International Association of Independent Tanker Owners
- FOR SAFE TRANSPORT, CLEANER SEAS AND FREE COMPETITION -
The OPRC-HNS Protocol
An Overview (29th June 2006)
Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000
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Contents
1. Introduction
2. Adoption
3. Entry into Force
4. Status
5. The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol).
6. HNS – Definition
7. OPRC-HNS Protocol 200 – details
8. What is Required from the Ship Owner
9. General Guidelines Regarding an HNS Incident
10. Emergency Response Plan Guidance
11. Contracting States
12. Other sources of Relevant Information
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1. Introduction
The International Maritime Organization has adopted a protocol aimed at providing a global framework for international co-operation in combating major incidents or threats of marine pollution from ships carrying Hazardous and Noxious Substances, such as chemicals.
The Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol) was adopted following a Diplomatic Conference held from 9 to 15 March 2000 at the London headquarters of the IMO, which is the United Nations specialised agency with responsibility for safety of shipping and the prevention of marine pollution by ships. The Conference was held alongside the 44th session of IMO's Marine Environment Protection Committee (MEPC), which met 6 to 13 March 2000.
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2. Adoption:
15 March 2000
3. Entry into force:
The protocol enters into force twelve months after ratification by not less than fifteen States, which are State Parties to the OPRC Convention.
4. Status:
The fifteenth ratification was filed with IMO on 14 June 2006. The Protocol will therefore enter into force on 14 June 2007.
5. The Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (HNS Protocol).
This follows the principles of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC) and was formally adopted by States already Party to the OPRC Convention at a Diplomatic Conference held at IMO headquarters in London in March 2000.
The term “HNS” is also mentioned in another convention, known confusingly as the HNS 1996 Convention, which as the date suggests was adopted earlier than the OPRC 2000 Protocol.
The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by sea, known as the HNS 1996 Convention, provides for a compensation and liability regime for incidents involving HNS. The simple difference is that the HNS Convention deals with compensation from HNS, whilst the HNS Protocol deals with preparedness and response measures for dealing with HNS spills.
The HNS Protocol aims to provide a global framework for international co-operation in combating major incidents or threats of marine pollution. Parties to the HNS Protocol will be required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries. Ships will be required to carry a shipboard pollution emergency plan to deal specifically with incidents involving HNS.
6. HNS – definition
For the purposes of the HNS Protocol, a Hazardous and Noxious Substance is defined as 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.
The HNS Protocol ensures that ships carrying hazardous and noxious liquid substances are covered by preparedness and response regimes similar to those already in existence for oil incidents. For the purposes of the OPRC-HNS Protocol, HNS 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 legitimate uses of the sea. Such a definition will include:
· Noxious liquid substances described in Annex II of MARPOL 73/78 and the International Bulk Chemical Code (IBC Code).
· Dangerous goods described in the IMO Dangerous Goods Code (IMDG Code).
· Solid cargoes covered by the Code of Safe Practice for Solid Bulk Cargoes (BC Code)
7. OPRC-HNS Protocol 2000 - details
- Article 3 of the HNS Protocol deals with 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 organisation, which have entered into force for that party.
2. Each Party shall require that authorities or operators in charge of seaports and facilities handling hazardous and noxious substances under its jurisdiction as it deems appropriate, shall 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.
- Article 4: National and Regional Systems for Preparedness and Response
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;
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 organisational relationship of the various bodies involved, whether public or private, taking into account guidelines developed by the Organisation.
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 minimum level of pre-positioned equipment for responding to pollution incidents commensurate with the risk involved, and programmes for its use; a programme of exercises for pollution incident response organisations and training of relevant personnel; detailed plans and communication capabilities for responding to a pollution incident - such capabilities should be continuously available; a mechanism or arrangement to co-ordinate the response to a pollution incident with, if appropriate, the capability to mobilise the necessary resources,
8. What is needed from the ship owner?
In essence it is necessary, as mentioned in article 3 of the OPRC-HNS Protocol, for the ship to have onboard a “Pollution Incident Emergency Plan” and necessary reporting procedures.
In this regard as far as INTERTANKO Members are concerned (who own either Chemical Tankers, Chemical/Oil Tankers or Oil Tankers with NLS certification) we bring members’ attention to Regulation 16 of Annex II of MARPOL 73/78 Consolidated edition 2002 which states that every ship of 150 GT and above that is certified to carry Noxious Liquid Substances (NLS) in bulk, shall carry on board a "Shipboard Marine Pollution plan for Noxious Liquid Substances" approved by the Administration. This will applied to all such ships from the 1st January 2003.
(Regulation 26 of Annex 1 of MARPOL 73/78 requires that every Oil Tanker 150GT and above to carry a Shipboard Oil Pollution Emergency Plan (SOPEP) approved by the administration).
However, in the case of such ships which are certified for oil and NLS then such plans (SOPEP/SMPEP) may be combined, since most of the contents are the same and one combined plan onboard is more practical than two separate documents.
In the case of a combined plan the title of such a plan shall have the title "Shipboard Marine Pollution Emergency Plan" (SMPEP). The IMO has published a document called "Guidelines for the Development of Shipboard Marine Pollution Emergency Plans 2001 edition. This booklet is available from the IMO or from nautical bookshops. www.imo.org
Also as we believe members are also aware that The International Chamber of Shipping (ICS) has also produced a template for producing SMPEPS’s and SOPEP’s which can be downloaded from their web site at www.marisec.org
In conclusion therefore, if your ship already has onboard an SMPEP currently approved by the administration that is a party to the OPRC-HNS Protocol, then the SMPEP should be acceptable under the OPRC-HNS Protocol and meet the needs of a “Pollution Incident Emergency Plan” under this protocol. However, we recommend that you seek written confirmation from your administration that your SMPEP is accepted by the Administration prior to the entry into force of the OPRC-HNS Protocol.
Members are also advised that if the administration of the ship is not a party to the OPRC-HNS Protocol, it will still be required to have onboard a “Pollution Incident Emergency Plan” if the vessel visits a state which is a party to the OPRC-HNS Protocol. None the less for those ships that are required to comply with Regulation 16 of Annex II of MARPOL 73/78 an SMPEP is still required, which should still satisfy the requirements of the OPRC-HNS Protocol, but confirmation should be sought from the vessels administration accordingly.
We have included in section 9 of this document a list of the status of the contracting states with regards to the OPRC-HNS Protocol, (courtesy of the IMO dated 29th June 2006).
9. General guidelines regarding an HNS Incident
We offer the following broad general guidelines for the type of information required which could be necessary to have available in the event of an HNS incident. This need not be limited to the following;
• A strong communication link between owner and responders will be necessary
• Information on the substance in question is critical
• Name and identification number of the product UN Number Identification markings and/or type of packaging etc
• Emergency contact numbers
• Quantity on board or spilled
• Marine Safety Data Sheet (MSDS),
• Bill of lading.
• Stowage plans
• Name and contact details of the ship’s agent or shipper or manufacturer
• Container/package type, size and quantity, condition
• Details of the local environmental conditions (weather, temperature, sea conditions, wind speed and direction)
• Length, breadth and appearance of any slicks or plumes, including direction of movement and behaviour (i.e. floating, sinking, colour, odour).
• Any injuries or adverse effects to human health or the environment?
• Proximity to sensitive resources and residential areas
• Notification of emergency services, local / national authorities
• Must be ready to transfer relevant information in the initial moments of an incident
10. Emergency Response Plan Guidance
11. Contracting States
PROTOCOL ON PREPAREDNESS, RESPONSE AND CO-OPERATION
TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS
SUBSTANCES, 2000
Done at London, 15 March 2000
Entry into force: 14 June 2007
Signatories
Brazil subject to ratification
Denmark subject to ratification and with reservation for application to the Faroe Islands and Greenland
Finland subject to acceptance
France Sous réserve de l’accomplissement des procedures constitutionelles internes
Germany subject to ratification
Greece subject to ratification
Netherlands subject to acceptance
Contracting Governments
Correct at 29th June 2006.
Date of signature Date of entry
or deposit of into force or
instrument succession
Australia (accession) 16 March 2005
Ecuador (accession) 29 January 2002
Egypt (accession) 26 May 2004
Greece (ratification) 28 May 2003
Malta (accession) 21 January 2003
Netherlands (accession) 22 October 2002
Poland (accession) 12 June 2003
Portugal (accession) 14 June 2006
Singapore (accession) 16 October 2003
Slovenia (accession) 5 April 2006
Spain (accession) 27 January 2005
Syria (accession) 10 February 2005
Sweden (accession) 8 January 2003
Uruguay (accession) 31 July 2003
Vanuatu (accession) 15 March 2004
Number of Contracting States: 15
12. Other sources of relevant information
National Emergency Chemical Centre http://www.the-ncec.com
ITOPF http://www.itopf.com
IPEICA http://www.ipieca.org
WLO http://lightering.org/index.php
Marine Response Alliance http://www.marineresponsealliance.com/Home.asp
CHRIS - The Chemical Hazards Response Information System http://www.chrismanual.com
International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)
The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) http://gesamp.imo.org
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