PROTOCOLLO DI LONDRA DEL 15 MARZO 2000, ALLA
CONVENZIONE INTERNAZIONALE SULLA PREPARAZIONE, LA LOTTA E LA COOPERAZIONE IN
MATERIA DI INQUINAMENTO MARINO DA IDROCARBURI, RELATIVO AGLI INCIDENTI
INQUINANTI PRODOTTI DA SOSTANZE PERICOLOSE E NOCIVE
Con la risoluzione
n. 10 della Conferenza del 1990, durante la quale è stata approvata la
Convenzione internazionale sulla preparazione, la lotta e la cooperazione in
materia di inquinamento da idrocarburi (in
vigore in Italia dal 2 giugno 1999, il cui testo è in Dir.
trasp. II/1991, 453), l’IMO
fu invitato a sviluppare uno strumento appropriato per estendere l’ambito della
Convenzione all’inquinamento da sostanze pericolose e nocive diverse dagli
idrocarburi. All’esito dei lavori, nel marzo 2000 fu indetta una conferenza
diplomatica durante la quale fu approvato il Protocol on
Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and
Noxious Substances, 2000 (HNS Protocol).
Art. 1 (General
provisions) — 1. Parties undertake, individually or jointly, to take all
appropriate measures in accordance with the provisions of this Protocol and the
Annex thereto to prepare for and respond to a pollution incident by hazardous
and noxious substances.
2. The Annex to this
Protocol shall constitute an integral part of this Protocol and a reference to
this Protocol constitutes at the same time a reference to the Annex.
3. This Protocol shall not apply to any warship, naval
auxiliary or other ship owned or operated by a State and used, for the time
being, only on government non-commercial service. However, each Party shall
ensure by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships owned or operated by it, that such ships
act in a manner consistent, so far as is reasonable and practicable, with this
Protocol.
Art. 2 (Definitions) — For the purposes of this Protocol:
1. Pollution
incident by hazardous and noxious substances (hereinafter referred to as
«pollution incident») means any occurrence or series of occurrences having the
same origin, including fire or explosion, which results or may result in a
discharge, release or emission of hazardous and noxious substances and which
poses or may pose a threat to the marine environment, or to the coastline or related
interests of one or more States, and which requires emergency action or
immediate response.
2. Hazardous and
noxious substances means any substance other than oil which, if introduced
into the marine environment is likely to create hazards to human health, to
harm living resources and marine life, to damage amenities or to interfere with
other legitimate uses of the sea.
3. Sea ports and
hazardous and noxious substances handling facilities means those ports or
facilities where such substances are loaded into or unloaded from ships.
4. Organization
means the International Maritime Organization.
5. Secretary-General
means the Secretary-General of the Organization.
6. OPRC
Convention means the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990.
Art. 3 (Emergency plans and
reporting) — 1. Each Party shall require that ships entitled to fly its flag have
on-board a pollution incident emergency plan and shall require masters or other
persons having charge of such ships to follow reporting procedures to the
extent required. Both planning requirements and reporting procedures shall be
in accordance with applicable provisions of the conventions developed within
the Organization which have entered into force for that Party. On-board
pollution incident emergency plans for offshore units, including Floating
Production, Storage and Offloading Facilities and Floating Storage Units,
should be dealt with under national provisions and/or company environmental
management systems, and are excluded from the application of this article.
2. Each Party shall require that authorities or
operators in charge of sea ports and hazardous and noxious substances handling
facilities under its jurisdiction as it deems appropriate have pollution incident
emergency plans or similar arrangements for hazardous and noxious substances
that it deems appropriate which are co-ordinated with the national system
established in accordance with article 4 and approved in accordance with
procedures established by the competent national authority.
3. When the appropriate authorities of a Party learn
of a pollution incident, they shall notify other States whose interests are
likely to be affected by such incident.
Art. 4 (National and
regional systems for preparedness and response) — 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
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 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 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 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 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.
Art. 5 (International
co‑operation in pollution response) — 1.
Parties agree that, subject to their capabilities and the availability of
relevant resources, they will co‑operate and provide advisory services,
technical support and equipment for the purpose of responding to a pollution
incident, when the severity of the incident so justifies, upon the request of
any Party affected or likely to be affected. The financing
of the costs for such assistance shall be based on the provisions set out in
the Annex to this Protocol.
2. A Party which has requested assistance may ask the
Organization to assist in identifying sources of provisional financing of the
costs referred to in paragraph (1).
3. In accordance with applicable international
agreements, each Party shall take necessary legal or administrative measures to
facilitate:
(a) the
arrival and utilization in and departure from its territory of ships, aircraft
and other modes of transport engaged in responding to a 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 its territory of personnel,
cargoes, materials and equipment referred to in subparagraph (a).
Art. 6 (Research and
development) — 1. Parties agree to co-operate directly or, as
appropriate, through the Organization or relevant regional organizations or
arrangements in the promotion and exchange of results of research and
development programmes relating to the enhancement of the state‑of-the‑art
of preparedness for and response to pollution incidents, including technologies
and techniques for surveillance, containment, recovery, dispersion, clean‑up
and otherwise minimizing or mitigating the effects of pollution incidents, and
for restoration.
2. To this end, Parties undertake to establish
directly or, as appropriate, through the Organization or relevant regional
organizations or arrangements, the necessary links between Parties' research
institutions.
3. Parties agree to co‑operate directly or
through the Organization or relevant regional organizations or arrangements to
promote, as appropriate, the holding on a regular basis of international
symposia on relevant subjects, including technological advances in techniques
and equipment for responding to pollution incidents.
4. Parties agree to encourage, through the
Organization or other competent international organizations, the development of
standards for compatible hazardous and noxious substances pollution combating
techniques and equipment.
Art. 7 (Technical co‑operation) — 1. Parties undertake directly or through the
Organization and other international bodies, as appropriate, in respect of
preparedness for and response to pollution incidents, to provide support for
those Parties which request technical assistance:
(a) to train
personnel;
(b) to
ensure the availability of relevant technology, equipment and facilities;
(c) to
facilitate other measures and arrangements to prepare for and respond to
pollution incidents; and
(d) to
initiate joint research and development programmes.
2. Parties undertake to co‑operate actively,
subject to their national laws, regulations and policies, in the transfer of
technology in respect of preparedness for and response to pollution incidents.
Art. 8 (Promotion of
bilateral and multilateral co‑operation in preparedness and response) — Parties shall endeavour to conclude bilateral or
multilateral agreements for preparedness for and response to pollution
incidents. Copies of such agreements shall be communicated
to the Organization which should make them available on request to the Parties.
Art. 9 (Relation to
other conventions and other agreements) — Nothing in this
Protocol shall be construed as altering the rights or obligations of any Party
under any other convention or international agreement.
Art. 10 (Institutional
arrangements) — 1. Parties designate the Organization, subject to its
agreement and the availability of adequate resources to sustain the activity,
to perform the following functions and activities:
(a) information
services:
(i) to
receive, collate and disseminate on request the information provided by Parties
and relevant information provided by other sources; and
(ii) to provide assistance in identifying sources of
provisional financing of costs;
(b)
education and training:
(i) to
promote training in the field of preparedness for and response to pollution
incidents; and
(ii) to promote the holding of international symposia;
(c)
technical services:
(i) to facilitate co-operation in research and
development;
(ii) to provide advice to States establishing national
or regional response capabilities; and
(iii) to analyse the information provided by Parties
and relevant information provided by other sources and provide advice or
information to States;
(d)
technical assistance:
(i) to facilitate the provision of technical
assistance to States establishing national or regional response capabilities;
and
(ii) to facilitate the provision of technical
assistance and advice, upon the request of States faced with major pollution
incidents.
2. In carrying out the activities specified in this
article, the Organization shall endeavour to strengthen the ability of States
individually or through regional arrangements to prepare for and combat
pollution incidents, drawing upon the experience of States, regional agreements
and industry arrangements and paying particular attention to the needs of
developing countries.
3. The provisions of this article shall be implemented
in accordance with a programme developed and kept under review by the
Organization.
Art. 11 (Evaluation of the Protocol) — Parties shall evaluate within the Organization the
effectiveness of the Protocol in the light of its objectives, particularly with
respect to the principles underlying co-operation and assistance.
Art. 12 (Amendments) — 1.
This Protocol may be amended by one of the procedures specified in the
following paragraphs.
2. Amendment after consideration by the Organization:
(a) Any
amendment proposed by a Party to the Protocol shall be submitted to the
Organization and circulated by the Secretary-General to all Members of the
Organization and all Parties at least six months prior to its consideration.
(b) Any
amendment proposed and circulated as above shall be submitted to the Marine
Environment Protection Committee of the Organization for consideration.
(c) Parties
to the Protocol, whether or not Members of the Organization, shall be entitled
to participate in the proceedings of the Marine Environment Protection
Committee.
(d)
Amendments shall be adopted by a two thirds majority of only the Parties to the
Protocol present and voting.
(e) If
adopted in accordance with subparagraph (d),
amendments shall be communicated by the Secretary-General to all Parties to the
Protocol for acceptance.
(f) (i) An amendment to an article or the
Annex of the Protocol shall be deemed to have been accepted on the date on
which two thirds of the Parties have notified the Secretary-General that they
have accepted it.
(ii) An amendment to an appendix shall be deemed to
have been accepted at the end of a period to be determined by the Marine
Environment Protection Committee at the time of its adoption, in accordance
with subparagraph (d), which period
shall not be less than ten months, unless within that period an objection is
communicated to the Secretary-General by not less than one third of the
Parties.
(g) (i) An amendment to an article or the
Annex of the Protocol accepted in conformity with subparagraph (f)(i) shall enter into force six months after the date on which it
is deemed to have been accepted with respect to the Parties which have notified
the Secretary-General that they have accepted it.
(ii) An amendment
to an appendix accepted in conformity with subparagraph (f)(ii) shall enter into force six months
after the date on which it is deemed to have been accepted with respect to all
Parties with the exception of those which, before that date, have objected to
it. A Party may at any time withdraw a previously communicated objection by
submitting 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 one third of the Parties, the
Secretary-General shall convene a Conference of Parties to the Protocol to
consider amendments to the Protocol.
(b) An
amendment adopted by such a Conference by a two thirds majority of those
Parties present and voting shall be communicated by the Secretary-General to
all Parties for their acceptance.
(c) Unless
the Conference decides otherwise, the amendment shall be deemed to have been
accepted and shall enter into force in accordance with the procedures specified
in paragraph (2)(f) and (g).
4. The adoption and entry into force of an amendment
constituting an addition of an Annex or an appendix shall be subject to the
procedure applicable to an amendment to the Annex.
5. Any Party which:
(a) has not
accepted an amendment to an article or the Annex under paragraph (2)(f)(i); or
(b) has not
accepted an amendment constituting an addition of an Annex or an appendix under
paragraph (4); or
(c) has
communicated an objection 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 of such amendment. Such treatment shall terminate upon the
submission of a notification of acceptance under paragraph (2)(f)(i) or withdrawal of the objection under paragraph (2)(g)(ii).
6. The Secretary-General shall inform all Parties of
any amendment which enters into force under this article, together with the
date on which the amendment enters into force.
7. Any notification of acceptance of, objection to, or
withdrawal of objection to, an amendment under this article shall be
communicated in writing to the Secretary-General who shall inform Parties of
such notification and the date of its receipt.
8. An appendix to the Protocol shall contain only
provisions of a technical nature.
Art. 13 (Signature, ratification,
acceptance, approval and accession) — 1. This Protocol shall remain open for signature at
the Headquarters of the Organization from 15 March 2000 until 14 March 2001 and
shall thereafter remain open for accession. Any State party to the
OPRC Convention may become Party to this Protocol by:
(a)
signature without reservation as to ratification, acceptance or 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 effected by the deposit of an instrument to that effect with the
Secretary-General.
Art. 14 (States with
more than one system of law) — 1. If a State party to the OPRC Convention comprises
two or more territorial units in which different systems of law are applicable
in relation to matters dealt with in this Protocol, it may at the time of
signature, ratification, acceptance, approval or accession declare that this
Protocol shall extend to all its territorial units or only to one or more of
them to which the application of the OPRC Convention has been extended, and may
modify this declaration by submitting another declaration at any time.
2. Any such declarations shall be notified to the
depositary in writing and shall state expressly the territorial unit or units
to which the Protocol applies. In the case of modification the
declaration shall state expressly the territorial unit or units to which the
application of the Protocol shall be further extended and the date on which
such extension takes effect.
Art. 15 (Entry into
force) 1. This Protocol
shall enter into force twelve months after the date on which not less than
fifteen States have either signed it without reservation as to ratification,
acceptance or approval or have deposited the requisite instruments of
ratification, acceptance, approval or accession in accordance with article 13.
2. For States which have deposited an instrument of
ratification, acceptance, approval or accession in respect of this Protocol
after the requirements for entry into force thereof have been met but prior to
the date of entry into force, the ratification, acceptance, approval or
accession shall take effect on the date of entry into force of this Protocol 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
Protocol entered into force, this Protocol shall become effective three months
after the date of deposit of the instrument.
4. After the date on which an amendment to this
Protocol is deemed to have been accepted under article 12, any instrument of
ratification, acceptance, approval or accession deposited shall apply to this
Protocol as amended.
2. Denunciation shall be effected by notification in
writing to the Secretary-General.
3. A denunciation shall take effect twelve months
after receipt of the notification of denunciation by the Secretary-General or
after the expiry of any longer period which may be indicated in the
notification.
4. A Party denouncing the OPRC Convention also
automatically denounces the Protocol.
2. The Secretary-General shall:
(a) inform
all States which have signed this Protocol or acceded thereto of:
(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession, together with the date
thereof;
(ii) any declaration made under article 14;
(iii) the date of entry into force of this Protocol;
and
(iv) the deposit of any instrument of denunciation of
this Protocol together with the date on which it was received and the date on
which the denunciation takes effect;
(b) transmit
certified true copies of this Protocol to the Governments of all States which
have signed this Protocol or acceded thereto.
3. As soon as this Protocol enters into force, a
certified true copy thereof shall be transmitted by the depositary to the
Secretary-General of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
Annex — Reimbursement of
costs of assistance
1. (a)
Unless an agreement concerning the financial arrangements governing actions of
Parties to deal with pollution incidents has been concluded on a bilateral or
multilateral basis prior to the pollution incident, Parties shall bear the
costs of their respective actions in dealing with pollution in accordance with
subparagraph (i) or
subparagraph (ii).
(i) If the action was taken by one Party at the express
request of another Party, the requesting Party shall reimburse to the assisting
Party the costs of its action. The requesting Party may cancel its request at
any time, but in that case it shall bear the costs already incurred 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 apply unless the Parties concerned otherwise agree in any individual
case.
2. Unless otherwise agreed, the costs of action taken
by a Party at the request of another Party shall be fairly calculated according
to the law and current practice of the assisting Party concerning the
reimbursement of such costs.
3. The Party requesting assistance and the assisting
Party shall, where appropriate, co-operate in concluding any action in response
to a compensation claim. To that end, they shall give due
consideration to existing legal regimes. Where the action thus concluded does
not permit full compensation for expenses incurred in the assistance operation,
the Party requesting assistance may ask the assisting Party to waive
reimbursement of the expenses exceeding the sums compensated or to reduce the
costs which have been calculated in accordance with paragraph (2). It may also
request a postponement of the reimbursement of such costs. In considering such
a request, assisting Parties shall give due consideration to the needs of the
developing countries.
4. The provisions of this Protocol shall not be
interpreted as in any way prejudicing the rights of Parties to recover from
third parties the costs of actions to deal with pollution or the threat of
pollution under other applicable provisions and rules of national and
international law.