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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, 1990

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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 adoption 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 delay 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 joint 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 the 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 personnel;


  (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) Amendment after consideration by the Organization:

  (a) Any amendment proposed by a Party to the Convention shall besubmitted to the Organization and circulated by the Secretary-General toall Members of the Organization and all Parties at least six months priorto its consideration.

  (b) Any amendment proposed and circulated as above shall besubmitted to the Marine Environment Protection Committee of theOrganization for consideration.

  (c) Parties to the Convention, whether or not Members of theOrganization, shall be entitled to participate in the proceedings of theMarine Environment Protection Committee.

  (d) Amendments shall be adopted by a two-thirds majority of onlythe Parties to the Convention present and voting.

  (e) If adopted in accordance with subparagraph (d), amendmentsshall be communicated by the Secretary-General to all Parties to theConvention for acceptance.

  (f) (i) An amendment to an article or the Annex of the Conventionshall be deemed to have been accepted on the date on which it is acceptedby two thirds of the Parties.

  (ii) An amendment to an appendix shall be deemed to have beenaccepted at the end of a period to be determined by the Marine EnvironmentProtection Committee at the time of its adoption, which period shall notbe less than ten months, unless within that period an objection iscommunicated to the Secretary-General by not less than one third of theParties.

  (g) (i) An amendment to an article or the Annex of the Conventionaccepted in conformity with subparagraph (f) (i) shall enter into forcesix months after the date on which it is deemed to have been accepted withrespect to the Parties which have notified the Secretary-General that theyhave accepted it.

  (ii) An amendment to an appendix accepted in conformity withsubparagraph (f) (ii) shall enter into force six months after the date onwhich it is deemed to have been accepted with respect to all Parties withthe exception of those which, before that date, have objected to it. AParty may at any time withdraw a previously communicated objection bysubmitting a notification to that effect to the Secretary-General.

  (3) Amendment by a Conference:

  (a) Upon the request of a Party, concurred with by at least onethird of the Parties, the Secretary-General shall convene a Conference ofParties to the Convention to consider amendments to the Convention.

  (b) An amendment adopted by such a Conference by a two-thirdsmajority of those Parties present and voting shall be communicated by theSecretary General to all Parties for their acceptance.

  (c) Unless the Conference decides otherwise, the amendment shallbe deemed to have been accepted and shall enter into force in accordancewith the procedures specified in paragraph (2) (f) and (g)。

  (4) The adoption and entry into force of an amendment constituting anaddition of an Annex or an appendix shall be subject to the procedureapplicable to an amendment to the Annex.

  (5) Any Party which has not accepted an amendment to an article or theAnnex under paragraph (2) (f) (i) or an amendment constituting an additionof an Annex or an appendix under paragraph (4) or has communicated anobjection to an amendment to an appendix under paragraph (2) (f) (ii)shall be treated as a non-Party only for the purpose of the application ofsuch amendment. Such treatment shall terminate upon the submission of anotification of acceptance under paragraph (2) (f) (i) or withdrawal ofthe objection under paragraph (2) (g) (ii)。

  (6) The Secretary-General shall inform all Parties of any amendmentwhich enters into force under this article, together with the date onwhich the amendment enters into force.

  (7) Any notification of acceptance of, objection to, or withdrawal ofobjection to, an amendment under this article shall be communicated inwriting to the Secretary-General who shall inform Parties of suchnotification and the date of its receipt.

  (8) An appendix to the Convention shall contain only provisions of atechnical nature.

  ARTICLE 15 Signature, ratification, acceptance, approval and ac-cession

  (1) This Convention shall remain open for signature at theHeadquarters of the Organization from 30 November 1990 until 29 November1991 and shall thereafter remain open for accession. Any State may becomeParty to this Convention by:

  (a) signature without reservation as to ratification, acceptanceor approval; or

  (b) signature subject to ratification, acceptance or approval,followed by ratification, acceptance or approval; or

  (c) accession.

  (2) Ratification, acceptance, approval or accession shall be effectedby the deposit of an instrument to that effect with the Secretary-General.

  ARTICLE 16 Entry into force

  (1) This Convention shall enter into force twelve months after thedate on which not less than fifteen States have either signed it withoutreservation as to ratification, acceptance or approval or have depositedthe requisite instruments of ratification, acceptance, approval oraccession in accordance with article 15.

  (2) For States which have deposited an instrument of ratification,acceptance, approval or accession in respect of this Convention after therequirements for entry into force thereof have been met but prior to thedate of entry into force, the ratification, acceptance, approval oraccession shall take effect on the date of entry into force of thisConvention or three months after the date of deposit of the instrument,whichever is the later date.

  (3) For States which have deposited an instrument of ratification,acceptance, approval or accession after the date on which this Conventionentered into force, this Convention shall become effective three monthsafter the date of deposit of the instrument.

  (4) After the date on which an amendment to this Convention is deemedto have been accepted under article 14, any instrument of ratification,acceptance, approval or accession deposited shall apply to this Conventionas amended.

  ARTICLE 17 Denunciation

  (1) This Convention may be denounced by any Party at any time afterthe expiry of five years from the date on which this Convention entersinto force for that Party.

  (2) Denunciation shall be effected by notification in writing to theSecretary-General.

  (3) A denunciation shall take effect twelve months after receipt ofthe notification of denunciation by the Secretary-General or after theexpiry of any longer period which may be indicated in the notification.

  ARTICLE 18 Depositary

  (1) This Convention shall be deposited with the Secretary-General.

  (2) The Secretary-General shall:

  (a) inform all States which have signed this Convention or accededthereto of:

  (i) each new signature or deposit of an instrument ofratification, acceptance, approval or accession, together with the datethereof;

  (ii) the date of entry into force of this Convention; and

  (iii) the deposit of any instrument of denunciation of thisConvention together with the date on which it was received and the date onwhich the denunciation takes effect;

  (b) transmit certified true copies of this Convention to theGovernments of all States which have signed this Convention or accededthereto.

  (3) As soon as this Convention enters into force, a certified truecopy thereof shall be transmitted by the depositary to theSecretary-General of the United Nations for registration and publicationin accordance with Article 102 of the Charter of the United Nations.

  ARTICLE 19 Languages

  This Convention is established in a single original in the Arabic,Chinese, English, French, Russian and Spanish languages, each text beingequally authentic.

  IN WITNESS WHEREOF the undersigned, being duly authorized by theirrespective Governments for that purpose, have signed this Convention.

  DONE AT London this thirtieth day of November one thousand ninehundred and ninety.

  ANNEX: Reimbursement of costs of assistance

  (1) (a) Unless an agreement concerning the financial arrangementsgoverning actions of Parties to deal with oil pollution incidents has beenconcluded on a bilateral or multilateral basis prior to the oil pollutionincident, Parties shall bear the costs of their respective actions indealing with pollution in accordance with subparagraph (i) or subparagraph(ii)。

  (i) If the action was taken by one Party at the expressrequest of another Party, the requesting Party shall reimburse to theassisting Party the cost of its action. The requesting Party may cancelits request at any time, but in that case it shall bear the costs alreadyincurred or committed by the assisting Party.

  (ii) If the action was taken by a Party on its own initiative,this Party shall bear the costs of its action.

  (b) The principles laid down in subparagraph (a) shall applyunless the Parties concerned otherwise agree in any individual case.

  (2) Unless otherwise agreed, the costs of action taken by a Party atthe request of another Party shall be fairly calculated according to thelaw and current practice of the assisting Party concerning thereimbursement of such costs.

  (3) The Party requesting assistance and the assisting Party shall,where appropriate, co-operate in concluding any action in response to acompensation claim. To that end, they shall give due consideration toexisting legal regimes. Where the action thus concluded does not permitfull compensation for expenses incurred in the assistance operation, theParty requesting assistance may ask the assisting Party to waivereimbursement of the expenses exceeding the sums compensated or to reducethe costs which have been calculated in accordance with paragraph (2)。 Itmay also request a postponement of the reimbursement of such costs. Inconsidering such a request, assisting Parties shall give due considerationto the needs of the developing countries.

  (4) The provisions of this Convention shall not be interpreted as inany way prejudicing the rights of Parties to recover from third partiesthe costs of actions to deal with pollution or the threat of pollutionunder other applicable provisions and rules of national and internationallaw. Special attention shall be paid to the 1969 International Conventionon Civil Liability for Oil Pollution Damage and the 1971 InternationalConvention on the Establishment of an International Fund for Compensationfor Oil Pollution Damage and any subsequent amendment to thoseConventions.

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