THE ASSEMBLY,
RECALLING Article 15(j) of the Convention on the
International Maritime Organization concerning the functions of the Assembly
in relation to guidelines concerning the prevention and control of marine
pollution from ships,
RECALLING ALSO resolution
A.625(15) concerning the arrangements for the entry and clearance of marine
pollution response resources during emergency situations,
BEING AWARE that the International Convention on Oil
Pollution Preparedness, Response and Co-operation (OPRC Convention), 1990,
and in particular Article 7 thereof, stipulates, "inter alia", that each
Party to the OPRC Convention shall take the necessary legal or
administrative measures to facilitate: the arrival and utilization in and
departure from its territory of ships, aircraft and other modes of transport
engaged in responding to an oil pollution incident or transporting
personnel, cargoes, materials and equipment required to deal with such an
incident; and the expeditious movement into, through, and out of its
territory of such personnel, cargoes, materials and equipment,
BEING AWARE ALSO that the Annex to the OPRC Convention
makes provision for the reimbursement of costs of assistance,
BEING AWARE FURTHER that experience in responding to a
major oil pollution incident requiring resources outside a country has
clearly demonstrated the critical importance of administrative procedures to
facilitate rapid provision of assistance and deployment of human resources
and equipment,
NOTING the decisions and
recommendations made by the Marine Environment Protection Committee at its
thirty-eighth session,
1. ADOPTS
the Guidelines for Facilitation of Response to an Oil Pollution Incident set
out in the Annex to the present resolution;
2. URGES Contracting Parties to
the above-mentioned OPRC Convention to implement the Guidelines;
3. URGES ALSO all Member
Governments to implement the Guidelines;
4. REQUESTS the Marine
Environment Protection Committee to keep the Guidelines under review taking
into account experience gained in their use.
Annex Guidelines for facilitation of response to an oil pollution
incident pursuant to article 7 and annex of the International Convention on
Oil Pollution Preparedness, Response and Co-operation, 1990
1  If a State needs
assistance in the event of an oil pollution incident, it may ask for
assistance from other States, indicating the scope and type of assistance
required. A State to which a request for assistance is directed should
promptly decide and inform the requesting State whether it is in a position
to render the assistance required and indicate the scope and terms of the
assistance that might be rendered.
2  The States
concerned should co-operate to facilitate the prompt provision of assistance
agreed to under paragraph 1 of these Guidelines, including, where
appropriate, action to minimize the consequences and effects of the oil
pollution incident, and to provide general assistance. Where States do not
have bilateral or multilateral agreements which cover their arrangements for
providing mutual assistance, the assistance should be rendered in accordance
with the following provisions, unless the States agree otherwise.
3  The requesting
State is responsible for overall supervision, control and co-ordination of
the response to the incident and of the assistance supplied. Personnel sent
by the assisting State are normally in charge of the immediate operational
supervision of its personnel and equipment. The personnel involved in the
assisting operation should act in accordance with the relevant laws of the
requesting State, which should endeavour to inform the assisting State of
the relevant laws. The appropriate authorities of the requesting State shall
co-operate with the authority designated by the assisting State.
4  The requesting
State should, to the extent of its capabilities, provide local facilities
and services for the proper and effective administration of the assistance,
including decontamination activities, and should ensure the protection and
return of personnel, equipment and materials brought into its territory by,
or on behalf of, the assisting State for such a purpose.
5  The requesting
State should use its best efforts to afford to the assisting State and
persons acting on its behalf the privileges, immunities or facilities
necessary for the expeditious performance of their assistance function. The
requesting State should not be required to apply this provision to its own
nationals or permanent residents or to afford them the privileges and
immunities referred to above.
6
 A State should, at the request of the requesting or assisting
State, endeavour to facilitate the transit through its territory of duly
notified personnel, equipment and property involved in the assistance to and
from the requesting State.
7
 The requesting State should facilitate the entry into, stay in
and departure from its national territory of duly notified personnel and of
equipment and property involved in the assistance.
8  With regard to
actions resulting directly from the assistance provided, the requesting
State should reimburse the assisting State for the loss or any damage to
equipment or other property belonging to the assisting State. The requesting
State should also reimburse the assisting State for expenses involved in
such assistance arising from the death of, or injury to, persons, or the
loss or damage to property, incurred by personnel acting on behalf of the
assisting State. This would not prevent the requesting State from seeking
reimbursement as part of its claim under the appropriate compensation
convention.
9  The
States concerned should co-operate closely in order to facilitate the
settlement of legal proceedings and claims which could result from
assistance operations.
10
 The affected or requesting State may at any time, after
appropriate consultations and by notification, request the termination of
assistance received or provided under this Convention. Once such a request
has been made, the States concerned should consult one another with a view
to making arrangements for the proper termination for the assistance.
11  As the
assistance should not be delayed for administrative or other reasons, the
necessary legislation should be adopted during the preparedness phase, i.e.
before the incident which would require assistance. This is particularly
relevant to paragraphs 4 to 8 above.
12  Similar
facilitation should be implemented by States concerned when personnel or
equipment are provided on behalf of a shipowner, a cargo owner or other
relevant entities.
13
 In some oil pollution incidents, a shipowner, cargo owner or
other private entity may be best placed to call upon dedicated equipment,
materials and trained operators to assist with the clean-up response. In
order to benefit from the availability of such resources and to ensure their
rapid deployment, the State requesting or being offered assistance should
facilitate the entry, clearance and subsequent return of the persons,
materials and equipment provided. Public authorities should, in so far as it
is possible, waive customs and excise duties and other taxes on any
equipment and materials provided on a temporary basis for the purpose of
assisting in the response to an oil pollution inc