Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic
Annex IV: Operational Manual
Arctic CouncilCooperation on Marine Oil Pollution Preparedness and Response in the Arctic
Appendix IV : OPERATIONAL MANUAL
[Type the author name]
9/27/2012
Appendix IV: Operational Manual
Contents
Introduction 2
Definitions 2
1. Notification Procedures 3
1.1. Notification 3
1.2. Activation and Deactivation of a Request for Assistance 4
2. Requests and Provision of Assistance 5
2.1. Initiation of the Request for Assistance 6
2.2. Provision of Assistance 6
3. Coordination and Cooperation in Response Operations 7
3.1. Command Structure and Operations 7
3.2. Communication during Operations 9
3.2.1. Public Communications 9
3.2.2. Communication between Competent Authorities and the Operational Control 9
3.2.3. Communication between an Assisting Country and its Strike Teams 9
3.3. Operative Communications 10
3.3.1. Communication between the Operational Control, the OSC and Flight Operations 10
3.3.2. Communication between the OSC and the NOSC 10
3.3.3. Communication between NOSCs 11
3.3.4. Communication between the NOSCs and their Strike Teams 11
3.3.5. Communication between Strike Teams 11
4. Movement and Removal of Resources across Borders
4.1. Removal/Management of Waste
4.2. Customs and Immigration Clearance
5. Joint Review of Oil Pollution Incident Response Operations
6. Joint Exercises and Training
7. Reimbursement of Costs of Assistance
Introduction
The Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic (“Agreement”) includes the following Operational Manual (OM). The OM addresses procedures for notification, request for assistance, co-operation in response operations, administrative issues and other recommended measures to facilitate an effective cooperative oil spill response. It is recommended that this document be consulted when two or more Parties to the Agreement participate in a joint operation to respond to oil spills in the Arctic. This Manual should be regarded, in part, as a practical implementation of the OPRC Convention.
The Parties also acknowledge the development of Guidelines on International Offers of Assistance (IOA) being developed by the International Maritime Organization and will endeavor to synchronize the m in the IOA with the guidelines being developed for the OM and with other existing bilateral or multilateral agreements.
Definitions [to be completed upon finalization of document]
Appropriate response: A series of actions aimed at mitigating the impacts of a marine oil pollution incident on the environment, economy and public safety in a manner fitting the unique characteristics and requirements of the incident. Responses are based on available information and established response techniques, and may be amended during the incident as a result of additional or updated information. An appropriate response depends upon the incident specifics and may include everything from the assessment and verbal acknowledgement of a spill report to the deployment of resources.
Assisting Nation: Party that can provide assistance to another Party for response operations or joint exercises and training.
Competent National Authority: Agency responsible for response operations and with which assisting parties will communicate to coordinate response operations (see Appendix I). See Appendix III for the list of Authorities entitled to request assistance or to decide to render assistance requested.
Liaison officer: Representative of an Assisting Nation assigned to the Requesting Nation’s Operational Control.
National On-Scene Commander: Lead individual from Assisting Nation responsible for managing and coordinating Assisting Nation response operations at sea, under the leadership of the On-Scene Commander.
On-Scene Commander: Individual responsible for managing and coordinating response operations and personnel at sea.
Operational Control: The control and command function that is undertaken by the appointed national authority of a Requesting Nation in charge of a joint combating operation related to the disposition and use of personnel and equipment placed at its disposal.
Party: Arctic Council Member States which have consented to be bound by the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic and for which the Agreement is in force (the Government of Canada, the Government of the Kingdom of Denmark, the Government of the Republic of Finland, the Government of Iceland, the Government of the Kingdom of Norway, the Government of the Russian Federation, the Government of the Kingdom of Sweden and the Government of the United States of America)
Requesting Nation: Party requesting assistance and initiating joint response operations, exercises or training and often the Party in whose [area of responsibility] the spill originated
Strike Team: Specified combinations of the same kind and type of resources, with common communications and a Leader.
Task Force: A temporary group of resources with common communications and a Leader that may be pre-established and sent to an incident, or formed at an incident
1. Notification Procedures
1.1. Notification
1.1.1. A Party that discovers and identifies a significant oil pollution incident must notify other Parties of the incident without unnecessary delay using the National 24-hour Operational Contact Points provided in Appendix II. The decision to notify other Parties of an oil pollution incident will be determined by each Party based on the Party’s understanding of “significant oil pollution incident”. Notification does not constitute an automatic activation of response under the Agreement.
1.1.2. The incident must be given an incident number and/or name which must be used in all correspondence.
1.1.3. Initial notification can be verbal (via telephone) and must be followed up in writing (via fax/e-mail), and include the following:
a. Name, country and contact information of the person notifying of the incident and telephone number at which this person can be contacted;
b. Date and time of incident in Coordinated Universal Time (UTC) (if unknown, the estimated date and time, as well as the date and time of the discovery)
c. Location of incident or where the spill is observed (geographic coordinates);
d. Name of the substance released and any identifying number of the substance;
e. Situation assessment (source of spill, estimated amount and type of oil spilled, predicted drift, speed of movement, the means of containment (from which the substance was released), description of its condition, and any complicating factors;
f. Details of the actions taken or further actions contemplated (to contain, recover, clean up or dispose of the substance released);
g. Source/Responsible Party (polluter, ship name, ship owner, etc.), the name and address of the person who owned or had the charge, management, or control of the substance immediately before the occurrence (if known);
h. Cause of the occurrence (if known);
i. Surrounding area or environment affected;
j. Names of the agencies notified or on scene;
k. Any other details as necessary; and,
l. Request for assistance, if needed, and type and amount of assistance needed.
1.1.4. A sample notification form is appended to the OM.
1.2. Activation and Deactivation of a Request for Assistance
1.2.1. A request for assistance can be made by an authority entitled to request assistance (as per Appendix III) when:
a. An oil pollution incident originates within the area of responsibility of one Party and includes a threat of the pollutant spreading into the area of responsibility of the other Party, or where the spreading has already occurred.
b. An oil pollution incident occurs where no pollutants have spread or threaten to spread into both areas of responsibility, but the magnitude of the incident exceeds one nation’s capacity to respond and assistance is needed to respond.
1.2.2. The Requesting Nation may decide to end the coordinated response to an oil pollution incident following consultation and consent among affected Parties. This decision would trigger demobilization of the response by the Assisting Nation.
1.2.3. If circumstances so warrant, an Assisting Nation may terminate its assistance, in part or completely. Information on the termination shall be communicated in writing to the Competent National Authority of the Requesting Nation. The Assisting Nation should make every effort to provide the Requesting Nation with [as much lead time as possible] prior to terminating assistance to allow the Requesting Nation time to determine next steps.
2. Requests and Provision of Assistance
2.1 Initiation of the Request for Assistance
2.1.1. When the severity of an oil pollution incident so warrants, or when a Party is unable to adequately respond, a request for assistance can be made by the Competent National Authority of the affected Party to the Competent National Authority of another Party to combat the oil spill.
2.1.2. A request for assistance can be made verbally but must be followed by a written request to the National 24-hour Operational Contact Points listed in Appendix II using the sample notification form appended to the OM.
2.1.3. The timing and establishment of a coordinated response should be negotiated between the Parties in question, giving due regard to the overall picture and any possible trends in its development.
2.1.4. The Requesting Nation is responsible for determining the type and amount of assistance needed which may include, but is not limited to the following:
· Specific equipment only (surveillance aircraft, helicopters, vessels, clean-up equipment, etc);
· Specific equipment with trained personnel;
· Complete strike teams;
· Personnel with special expertise; and
· Personnel and incident support equipment (tents, portable kitchens, latrines, etc.)
2.1.5. Strike teams can consist of personnel, oil spill response vessels and equipment for:
· Communication;
· Personal safety (protective suits, breathing apparatus, training);
· Oil pollution clean-up (containment and absorbent booms, skimmers, chemical dispersants and other spill-treating agents);
· Storage and transport of recovered oil, oiled debris and oiled wildlife;
· Trained crews and personnel for handling equipment; and,
· Division Leader/Branch Supervisor with the necessary staff to manage the work of the strike teams according to instructions from the appointed commanding authority.
2.1.6. The existing national decision-making process of each Party must be followed to determine whether dispersants or other chemicals will be used to respond to an oil pollution incident. The use of dispersants or other chemicals in situations which can affect the interests of both Parties will only be undertaken upon agreement.
2.1.7. The Requesting Nation is responsible for establishing administrative procedures to facilitate international assistance. See Section XYZ (to be completed at later date).
2.1 Provision of Assistance
2.1.1. The Assisting Nation should make every best effort to provide the assistance requested, and in a timely manner.
2.1.2. When a request for assistance is received, the Competent National Authority will evaluate the request and consider the following when making a decision:
· Potential risk to the Assisting Nation’s personnel and equipment;
· Propriety and justification of the request;
· Capability to respond;
· Financial situation/economy;
· Impact the request will have on normal operations, and;
· Any other factor deemed important.
2.1.3. Each Party’s National Competent Authorities must ensure that key stakeholders are kept informed as per each Party’s national response plan and procedures.
2.1.4. Should a Party decline a request for assistance from a Requesting Nation, the Party is not obligated to provide justification for its decision.
2.1.5. The Assisting Nation should be prepared to provide the Requesting Nation with all available documentation and information regarding the estimated costs related to the response operation as soon as possible.
2.1.6. The Assisting Nation should be prepared to appoint liaison officers to the staff of the Operational Control of the Requesting Nation and/or on scene in order to secure and communicate the necessary details of the situation.
3. Coordination and Cooperation in Response Operations
This manual sets out provisions for a coordinated response to oil pollution incidents that affect or threaten to affect the respective areas of responsibility of the Parties. It assists the Competent National Authorities to mitigate the effects of oil pollution incidents on human health and safety, property and the environment, and provides for coordinated and integrated response operations. Response efforts must be undertaken without delay in order to be effective and to minimize damage that may result from an oil pollution incident. Safety is the primary response objective. Each incident requires an appropriate response and the establishment of incident objectives to meet the unique challenges of each oil pollution incident.
It is recognized that some Parties may already have bi-lateral or multi-lateral contingency plans in place that will guide or address coordination and cooperation in response operations. The following guidelines could be used in addition to, in updating or in developing such plans. It is also recognized that any joint operations will be guided by the national response plans of the Requesting Nation to the extent possible.
[Any response effort made on the high seas is strictly voluntary and responding Parties are recommended to consult and decide jointly on a course of action.]
3.1. Command Structure and Operations
3.1.1. The Requesting Nation will, unless otherwise agreed, be in charge of developing an incident action plan and planning and directing the coordinated operations.
3.1.2. The Competent Authority of the Requesting Nation has the overall control of a joint operation and all pollution response measures for the same incident. Nationally, it is assisted by the respective Co-operative National Authorities.
3.1.3. The Operational Control plans, orders and co-ordinates all combating measures at sea and on shore and leads all communication, command, control, intelligence-gathering, forecasting, and situation monitoring. The Operational Control also maintains responsibility for supervision [and general safety and welfare] of staff, facilities, and equipment, and is situated on shore.
3.1.4. The Response Commander (RC) is the Requesting Nation’s lead individual responsible for the Operational Control. Liaison Officers from Assisting Nations as well as representatives from co-operative national and regional authorities form an advisory body to the RC.
3.1.5. The On-Scene Commander (OSC) is the Requesting Nation’s lead individual responsible for on-scene response operations.
3.1.6. The Competent Authority of the Assisting Nation must identify the lead operational contact (National On-Scene Commander) for the purposes of communication with the Operational Control and coordination of operations with the On-Scene Commander.
3.1.7. The Requesting Nation will lead any tactical command or special function units as determined by the Response Commander and/or the On-Scene Commander. The Assisting Nation will identify a lead individual for each of these functions as necessary to facilitate coordination and assignment of operations.