International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990

 

ARTICLE 12

Institutional arrangements

(1) Parties designate the Organization, subject to its agreement and the
availability of adequate resources to sustain the activity, to perform
the following functions and activities:

(a) information services:

(i) to receive, collate and disseminate on request the
information provided by Parties (see, for example, articles
5(2) and (3), 6(3) and 10) and relevant information provided
by other sources; and

(ii) to provide assistance in identifying sources of provisional
financing of costs (see, for example, article 7(2));

(b) Education and training:

(i) to promote training in the field of oil pollution
preparedness and response (see, for example, article 9); and

(ii) to promote the holding of international symposia (see, for
example, article 8(3));

(c) technical services:

(i) to facilitate co-operation in research and development (see,
for example, articles 8(1), (2) and (4) and 9(1)(d));

(ii) to provide advice to States establishing national or regional
response capabilities; and

(iii) to analyse the information provided by Parties (see, for
example, articles 5(2) and (3), 6(3) and 8(1)) and relevant
information provided by other sources and provide advice or
information to States;

(d) technical assistance:

(i) to facilitate the provision of technical assistance to States
establishing national or regional response capabilities; and

(ii) to facilitate the provision of technical assistance and
advice, upon the request of States faced with major oil
pollution incidents.

(2) In carrying out the activities specified in this article, the
Organization shall endeavour to strengthen the ability of States
individually or through regional arrangements to prepare for and combat
oil pollution incidents, drawing upon the experience of States, regional
agreements and industry arrangements and paying particular attention to
the needs of developing countries.

(3) The provisions of this article shall be implemented in accordance
with a programme developed and kept under review by the Organization.

ARTICLE 13

Evaluation of the Convention

Parties shall evaluate within the Organization the effectiveness of
Convention in the light of its objectives, particularly with respect to
the principles underlying co-operation and assistance.

ARTICLE 14

Amendments

(1) This Convention may be amended by one of the procedures specified in
the following paragraphs.

(2) Amendment after consideration by the Organization:

(a) Any amendment proposed by a Party to the Convention shall be
submitted to the Organization and circulated by the
Secretary-General to all Members of the Organization and all
Parties at least six months prior to its consideration.

(b) Any amendment proposed and circulated as above shall be submitted
to the Marine Environment Protection Committee of the Organization
for consideration.

(c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the proceedings
of the Marine Environment Protection Committee.

(d) Amendments shall be adopted by a two-thirds majority of only the
Parties to the Convention present and voting.

(e) If adopted in accordance with subparagraph (d), amendments shall be
communicated by the Secretary-General to all Parties to the
Convention for acceptance.

(f) (i) An amendment to an article or the Annex of the Convention
shall be deemed to have been accepted on the date on which it
is accepted by two thirds of the Parties.

(ii) An amendment to an appendix shall be deemed to have been
accepted at the end of a period to be determined by the
Marine Environment Protection Committee at the time of its
adoption, which period shall not be less than ten months,
unless within that period an objection is communicated to the
Secretary-General by not less than one third of the Parties.

(g) (i) An amendment to an article or the Annex of the Convention
accepted in conformity with subparagraph (f)(i) shall enter
into force six months after the date on which it is deemed to
have been accepted with respect to the Parties which have
notified the Secretary-General that they have accepted it.

(ii) An amendment to an appendix accepted in conformity with
subparagraph (f)(ii) shall enter into force six months after
the date on which it is deemed to have been accepted with
respect to all Parties with the exception of those which,
before that date, have objected to it. A Party may at any
time withdraw a previously communicated objection by
submitting a noification to that effect to the
Secretary-General.

(3) Amendment by a Conference:

(a) Upon the request of a Party, concurred with by at least one third
of the Parties, the Secretary-General shall convene a Conference of
Parties to the Convention to consider amendments to the Convention.

(b) An amendment adopted by such a Conference by a two-thirds majority
of those Parties present and voting shall be communicated by the
Secretary-General to all Parties for their acceptance.

(c) Unless the Conference decides otherwise, the amendment shall be
deemed to have been accepted and shall enter into force in
accordance with the procedures specified in paragraph (2)(f) and
(g).

(4) The adoption and entry into force of an amendment constituting an
addition of an Annex or an appendix shall be subject to the procedure
applicable to an amendment to the Annex.

(5) Any Party which has not accepted an amendment to an article or the
Annex under paragraph (2)(f)(i) or an amendment constituting an addition
of an Annex or an appendix under paragraph (4) or has communicated an
objection to an amendment to an appendix under paragraph (2)(f)(ii) shall
be treated as a non-Party only for the purpose of the application of such
amendment. Such treatment shall terminate upon the submission of a
notification of acceptance under paragraph (2)(f)(i) or withdrawal of the
objection under paragraph (2)(g)(ii).

(6) The Secretary-General shall inform all Parties of any amendment which
enters into force under this article, together with the date on which the
amendment enters into force.

(7) Any notification of acceptance of, objection to, or withdrawal of
objection to, an amendment under this article shall be communicated in
writing to the Secretary-General who shall inform Parties of such
notification and the date of its receipt.

(8) An appendix to the Convention shall contain only provisions of a
technical nature.

ARTICLE 15

Signature, ratification, acceptance, approval and accession

(1) This Convention shall remain open for signature at the Headquarters
of the Organization from 30 November 1990 until 29 November 1991 and
shall thereafter remain open for accession. Any State may become Party
to this Convention 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 16

Entry into force

(1) This Convention shall enter into force twelve months after the date
on which not less than fifteen States have either signed it without
reservation as to ratification, acceptance or approval or have deposited
the requisite instruments of ratification, acceptance, approval or
accession in accordance with article 15.

(2) For States which have deposited an instrument of ratification,
acceptance, approval or accession in respect of this Convention after the
requirements for entry into force thereof have been met but prior to the
date of entry into force, the ratification, acceptance, approval or
accession shall take effect on the date of entry into force of this
Convention or three months after the date of deposit of the instrument,
whichever is the later date.

(3) For States which have deposited an instrument of ratification,
acceptance, approval or accession after the date on which this Convention
entered into force, this Convention shall become effective three months
after the date of deposit of the instrument.

(4) After the date on which an amendment to this Convention is deemed to
have been accepted under article 14, any instrument of ratification,
acceptance, approval or accession deposited shall apply to this
Convention as amended.

ARTICLE 17

Denunciation

(1) This Convention may be denounced by any Party at any time after the
expiry of five years from the date on which this Convention enters into
force for that Party.

(2) Denunciation shall be effected by notification in writing to the
Secretary-General.

(3) A denunciation shall take effect twelve months after receipt of the
notification of denunciation by the Secretary-General or after the expiry
of any longer period which may be indicated in the notification.

ARTICLE 18

Depositary

(1) This Convention shall be deposited with the Secretary-General.

(2) The Secretary-General shall:

(a) inform all States which have signed this Convention or acceded
thereto of:

(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession, together
with the date thereof;

(ii) the date of entry into force of this Convention; and

(iii) the deposit of any instrument of denunciation of this
Convention together with the date on which it was received
and the date on which the denunciation takes effect;

(b) transmit certified true copies of this Convention to the
Governments of all States which have signed this Convention or
acceded thereto.

(3) As soon as this Convention enters into force, a certified true copy
thereof shall be transmitted by the depositary to the Secretary-General
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations .

ARTICLE 19

Languages

This Convention is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each text being
equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments for that purpose, have signed this Convention.

DONE AT London this thirtieth day of November one thousand nine
hundred and ninety.

Author: international

Mentioned in these Entries

Charter of the United Nations, Education, International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990.