Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given Decree No. 53-192 of 14 March 1953 Amended concerning the ratification and publication of international commitments entered into by France;
Having regard to Decree No. 96-663 of 22 July 1996 Publication of the 1990 International Convention on the Preparation, Control and Cooperation in respect of Oil Pollution (set out in an annex), signed by France on 13 September 1991
The 2000 Protocol on the Preparation, Control and Cooperation against Pollution Events by Harmful and potentially dangerous substances (set up in an annex), made in London on 15 March 2000, will be published in the Official Journal of the French Republic.
Prime Minister and Minister for Foreign and European Affairs shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
P R O T O C O L E D E 2 0 0 0
ON PREPARATION, COMBATING AND COOPERATION AGAINST POLLUTION EVENTS BY NOCIVE AND POTENTIALLY SUBSTANCES DANGEROUS (ALL SCHEDULE)
The Parties to this Protocol,
Being party to the 1990 International Convention on the Preparation, Control and Cooperation in the Field of Oil Pollution, made in London on 30 November 1990;
Taking into account resolution 10 on the enlargement of the The scope of the 1990 International Convention on the Preparation, Control and Cooperation on Oil Pollution of Hazardous and Noxious Substances, which was adopted by the 1990 Conference on International cooperation in the field of preparedness and response Oil pollution; and
In addition to the fact that, pursuant to resolution 10 of the 1990 Conference on International Cooperation in the Preparation and Response to Pollution by Hydrocarbon, the International Maritime Organization has intensified its work, in collaboration with all interested international organizations, on all aspects of the preparation, struggle and cooperation against Pollution by harmful and potentially dangerous substances;
Account of the principle " "Polluter pays" As a general principle of international environmental law;
Conscious of the development of a strategy to incorporate the precautionary approach into the policies of the International Maritime Organization;
Conscious Also that in the event of an event of pollution by the harmful and potentially dangerous substances of prompt and effective measures is essential to limit the damage that could result from such an event,
have agreed to that which Follows:
Item 1
General
1. The Parties undertake, individually or jointly, to take all appropriate measures, in accordance with the provisions of this Protocol and its annex, to prepare for the fight and to combat pollution events by Harmful and potentially dangerous substances.
2. The Annex to this Protocol shall form an integral part thereof and any reference to this Protocol shall at the same time refer to its Annex.
3. This Protocol shall not apply to warships, auxiliary warships or other ships owned or operated by a State and used exclusively, at that time, for a non-commercial public service. However, each Party shall ensure, by taking appropriate measures which do not compromise the operations or operational capacity of such vessels owned or operated by it, that such vessels operate in a compatible manner With this Protocol, provided that this is reasonable and practicable.
Article 2
Definitions
For the purposes of this Protocol:
1. Pollution event by harmful and potentially dangerous substances (hereafter referred to as " Pollution event ") Means any fact or set of facts having the same origin, including a fire or explosion, resulting or may result from the release, release or emission of harmful and potentially dangerous substances that present or may Pose a threat to the marine environment or to the coastline or related interests of one or more states, requiring urgent action or immediate control measures.
2. Harmful and potentially dangerous substances Any substance other than a hydrocarbon which, if introduced into the marine environment, Risk of endangerment of human health, damage to biological resources and marine flora and fauna, damage to the accreditation of sites or interference with any other legitimate use of the
. Marine ports and hazardous and potentially hazardous materials handling facilities are the ports and facilities in which ships load and discharge such substances.
4. Organization means the International Maritime Organization.
5. Secretary-General designates the Secretary-General of the
. OPRC Convention refers to the 1990 International Convention on the Preparation, Control and Cooperation of Oil Pollution.
Article 3
Contingency Plans and Notification
1. Each Party shall require that vessels authorised to fly its flag have on board an emergency plan against pollution events and that the masters or other persons responsible for such vessels comply with notification procedures, In accordance with the requirements. Emergency plan requirements and notification procedures shall be in accordance with the applicable provisions of the conventions developed by the Organization that have entered into force in respect of that Party. Contingency plans for pollution events for offshore installations, including floating production, storage and unloading facilities and floating storage units, should be covered by the provisions National and/or corporate environmental management systems and are excluded from the scope of this Article.
2. Each Party shall require that the authorities or operators in charge of the seaports and Hazardous and potentially hazardous substance handling facilities Of its jurisdiction, for which it considers it appropriate, to have contingency plans for pollution events or similar arrangements for harmful and potentially dangerous substances that it deems appropriate, which are coordinated With the national system established in accordance with Article 4 and approved in accordance with procedures laid down by the competent national authority.
3. When the competent authorities of a Party learn that a pollution event has occurred, they shall notify other States whose interests are likely to be affected by this event.
Article 4
Systems National and Regional Preparedness and Control
1. Each Party shall establish a national system for the rapid and effective control of pollution events. This system has at least:
a) the designation:
i) the competent national authority or authorities responsible for the preparation and control of pollution events;
ii) the national operational point or points of contact; and
iii) an authority which is Empowered to act on behalf of the State to request assistance or to decide to provide the requested assistance;
b) a national contingency plan for the preparation and fight which includes the pattern of relations between the various bodies Concerned, whether public or private, taking into account the directives drawn up by
addition, each Party, to the extent of its means, either individually or in the framework of bilateral or multilateral cooperation and, where appropriate, in cooperation with the maritime industry and the industry Harmful and potentially dangerous substances, port authorities and other appropriate entities, set up:
(a) a minimum quantity of pollution event control equipment, established in advance and appropriate to the risk, and programs related to the use of such equipment; and
(b) an exercise program for the purpose of Organizations to control pollution events and training of personnel involved;
(c) detailed plans and means of communication to control pollution events. These means should be available on an ongoing basis; and
d) a mechanism or arrangement to coordinate pollution event operations that can, where appropriate, mobilize the necessary resources.
3. Each Party shall ensure that up-to-date information is provided to the Organization either directly, through the appropriate organization or regional arrangements, in respect of:
(a) the location, data relating to telecommunications and, where applicable, the areas of responsibility of the authorities and services referred to in paragraph 1 (a);
(b) information on pollution control equipment and Expert services in areas relating to pollution events and maritime assistance that could be provided on request to other States; and
(c) its national emergency plan.
Article 5
International cooperation
the fight against pollution
1. The Parties agree to cooperate, on the basis of their means and the availability of appropriate resources, with a view to providing advice, technical support and equipment for dealing with a pollution event, when The seriousness of the event justifies it, at the request of any Party affected by or likely to be affected by this event. Financing of the costs of such assistance shall be provided on the basis of the provisions set out in the Annex to this Protocol.
2. A Party requesting assistance may request assistance from the Organization to identify sources of Interim financing of fees referred to in paragraph 1.
3. In accordance with the applicable international agreements, each Party shall take the necessary legal or administrative measures to facilitate:
(a) the arrival and use in its territory and the departure of ships, aircraft and other means of transport involved in the fight against an event of pollution or carrying personnel, cargo, products and Equipment required to deal with such an event; and
(b) the expeditious movement of personnel, cargo, products and equipment referred to in the paragraph to, within and from its territory.
Article 6
Research and Development
1. The Parties agree to cooperate directly or, where appropriate, through the Organization or appropriate regional organizations or arrangements to promote the exchange of results of research and development programmes aimed at Improve existing techniques for the preparation and control of pollution events, including technologies and techniques for monitoring, containment, recovery, dispersion and cleaning, and other means Limit or mitigate the effects of pollution events, And rehabilitation techniques.
2. To this end, the Parties undertake to establish directly or, where appropriate, through the Organization or appropriate regional organizations or arrangements, the necessary links between the research institutes of the
. The Parties agree to cooperate directly or through the Organization or appropriate regional organizations or arrangements to promote, where appropriate, the holding, at regular intervals, of international conferences on Relevant issues, including advances in means and equipment technology to control pollution events.
4. The Parties agree to encourage, through the Organization or other relevant international organizations, the development of standards to ensure the compatibility of pollution control technologies and equipment by Harmful and potentially hazardous substances.
Article 7
Technical cooperation
1. The Parties undertake, directly or through the Organization and other international bodies, where appropriate, in the preparation and control of pollution events, to provide support to Parties requesting a Technical assistance for:
a) train personnel;
b) ensure the availability of appropriate technology, equipment and facilities;
c) facilitate other measures and arrangements to prepare for and control pollution events;
2. The Parties undertake to cooperate actively, subject to their national laws, regulations and policies, for the transfer of technology Pollution event preparation and control.
Article 8
Promotion of bilateral and multilateral cooperation
preparedness and control
The Parties shall endeavour to conclude bilateral or multilateral agreements on Preparation and control of pollution events. A copy of these agreements is communicated to the Organization, which should make them available to the requesting Parties.
Article 9
Relationship to other conventions and agreements
Nothing in this Protocol shall be construed as impairing the rights or obligations of any Party under other international agreements or agreements.
Article 10
Arrangements Institutional
1. The Parties mandate the Organization, subject to its agreement and the availability of sufficient resources to maintain these activities, to perform the following functions and activities:
(a) information services:
i) receive, Collate and disseminate on request information provided by Parties and relevant information provided by other sources; and
ii) provide assistance to help identify sources of interim financing of fees ;
b) education and training:
i) promote training in pollution event preparation and control; and
ii) encourage international seminars;
c) technical services:
i) facilitate cooperation in research and development;
ii) provide advice to states implementing national or regional pollution event control capacity; and
iii) analyze Information provided by Parties and relevant information provided by other sources and provide advice or information to States;
(d) technical assistance:
i) facilitate the provision of technical assistance to States implementing a national or regional capacity to combat pollution events; and
ii) facilitate the provision of technical assistance and advice, on
carrying out the activities referred to in this Article, the Organization shall endeavour to strengthen the capacity of States, separately or through regional arrangements, to Pollution event preparation and control, by firing Party of State experience, regional agreements and industrial sector arrangements and paying special attention to the needs of developing countries.
3. The provisions of this Article shall be implemented in accordance with a programme developed and constantly reviewed by the Organization.
Article 11
Evaluation of the Protocol
The Parties shall evaluate Within the Organization the effectiveness of the Protocol according to its objectives, in particular with regard to the principles governing cooperation and assistance.
Article 12
Amendments
1. This Protocol may be amended in accordance with one of the procedures set out 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 to all Parties at least six months before its consideration.
(b) Any proposed amendment And circulated in accordance with the above procedure shall be submitted for consideration by the Committee for the Protection of the Marine Environment of the Organization.
(c) The Parties to the Protocol, whether or not they are members of the Organization, shall be permitted to participate in the proceedings The Marine Environment Protection Committee.
(d) The amendments are adopted at The majority of only two-thirds of the Parties to the Protocol present and voting.
(e) If adopted in accordance with paragraph (d), the amendments shall be communicated by the Secretary-General to all Parties to the Protocol for acceptance
(i) An amendment to an article or the Annex to 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
. Accepted at the expiration of a time limit set by the Committee on Environmental Protection In accordance with subparagraph (d) but not less than ten months, unless during that period an objection has been communicated to the Secretary-General by at least one third of the Parties
Article or the Annex to the Protocol which is accepted in accordance with subparagraph (f (i) shall enter into force six months after the date on which it is deemed to have been accepted in respect of the Parties that have notified the Secretary-General that they accept
. An amendment to an Appendix which is accepted in accordance with paragraph (f) (ii) shall enter into force six Months after the date on which it is deemed to have been accepted in respect of all Parties except those which, prior to that date, have communicated an objection. A Party may at any time withdraw an objection previously communicated by submitting a notification to that effect to the Secretary-
. Amendment by a conference:
(a) At the request of a Party, supported by at least one third of the Parties, the Secretary-General shall convene a Conference of the Parties to the Protocol to consider amendments to the Protocol
Majority of two-thirds of the Parties present and voting shall be communicated by the Secretary-General to all Parties for acceptance.
(c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and Effective in accordance with the procedures set out in paragraphs 2 f and g.
4. The adoption and entry into force of an amendment to add an annex or an appendix are subject to the procedures for an amendment to the Annex.
5. Any Party:
(a) that has not accepted an amendment to an article or the Annex under paragraph 2 (f) or
b) that has not accepted an amendment to add an annex or an appendix under paragraph 4, or
(c) that has Communicated an objection to an amendment to an appendix under paragraph 2 (f ii),
shall be considered to be non-Party for the sole purpose of the application of that amendment, until the submission of a notification of acceptance under paragraph 2 (f) 2 (f) or withdrawal of the objection under paragraph 2 (g) (ii
. The Secretary-General shall inform all Parties of any amendments that come into force under this Article and the date on which the amendment enters into force.
7. Any declaration of acceptance, objection or withdrawal of an objection to an amendment under this Article shall be notified in writing to the Secretary-General. It shall inform the Parties of this notification and of its date of
. An appendix to the Protocol contains only technical provisions.
Article 13
Signature, ratification, acceptance,
approval and accession
1. This Protocol shall be open for signature at the headquarters of the Organization from 15 March 2000 to 14 March 2001 and shall thereafter be open for accession. Any State Party to the OPRC Convention may become a 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.
Article 14
States with more than one legal regime
1. If a State Party to the OPRC Convention has two or more territorial units, in which different legal regimes are applicable to matters dealt with in this Protocol, it may, at the time of the Signature, ratification, acceptance, approval or accession, declare that this Protocol applies to all its territorial units, or only to one or more of them to which the application of the The OPRC Convention has been extended, and it can amend this declaration by submitting a Other declaration at any time.
2. Any such declaration shall be notified in writing to the depositary and shall expressly specify the territorial unit or units to which the Protocol applies. In the event of an amendment, the declaration shall state expressly the territorial unit or units to which the application of the Protocol is also extended, and the date on which such extension takes effect.
Article 15
Coming into force
1. This Protocol shall enter into force twelve months after the date on which at least fifteen States have either signed this Protocol without reservation as to the ratification, acceptance or approval, or deposited the requisite instruments of ratification, Acceptance, approval or accession, in accordance with Article 13.
2. For those States which have deposited an instrument of ratification, acceptance, approval or accession to this Protocol after the conditions governing its Entered into force but before its 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 if the latter date is later.
3. For those States which have deposited an instrument of ratification, acceptance, approval or accession to this Protocol after its entry into force, this Protocol shall take effect three months after the date of deposit of the instrument
4. Any instrument of ratification, acceptance, approval or accession deposited after the date on which an amendment to this Protocol is deemed to have been accepted in accordance with Article 12 shall apply to the Protocol in its amended form.
Article 16
Denunciation
1. This Protocol may be terminated by any Party at any time after the expiration of five years from the date on which it enters into force for that Party.
2. Denunciation shall be effected by means of a Written notification to the Secretary-
. Denunciation shall take effect twelve months after the date on which the Secretary-General has received notification or the expiration of any longer period specified in the
. A Party that denounces the OPRC Convention also automatically denounces the Protocol.
Article 17
Depositary
1. This Protocol shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) inform all States that have signed or acceded to this Protocol:
i) any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as their date;
ii) any declaration made under Article 14;
iii) of the date The entry into force of this Protocol; and
(iv) the deposit of any instrument of denunciation of this Protocol, as well as the date on which it was received and the date on which the denunciation takes effect;
(b) transmits copies Certified pursuant to this Protocol to the Governments of all States which have signed it or who have signed it Have joined.
3. Upon entry into force of this Protocol, a certified copy shall be transmitted by the depositary to the Secretary-General of the United Nations to be registered and published in accordance with Article 102 of the Charter of the United Nations. United Nations.
Article 18
Languages
This Protocol shall be established in a single original in Arabic, Chinese, English, French, Russian and Spanish languages, each text being also Faith.
In witness whereof, the undersigned (*), duly authorized to that effect by Their governments, have signed this Protocol.
Done at London, March 15, two thousand.
A N N E X E
REIMBURSEMENT OF COSTS ASSISTANCE
1. (a) Unless an agreement on the financial provisions governing measures taken by Parties to deal with a pollution event has been concluded on a bilateral or multilateral basis prior to the pollution event, each Party shall Shall bear the costs of the measures it has taken to deal with pollution in accordance with paragraph (i) or (ii) below:
(i) If measures are taken by a Party on the express request of another Party, the requesting Party shall Reimburses the assisting Party for the cost of such measures. The requesting Party may cancel its request at any time, but in this case it shall bear the costs already incurred or incurred by the assisting Party.
(ii) If measures are taken by a Party on its own initiative, that Party shall assume the
(b) The principles set out in subparagraph (a) shall apply unless the Parties decide otherwise in each individual case.
2. Unless otherwise decided, the costs of the measures taken by a Party on the request of another Party shall be calculated in a fair manner in accordance with the law and practice in the country of the assisting Party in respect of Reimbursement of these costs.
3. The requesting Party and the assisting Party shall cooperate, as appropriate, to carry out any claim for compensation. They shall take due account of existing legal regimes. Where the action so conducted does not provide for full compensation for the expenses incurred in the assistance operation, the requesting Party may request the assisting Party to waive the reimbursement of costs which exceed Compensation or to reduce the costs that have been calculated in accordance with paragraph 2. It may also request a refund of such costs. When considering such a request, the assisting Parties shall take due account of the needs of developing
. The provisions of this Protocol shall not be construed to affect in any way the rights of the Parties to recover from third parties the cost of measures taken to deal with pollution or a threat thereof Pollution under other applicable provisions and rules of national and international law.
Done at Paris, July 24, 2007.
Nicolas Sarkozy
By the President of the Republic:
Prime Minister,
François Fillon
Foreign Affairs Minister
and European,
Bernard Kouchner
