administrative measures to facilitate:

  (a) the arrival and utilization in and departure from itsterritory of ships, aircraft and other modes of transport engaged inresponding to an oil pollution incident or transporting personnel,cargoes, materials and equipment required to deal with such an incident;and

  (b) the expeditious movement into, through, and out of itsterritory of personnel, cargoes, materials and equipment referred to insubparagraph (a)。

  ARTICLE 8 Research and development

  (1) Parties agree to co-operate directly or, as appropriate, throughthe Organization or relevant regional organizations or arrangements in thepromotion and exchange of results of research and development programmesrelating to the enhancement of the state-of -the-art of oil pollutionpreparedness and response, including technologies and techniques forsurveillance, containment, recovery, dispersion, clean-up and otherwiseminimizing or mitigating the effects of oil pollution, and forrestoration.

  (2) To this end, Parties undertake to establish directly or, asappropriate, through the Organization or relevant regional organizationsor arrangements, the necessary links between Parties' researchinstitutions.

  (3) Parties agree to co-operate directly or through the Organizationor relevant regional organizations or arrangements to promote, asappropriate, the holding on a regular basis of international symposia onrelevant subjects, including technological advances in oil pollutioncombating techniques and equipment.

  (4) Parties agree to encourage, through the Organization or othercompetent international organizations, the development of standards forcompatible oil pollution combating techniques and equipment.

  ARTICLE 9 Technical co-operation

  (1) Parties undertake directly or through the Organization and otherinternational bodies, as appropriate, in respect of oil pollutionpreparedness and response, to provide support for those Parties whichrequest technical assistance:

  (a) to train person

nel;


  (b) to ensure the availability of relevant technology, equipmentand facilities;

  (c) to facilitate other measures and arrangements to prepare forand respond to oil pollution incidents; and

  (d) to initiate joint research and development programmes.

  (2) Parties undertake to co-operate actively, subject to theirnational laws, regulations and policies, in the transfer of technology inrespect of oil pollution preparedness and response.

  ARTICLE 10 Promotion of bilateral and multilateral co-operation inpreparedness and response

  Parties shall endeavour to conclude bilateral or multilateralagreements for oil pollution preparedness and response. Copies of suchagreements shall be communicated to the Organization which should makethem available on request to Parties.

  ARTICLE 11 Relation to other conventions and international agree-ments

  Nothing in this Convention shall be construed as altering the rightsor obligations of any Party under any other convention or internationalagreement.

  ARTICLE 12 Institutional arrangements

  (1) Parties designate the Organization, subject to its agreement andthe availability of adequate resources to sustain the activity, to performthe following functions and activities:

  (a) information services:

  (i) to receive, collate and disseminate on request theinformation provided by Parties (see, for example, articles 5 (2) and (3),6 (3) and 10) and relevant information provided by other sources; and

  (ii) to provide assistance in identifying sources ofprovisional financing of costs (see, for example, article 7 (2));

  (b) education and training;

  (i) to promote training in the field of oil pollutionpreparedness and response (see, for example, article 9); and

  (ii) to promote the holding of international symposia (see,for example, article 8 (3));

  (c) technical services:

  (i) to facilitate co-operation in research and development(see, for example, articles 8 (1), (2) and (4) and 9 (1) (d));

  (ii) to provide advice to States establishing national orregional response capabilities; and

  (iii) to analyse the information provided by Parties (see, forexample, articles 5 (2) and (3), 6 (3) and 8 (1)) and relevant informationprovided by other sources and provide advice or information to States;

  (d) technical assistance:

  (i) to facilitate the provision of technical assistance toStates establishing national or regional response capabilities; and

  (ii) to facilitate the provision of technical assistance andadvice, upon the request of States faced with major oil pollutionincidents.

  (2) In carrying out the activities specified in this article, theOrganization shall endeavour to strengthen the ability of Statesindividually or through regional arrangements to prepare for and combatoil pollution industry arrangements and paying particular attention to theneeds of developing countries.

  (3) The provisions of this article shall be implemented in accordancewith a programme developed and kept under review by the Organization.

  ARTICLE 13 Evaluation of the Convention

  Parties shall evaluate within the Organization the effectiveness ofthe Convention in the light of its objectives, particularly with respectto the principles underlying co-operation and assistance.

  ARTICLE 14 Amendments

  (1) This Convention may be amended by one of the procedures specifiedin the following paragraphs.

  (2)

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