IMO IA516E-1999 Provisions concerning the REPORTING OF INCIDENTS INVOLVING HARMFUL SUBSTANCES under MARPOL 73 78 (Third Edition).pdf

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1、Provisions concerning theREPORTING OF INCIDENTSINVOLVING HARMFUL SUBSTANCESunder MARPOL 73/78(1999 Edition)BIMOLondon, 1999First published in 1986by the INTERNATIONAL MARITIME ORGANIZATION4 Albert Embankment, London SE1 7SRSecond edition 1990Third edition 1999Printed by the International Maritime Or

2、ganization, London24681097531ISBN 92-801-6098-2IMO PUBLICATIONSales number: IMO-516ECopyright # IMO 1999All rights reserved.No part of this publication may,for sales purposes,be produced,stored in a retrieval system or transmittedin any form or by any means,electronic,electrostatic,magnetic tape,mec

3、hanical,photocopying or otherwise,without prior permission in writing from theInternational Maritime Organization.Foreword1 TheInternationalConventionforthePreventionofPollutionfromShips,1973 was adopted by the International Conference on Marine Pollution,convenedbytheInternationalMaritime Organizat

4、ion(IMO)from8 Novemberto 2 December 1973. This Convention was subsequently modified by aProtocol adopted by the International Conference on Tanker Safety andPollution Prevention, convened from 6 to 17 February 1978. The 1973Convention, as modified by the 1978 Protocol, is known as MARPOL 73/78.2 The

5、 MARPOL Convention recognizes that a vessel casualty or anaccidental discharge from a ship may give rise to serious pollution or threatof pollution to the marine environment and provides, therefore, that suchincidentsshould bereported without delayand to the fullest extentpossible,in order to facili

6、tate necessary counter-pollution actions by coastal Statesthat might be affected.3 The mandatory reportingrequirements for incidents involvingharmfulsubstances are contained in article 8 of and Protocol I to MARPOL 73/78.These provisions became effective for ContractingParties on 2 October 1983,the

7、date on which MARPOL 73/78 entered into force.4 However, even before the Convention had entered into force, theMarine Environment Protection Committee (MEPC) at its eighth session(December 1977) recommended that all Member States should establish,for ships involved in such incidents, voluntary compl

8、iance with theMARPOL reportingprocedure. These non-mandatory reportingrecommendations were taken a stage further by the MEPC at its eleventhsession (June 1979), when the Committee prepared the Interim Guidelinesfor reportingincidents involvingharmful substances. These InterimGuidelines took due cogn

9、izance of the need for coastal States and otherinterested parties to be informed without delay of such incidents to enablethem to take necessary action for preventingor mitigatingpollution whichmight arise from the incident. They provided uniform interpretation of theConvention provisions on reporti

10、ngby specifyingwhen and to whomreports should be made and the contents of reports.5 The Assembly, at its eleventh session (November 1979), adopted theInterim Guidelines by resolution A.447(XI). The MEPC was requested bythe Assembly to continue its work on this subject with a view to developingguidel

11、ines for a mandatory reporting system under MARPOL 73/78 beforeits entry into force. The Maritime Safety Committee (MSC) and MEPCwere further requested to co-operate in the development of any futurereportingsystems affectingsafety and environmental matters in order toensure the harmonization of such

12、 systems.6 It is pertinent to note in this context that the mandatory reportingrequirements ofProtocolI toMARPOL73/78 could also beofrelevance tothe implementation of the International Convention RelatingtoIntervention on the High Seas in Cases of Oil Pollution Casualties (1969)and the 1973 Protocol

13、 Relatingto Intervention on the High Seas in Casesof Marine Pollution by Substances other than Oil. Both instrumentsprovide that Parties to them may take such measures on the high seas as maybe necessary to prevent, mitigate or eliminate grave and imminent danger totheir coastline or threat of pollu

14、tion followingupon a maritime casualtyiiiwhich may reasonably be expected to result in major harmful consequences.Reports made in compliance with the reportingrequirements of Protocol Ito MARPOL 73/78 could provide early information on the basis of whichParties to the above treaties may decide on th

15、e need for measures ofintervention, in accordance with the provisions of the relevant instrument.7 In reviewingProtocol I as part of its consideration of mandatory reportingsystems under MARPOL 73/78, the MEPC recognized some shortcomings inthe original text. In the first place it did not specifical

16、ly require that reports bemade to the coastal States which might be affected by a marine casualty or apollution incident. Additionally, it was considered necessary to providedefinitions for oil, noxious liquid substances and harmful substances inpackaged form. Some editorial changes were also consid

17、ered necessary.8 After due consideration of the various proposals, the MEPC, at itstwenty-second session (December 1985), agreed upon a revised text ofProtocol I to MARPOL 73/78 and formally adopted amendments givingeffect to this new text by resolution MEPC.21(22); the revised Protocolentered into

18、force on 6 April 1987. As requested by the Assembly at itsfourteenth session (November 1985), the MEPC also finalized and adopted,by resolution MEPC.22(22), the new Guidelines for reportingincidentsinvolvingharmful substances which supersede the Interim Guidelinescontained in resolution A.447(XI). T

19、hese Guidelines were modified by theMEPC at its twenty-fifth session and adopted by resolution MEPC.30(25).9 At its fifteenth session (November 1987), the Assembly noted theproliferation of reportingrequirements placed on the master of a ship andrequested the MSC and MEPC to consolidate the ship rep

20、ortingrequirements. The outcome of both Committees work was adoptedby the Assembly at its sixteenth session by resolution A.648(16), Generalprinciples for ship reportingsystems and ship reportingrequirements,including Guidelines for reporting incidents involving dangerous goods,harmful substances an

21、d/or marine pollutants. This resolution superseded,inter alia, the Guidelines adopted by resolution MEPC.30(25).10 Resolution A.648(16) was itself superseded, in November 1997, byresolution A.851(20), which was adopted by the Assembly in response torecommendations made by the MSC atits sixty-seventh

22、session (November1996) and the MEPC at its thirty-ninth session (November 1996).11 The present publication contains the texts of the following:.1 article 8 of MARPOL 73/78;.2 resolution MEPC.21(22), includingamendments to the Annexof the Protocol of 1978 relatingto the International Conventionfor th

23、e Prevention of Pollution from Ships, 1973, Protocol I Provisions ConcerningReports on Incidents InvolvingHarmfulSubstances (in accordance with article 8 of the Convention);.3 resolution A.851(20).The list of agencies or officials of Administrations responsible for receivingand processingsuch report

24、s is now distributed by means of an MEPC 6circular issued annually and assigned a consecutive number each year. Theupdated circular can also be found on the IMO website: http:/www.imo.org/imo/circs/contact/list.htm.ivContentsPageArticle 8 of the International Convention for thePrevention of Pollutio

25、n from Ships, 1973, as modifiedby the Protocol of 1978 relatingthereto 1Resolution MEPC.21(22) Adoption of amendments to theProtocol of 1978 relatingto the International Conventionfor the Prevention of Pollution from Ships, 1973 (relatingto Protocol I to the International Convention for thePreventio

26、n of Pollution from Ships, 1973, as modifiedby the Protocol of 1978 relatingthereto) . 2Annex Amendments to the annex of the Protocolof 1978 relatingto the International Conventionfor the Prevention of Pollution from Ships, 1973Protocol I Provisions ConcerningReports onIncidents InvolvingHarmful Sub

27、stances . 3Resolution A.851(20) General Principles for Ship ReportingSystems and Ship ReportingRequirements, includingGuidelines for ReportingIncidents InvolvingDangerousGoods, Harmful Substances and/or Marine Pollutants 5vArticle8oftheInternationalConventionforthePreventionofPollutionfromShips,1973

28、,asmodifiedbytheProtocolof1978relatingtheretoArticle 8Reports on incidents involving harmful substances(1) A report on an incident shall be made without delay to the fullestextent possible in accordance with the provisions of Protocol I to thepresent Convention.(2) Each Party to the Convention shall

29、:(a) make all arrangements necessary for an appropriate officer oragency to receive and process all reports on incidents; and(b) notify the Organization with complete details of such arrange-ments for circulation to other Parties and Member States of theOrganization.(3) Whenever a Party receives a r

30、eport under the provisions of the presentarticle, that Party shall relay the report without delay to:(a) the Administration of the ship involved; and(b) any other State which may be affected.(4) Each Party to the Convention undertakes to issue instructions to itsmaritime inspection vessels and aircr

31、aft and to other appropriate services, toreport to its authorities any incident referred to in Protocol I to the presentConvention. That Party shall, if it considers it appropriate, reportaccordingly to the Organization and to any other party concerned.1ResolutionMEPC.21(22)adopted on 5 December 198

32、5AdoptionofamendmentstotheProtocolof1978 relatingtotheInternationalConventionforthePreventionofPollutionfromShips,1973(relatingtoProtocolItotheInternationalConventionforthePreventionofPollutionfrom Ships,1973,asmodifiedbytheProtocolof1978relatingthereto)THE MARINE ENVIRONMENT PROTECTION COMMITTEE,RE

33、CALLING Article 38(a) of the Convention on the International MaritimeOrganization concerning the functions of the Committee conferred upon itby international conventions for the prevention and control of marinepollution from ships,NOTING article 16 of the International Convention for the Prevention

34、ofPollution from Ships, 1973 (hereinafter referred to as the 1973Convention), and article VI of the Protocol of 1978 relating to the 1973Convention (hereinafter referred to as the 1978 Protocol), whichtogether specify the amendment procedure of the 1978 Protocol andconfer upon the appropriate body o

35、f the Organization the function ofconsidering and adopting amendments to the 1973 Convention as modifiedby the 1978 Protocol (MARPOL 73/78),HAVING CONSIDERED at its twenty-second session amendments to the1978 Protocol proposed and circulated in accordance with article 16(2)(a) ofthe 1973 Convention,

36、1. ADOPTS in accordance with article 16(2)(d) of the 1973 Conventionamendments to the 1978 Protocol (relating to Protocol I of MARPOL 73/78), the text of which is set out in the annex to the present resolution;2. DETERMINES in accordance with article 16(2)(f)(iii) of the 1973Convention that the amen

37、dments shall be deemed to have been accepted on5 October 1986 unless prior to this date one third or more of the Parties orthe Parties the combined merchant fleets of which constitute 50% or moreof the gross tonnage of the worlds merchant fleet, have communicated tothe Organization their objections

38、to the amendments;3. INVITES the Parties to note that in accordance with article 16(2)(g)(ii)of the 1973 Convention the amendments shall enter into force on 6 April1987 upon their acceptance in accordance with paragraph 2 above; 84. REQUESTS the Secretary-General in conformity with article 16(2)(e)o

39、f the 1973 Convention to transmit to all Parties to the 1978 Protocol2certified copies of the present resolution and the text of the amendmentscontained in the annex;5. FURTHER REQUESTS the Secretary-General to transmit to theMembers of the Organization which are not Parties to the 1978 Protocolcopi

40、es of the resolution and its annex.AnnexAmendmentstotheannexoftheProtocolof1978relatingtotheInternationalConventionforthePreventionofPollutionfromShips,1973PROTOCOL IPROVISIONS CONCERNING REPORTS ONINCIDENTS INVOLVING HARMFUL SUBSTANCES(in accordance with article 8 of the Convention)The existing tex

41、t of Protocol I is replaced by the following:Article IDuty to report(1) The master or other person having charge of any ship involved in anincident referred to in article II of this Protocol shall report the particulars ofsuch incident without delay and to the fullest extent possible in accordancewi

42、th the provisions of this Protocol.(2) In the event of the ship referred to in paragraph (1) of this article beingabandoned, or in the event of a report from such a ship being incomplete orunobtainable, the owner, charterer, manager or operator of the ship, or theiragent shall, to the fullest extent

43、 possible, assume the obligations placed uponthe master under the provisions of this Protocol.Article IIWhen to make reports(1) The report shall be made when an incident involves:(a) a discharge or probable discharge of oil, or noxious liquidsubstances carried in bulk, resulting from damage to the s

44、hip orits equipment, or for the purpose of securing the safety of a shipor saving life at sea; or(b) a discharge or probable discharge of harmful substances inpackaged form, including those in freight containers, portabletanks, road and rail vehicles and shipborne barges; or3(c) a discharge during t

45、he operation of the ship of oil or noxiousliquid substances in excess of the quantity or instantaneous ratepermitted under the present Convention.(2) For the purposes of this Protocol:(a) Oil referred to in subparagraph l(a) of this article means oil asdefined in regulation 1(1) of Annex I of the Co

46、nvention.(b) Noxious liquid substances referred to in subparagraph l(a) ofthis article means noxious liquid substances as defined inregulation 1(6) of Annex II of the Convention.(c) Harmful substances in packaged form referred to insubparagraph 1(b) of this article means substances which areidentifi

47、ed as marine pollutants in the International MaritimeDangerous Goods Code (IMDG Code).Article IIIContents of reportReports shall in any case include:(a) identity of ships involved;(b) time, type and location of incident;(c) quantity and type of harmful substance involved;(d) assistance and salvage m

48、easures.Article IVSupplementary reportAny person who is obliged under the provisions of this Protocol to send areport shall, when possible:(a) supplement the initial report, as necessary, and provideinformation concerning further developments; and(b) comply as fully as possible with requests from af

49、fected States foradditional information.Article VReporting procedures(1) Reports shall be made by the fastest telecommunications channelsavailable with the highest possible priority to the nearest coastal State.(2) In order to implement the provisions of this Protocol, Parties to thepresent Convention shall issue, or cause to be issued, regulations orinstructions on the procedures to be followed in reporting incidentsinvolving harmful substances, based on guidelines developed by theOrganization.4ResolutionA.851(20)Adopted on 27 November 1997Gene