Ships to carry emergency plans to deal with HNS with entry into force of OPRC-HNS Protocol on 14 June 2007
From 14 June 2007, ships flying the flag of a Party to the OPRC-HNS Protocol must carry a pollution emergency plan to deal specifically with incidents involving hazardous and noxious substances, such as chemicals.*
The new requirement is one of a list of measures included in the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances (OPRC-HNS Protocol), of 2000, which enters into force on 14 June 2007.
The OPRC-HNS Protocol was adopted to expand the scope of the 1990 International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC 1990), which entered into force on 13 May 1995, so as to cover hazardous and noxious substances that, if spilled, could have a detrimental impact on the marine environment (or on marine ecosystems). The Protocol defines HNS as substances other than oil, which, if introduced into the marine environment, have the potential 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 (a definition which is wider than that under the 1996 HNS Convention).
States which are party to the OPRC-HNS Protocol are required to establish a national system for responding to HNS, including a designated national authority, a national operational contact point and a national contingency plan. This needs to be backstopped by a minimum level of response equipment, communications plans, regular training and exercises.
States must also provide assistance, to the extent possible and feasible, to other States in the event of a pollution emergency. There is a provision in the Protocol for the reimbursement of any assistance provided, which is concerned with reimbursement by either the requesting or assisting Party, although the Protocol specifically states that it should 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.
States should also try to conclude bilateral or multilateral agreements on preparedness for, and response to, pollution incidents involving HNS.
IMO has developed a wide array of tools including model training courses, manuals and guidance documents to assist countries in developing their capacity for dealing with incidents involving HNS and meeting their obligations under the Protocol. States may also request assistance from IMO, through its Integrated Technical Co-operation Programme, in meeting these obligations and in implementing the provisions of the Protocol.
The OPRC-HNS Protocol currently has 18 Parties. States that accede to the Protocol derive a number of benefits, such as:
- Access to an international platform for co-operation and mutual assistance in preparing for, and responding to, major HNS pollution incidents and a mechanism for establishing co-operative arrangements with other States Parties.
- A means for urgently accessing relevant technical assistance and response resources in the event of an HNS incident.
- A framework for the development of national and regional capacity to prepare for, and respond to, HNS incidents.
- Participation in a network for the exchange of new research and development information, best practices and practical experiences in HNS response.
- Access to training and support for developing the essential preparedness and response structures and legislation, at national and regional levels, through IMO’s Integrated Technical Co-operation Programme.
Such benefits contribute to the enhanced protection of a State’s coastal zone and marine environment, including human health and resources.
*INTERTANKO members are being advised that the “Shipboard Marine Pollution Emergency Plan” (SMPEP), as required under MARPOL for ships carrying oil and noxious liquid substances, should satisfy requirements for a “Pollution Incident Emergency Plan” under the OPRC-HNS Protocol in Member States. This has been confirmed previously by the UK MCA.
Based on IMO Briefing 14/2007, 13 June 2007. Some additional information supplied by the International Group with assistance from ITOPF.
See also Chemical Spills - OPRC-HNS Protocol in Force June 2007
