Legal instruments

Contracting parties to both international legal instruments are committed to establish national system for preparedness and response in accordance with the article 6 of the OPRC Convention and article 4 of the OPRC-HNS Protocol. The components of both systems are similar, they differ when necessary according to spill of Oil or HNS

Article 6 of the OPRC Convention

Article 4 of the OPRC HNS Protocol

(1) Each Party shall establish a national system for responding promptly and effectively to oil pollution incidents. (1) Each Party shall establish a national system for responding promptly and effectively to pollution incidents

This system shall include as a minimum

(a) The designation of:

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

(ii) the national operational contact point or points, which shall be responsible for the receipt and transmission of oil pollution reports; and

(iii) an authority which is entitled to act on behalf of the State to request assistance or to decide to render the assistance requested;

(a) the designation of:

(i) the competent national authority or authorities with responsibility for preparedness for and response to pollution incidents;

(ii) the national operational contact point or points; and

(iii) an authority which is entitled to act on behalf of the State to request assistance or to decide to render the assistance requested;

(b) a national contingency plan for the preparedness and response, which includes the organizational relationship of the various bodies involved, whether public or private, taking into account guidelines developed by the Organization

(2) In addition, each Party, within its capabilities either individually or through bilateral or multilateral co-operation and, as appropriate, in cooperation with the oil and shipping industries, port authorities and other relevant entities, shall establish: (2) In addition, each Party within its capabilities either individually or through bilateral or multilateral co-operation and, as appropriate, in co-operation with the shipping industries and industries dealing with hazardous and noxious substances, port authorities and other relevant entities, shall establish:

(a) a minimum level of pre-positioned oil spill combating equipment, commensurate with the risk involved, and programmes for its use;

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

(c) detailed plans and communication capabilities for responding to an oil pollution incident. Such capabilities should be continuously available; and

(d) a mechanism or arrangement to co-ordinate the response to an oil pollution incident with, if appropriate, the capabilities to mobilize the necessary resources

(a) a minimum level of pre-positioned equipment for responding to pollution incidents commensurate with the risk involved, and programmes for its use;

(b) a programme of exercises for pollution incident response organizations and training of relevant personnel;

(c) detailed plans and communication capabilities for responding to a pollution incident. Such capabilities should be continuously available; and

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

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

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

(b) Information concerning pollution response equipment and expertise in disciplines related to oil pollution response and marine salvage which may be available to other States, upon request; and

(c ) its national contingency plan

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

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

(b) information on pollution response equipment and expertise in disciplines related to pollution incident response and marine salvage which may be made available to other States, upon request; and

(c) its national contingency plan.