1. OPRC Level 3 International Co-operation The Legal Framework

2. OPRC Level 3 2 Overview Goals and objectives of OPRC Convention National and international response systems Regional agreements and industry arrangements Requesting and facilitating external assistance

3. OPRC Level 3 3 OPRC Convention:Key Objectives To develop national response systems To facilitate international co-operation and mutual assistance

4. OPRC Level 3 4 OPRC: Obligations of Parties 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

5. OPRC Level 3 5 OPRC: Obligations of Parties 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

6. OPRC Level 3 6 OPRC: Pollution Emergency Plans “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)

7. OPRC Level 3 7

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10. 10 OPRC: Reporting Requirements 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

11. OPRC Level 3 11 OPRC: International Obligations 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

12. OPRC Level 3 12 Tiered Response Concept Tier One Tier Two Tier Three Large Spill Medium Spill Small Spill local vicinity remote

13. OPRC Level 3 13 Co-operation – a tiered response 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

14. OPRC Level 3 14 The Global Framework For Pollution Response International Capability GROUP THREE GROUP TWO GROUP ONE The Organisation of the National Framework Industry Concept of Tiered Response TIER THREE TIER TWO TIER ONE Multi-National or Regional Capability National Capability Area Capability Local Capability

15. OPRC Level 3 15 Objectives of Regional Co-operation 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

16. OPRC Level 3 16 Bonn Agreement 1969 / 1983 + EU

17. OPRC Level 3 UNEP Regional Seas Areas

18. OPRC Level 3 18 Minimum Provisions in a Regional Plan (1) Definition of geographical boundaries Definition of zones of responsibility Commitment in principle to –prepare for and –respond to pollution incidents

19. OPRC Level 3 19 Minimum Provisions in a Regional Plan (2) Preparedness Commitment to establish certain organisational structures Commitment to establish an adequate level of pre-positioned equipment –commensurate with the spill risk

20. OPRC Level 3 20 Minimum Provisions in a Regional Plan (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

21. OPRC Level 3 21 Principles of Assistance 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

22. OPRC Level 3 22 Intergovernmental Regional Centres Mediterranean: REMPEC, Malta Persian Gulf: MEMAC, Bahrein Caribbean: REMPEITC-Carib, Curacao Northwest Pacific: MERRAC, Korea

23. OPRC Level 3 23 Government Equipment Stockpiles ASEAN-OSRAP: Brunei, Indonesia, Malaysia, Philippines, Singapore, Thailand

24. OPRC Level 3 24 Oil Industry Equipment Stockpiles 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

25. OPRC Level 3 25 Oil Industry Tier 3 Stockpiles

26. OPRC Level 3 26 Industry Stockpiles - Conditions 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

27. OPRC Level 3 27 ITOPF (International Tanker Owners Pollution Federation Limited) 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

28. OPRC Level 3 28 Key Messages 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

29. OPRC Level 3 29 Procedures for facilitating external assistance - discussion Spill notification procedures Evaluation of incident and identification of needs Sources of assistance Funding arrangements Customs and immigration clearance continued.

30. OPRC Level 3 30 Procedures for facilitating external assistance - discussion 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

31. OPRC Level 3 31 MARPOL 73/78 Aim is to prevent pollution from ships – not deal with emergency response Regulated by means of Annexes –Annex I: oilobligatory –Annex II: bulk chemicalsobligatory –Annex III: packaged chemicals –Annex IV: sewage –Annex V: garbage –Annex VI: atmospheric emissions continued.

32. OPRC Level 3 32 MARPOL 73/78 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

33. OPRC Level 3 33 Intervention Convention 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.

34. OPRC Level 3 34 Intervention Convention “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: p - port & fishing activities; tourist attractions; health of the coastal population; conservation of living resources & wildlife

35. OPRC Level 3 35 HNS Convention 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.

36. OPRC Level 3 36 HNS Convention 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

37. OPRC Level 3 37 Bunkers Convention 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