LegalizeDecreto n.º 12/2006
TEXTO :
Decreto n.º 12/2006
de 16 de Março
Em 30 de Novembro de 1990 foi adoptada, em Londres, a Convenção Internacional sobre a Prevenção, Actuação e Cooperação no Combate à Poluição por Hidrocarbonetos (1990), a qual tem como objectivo desenvolver os procedimentos de notificação relativos a incidentes de poluição por hidrocarbonetos, as medidas a adoptar face à recepção de um comunicado relativo a um incidente de poluição por aqueles produtos, os sistemas nacionais e regionais de preparação e combate de incidentes de poluição, cooperação internacional no combate à poluição, investigação e desenvolvimento com vista a melhorar as técnicas existentes de prevenção e combate aos incidentes de poluição, bem como a cooperação técnica e a promoção da cooperação bilateral e multilateral na preparação e combate a este tipo de incidentes com hidrocarbonetos.
Por forma a alargar os objectivos da Convenção Internacional sobre a Prevenção, Actuação e Cooperação no Combate à Poluição por Hidrocarbonetos às substâncias nocivas potencialmente perigosas, foi adoptado em Londres, em 15 de Março de 2000, o Protocolo sobre a Prevenção, Actuação e Cooperação no Combate à Poluição por Substâncias Nocivas e potencialmente Perigosas (2000), que agora cabe aprovar.
Assim:
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova o Protocolo sobre a Prevenção, Actuação e Cooperação no Combate à Poluição por Substâncias Nocivas e potencialmente Perigosas, adoptado em 15 de Março de 2000, cujo texto, em versão autenticada em inglês e a respectiva tradução para a língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 17 de Novembro de 2005. - José Sócrates Carvalho Pinto de Sousa - João Titterington Gomes Cravinho - Luís Filipe Marques Amado - Alberto Bernardes Costa - Francisco Carlos da Graça Nunes Correia - Mário Lino Soares Correia.
Assinado em 19 de Dezembro de 2005.
Publique-se.
O Presidente da República, JORGE SAMPAIO.
Referendado em 19 de Dezembro de 2005.
O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.
PROTOCOL ON PREPAREDNESS, RESPONSE AND CO-OPERATION TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS SUBSTANCES (2000)
The Parties to the present Protocol:
Being parties to the International Convention on Oil Pollution Preparedness, Response and Co-operation, done at London on 30 November 1990;
Taking into account Resolution 10, on the expansion of the scope of the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990, to include hazardous and noxious substances, adopted by the Conference on International Co-operation on Oil Pollution Preparedness and Response 1990;
Further taking into account that pursuant to Resolution 10 of the Conference on International Co-operation on Oil Pollution Preparedness and Response 1990, the International Maritime Organization has intensified its work, in collaboration with all interested international organizations, on all aspects of preparedness, response and co-operation to pollution incidents by hazardous and noxious substances;
Taking account of the "polluter pays» principle as a general principle of international environmental law;
Being mindful of the development of a strategy for incorporating the precautionary approach in the policies of the International Maritime Organization;
Mindful also that, in the event of a pollution incident by hazardous and noxious substances, prompt and effective action is essential in order to minimize the damage which may result from such an incident:
have agreed as follows:
Article 1
General provisions
1 - Parties undertake, individually or jointly, to take all appropriate measures in accordance with the provisions of this Protocol and the annex thereto to prepare for and respond to a pollution incident by hazardous and noxious substances.
2 - The annex to this Protocol shall constitute an integral part of this Protocol and a reference to this Protocol constitutes at the same time a reference to the annex.
3 - This Protocol shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with this Protocol.
Article 2
Definitions
For the purposes of this Protocol:
1) "Pollution incident by hazardous and noxious substances» (hereinafter referred to as pollution incident) means any occurrence or series of occurrences having the same origin, including fire or explosion, which results or may result in a discharge, release or emission of hazardous and noxious substances and which poses or may pose a threat to the marine environment, or to the coastline or related interests of one or more States, and which requires emergency action or immediate response;
2) "Hazardous and noxious substances» 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 other legitimate uses of the sea;
3) "Sea ports and hazardous and noxious substances handling facilities» means those ports or facilities where such substances are loaded into or unloaded from ships;
4) "Organization» means the International Maritime Organization;
5) "Secretary-General» means the Secretary-General of the Organization;
6) "OPRC Convention» means the International Convention on Oil Pollution Preparedness, Response and Co-operation (1990).
Article 3
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 Organization which have entered into force for that Party. On-board pollution incident emergency plans for offshore units, including Floating Production, Storage and Offloading Facilities and Floating Storage Units, should be dealt with under national provisions and/or company environmental management systems, and are excluded from the application of this article.
2 - Each Party shall require that authorities or operators in charge of sea ports and hazardous and noxious substances handling facilities under its jurisdiction as it deems appropriate 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.
3 - When the appropriate authorities of a Party learn of a pollution incident, they shall notify other States whose interests are likely to be affected by such incident.
Article 4
National and regional systems for preparedness and response
1 - Each Party shall establish a national system for responding promptly and effectively to pollution incidents. This system shall include as a minimum:
The designation of:
The competent national authority or authorities with responsibility for preparedness for and response to pollution incidents;
ii) The national operational contact point or points; and
iii) An authority which is entitled to act on behalf of the State to request assistance or to decide to render the assistance requested;
A national contingency plan for preparedness and response which includes the organizational relationship of the various bodies involved, whether public or private, taking into account guidelines developed by the Organization.
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 organizations and training of relevant personnel;
Detailed plans and communication capabilities for responding to a pollution incident. Such capabilities should be continuously available; and
A mechanism or arrangement to co-ordinate the response to a pollution incident with, if appropriate, the capabilities to mobilize the necessary resources.
3 - Each Party shall ensure that current information is provided to the Organization, directly or through the relevant regional organization or arrangements, concerning:
The location, telecommunication data and, if applicable, areas of responsibility of authorities and entities referred to in paragraph 1, subparagraph a);
Information on pollution response equipment and expertise in disciplines related to pollution incident response and marine salvage which may be made available to other States, upon request; and
Its national contingency plan.
Article 5
International co-operation in pollution response
1 - Parties agree that, subject to their capabilities and the availability of relevant resources, they will co-operate and provide advisory services, technical support and equipment for the purpose of responding to a pollution incident, when the severity of the incident so justifies, upon the request of any Party affected or likely to be affected. The financing of the costs for such assistance shall be based on the provisions set out in the annex to this Protocol.
2 - A Party which has requested assistance may ask the Organization to assist in identifying sources of provisional financing of the costs referred to in paragraph 1.
3 - In accordance with applicable international agreements, each Party shall take necessary legal or administrative measures to facilitate:
The arrival and utilization in and departure from its territory of ships, aircraft and other modes of transport engaged in responding to a pollution incident or transporting personnel, cargoes, materials and equipment required to deal with such an incident; and
The expeditious movement into, through, and out of its territory of personnel, cargoes, materials and equipment referred to in subparagraph a).
Article 6
Research and development
1 - Parties agree to co-operate directly or, as appropriate, through the Organization or relevant regional organizations or arrangements in the promotion and exchange of results of research and development programmes relating to the enhancement of the state-of-the-art of preparedness for and response to pollution incidents, including technologies and techniques for surveillance, containment, recovery, dispersion, clean-up and otherwise minimizing or mitigating the effects of pollution incidents, and for restoration.
2 - To this end, Parties undertake to establish directly or, as appropriate, through the Organization or relevant regional organizations or arrangements, the necessary links between Parties research institutions.
3 - Parties agree to co-operate directly or through the Organization or relevant regional organizations or arrangements to promote, as appropriate, the holding on a regular basis of international symposia on relevant subjects, including technological advances in techniques and equipment for responding to pollution incidents.
4 - Parties agree to encourage, through the Organization or other competent international organizations, the development of standards for compatible hazardous and noxious substances pollution combating techniques and equipment.
Article 7
Technical co-operation
1 - Parties undertake directly or through the Organization and other international bodies, as appropriate, in respect of preparedness for and response to pollution incidents, to provide support for those Parties which request technical assistance:
To train personnel;
To ensure the availability of relevant technology, equipment and facilities;
To facilitate other measures and arrangements to prepare for and respond to pollution incidents; and
To initiate joint research and development programmes.
2 - Parties undertake to co-operate actively, subject to their national laws, regulations and policies, in the transfer of technology in respect of preparedness for and response to pollution incidents.
Article 8
Promotion of bilateral and multilateral co-operation in preparedness and response
Parties shall endeavour to conclude bilateral or multilateral agreements for preparedness for and response to pollution incidents. Copies of such agreements shall be communicated to the Organization which should make them available on request to the Parties.
Article 9
Relation to other conventions and other agreements
Nothing in this Protocol shall be construed as altering the rights or obligations of any Party under any other convention or international agreement.
Article 10
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:
Information services:
To receive, collate and disseminate on request the information provided by Parties and relevant information provided by other sources; and
ii) To provide assistance in identifying sources of provisional financing of costs;
Education and training:
To promote training in the field of preparedness for and response to pollution incidents; and
ii) To promote the holding of international symposia;
Technical services:
To facilitate co-operation in research and development;
ii) To provide advice to States establishing national or regional response capabilities; and
iii) To analyse the information provided by Parties and relevant information provided by other sources and provide advice or information to States;
Technical assistance:
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 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 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 11
Evaluation of the Protocol
Parties shall evaluate within the Organization the effectiveness of the Protocol in the light of its objectives, particularly with respect to the principles underlying co-operation and assistance.
Article 12
Amendments
1 - This Protocol may be amended by one of the procedures specified in the following paragraphs.
2 - Amendment after consideration by the Organization:
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 all Parties at least six months prior to its consideration.
Any amendment proposed and circulated as above shall be submitted to the Marine Environment Protection Committee of the Organization for consideration.
A consulta deste documento não substitui a leitura do Diário da República correspondente. Não nos responsabilizamos por eventuais incorreções resultantes da transcrição do original para este formato.