LegalizeDecreto n.º 8/2006
TEXTO :
Decreto n.º 8/2006
de 10 de Janeiro
A Convenção Internacional sobre a Prevenção, Actuação e Cooperação no Combate à Poluição por Hidrocarbonetos, 1990, foi adoptada em Londres, em 30 de Novembro. Esta Convenção, que agora cabe aprovar, abrange um conjunto de matérias, das quais se destacam procedimentos de notificação relativos a incidentes de poluição por hidrocarbonetos, medidas a adoptar face à recepção de um comunicado relativo a um incidente de poluição por aqueles produtos, 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.
Assim:
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova a Convenção Internacional sobre a Prevenção, Actuação e Cooperação no Combate à Poluição por Hidrocarbonetos, 1990, 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 - Diogo Pinto de Freitas do Amaral - 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.
ANEXO
INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990
The Parties to the present Convention:
Conscious of the need to preserve the human environment in general and the marine environment in particular;
Recognizing the serious threat posed to the marine environment by oil pollution incidents involving ships, offshore units, sea ports and oil handling facilities;
Mindful of the importance of precautionary measures and prevention in avoiding oil pollution in the first instance, and the need for strict application of existing international instruments, dealing with maritime safety and marine pollution prevention, particularly the International Convention for the Safety of Life at Sea, 1974, as amended, and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended, and also the speedy development of enhanced standards for the design, operation and maintenance of ships carrying oil, and of offshore units;
Mindful also that, in the event of an oil pollution incident, prompt and effective action is essential in order to minimize the damage which may result from such an incident;
Emphasizing the importance of effective preparation for combating oil pollution incidents and the important role which the oil and shipping industries have in this regard;
Recognizing further the importance of mutual assistance and international co-operation relating to matters including the exchange of information respecting the capabilities of States to respond to oil pollution incidents, the preparation of oil pollution contingency plans, the exchange of reports of incidents of significance which may affect the marine environment or the coastline and related interests of States and research and development respecting means of combating oil pollution in the marine environment;
Taking account of the "polluter pays» principle as a general principle of international environmental law;
Taking account also of the importance of international instruments on liability and compensation for oil pollution damage, including the 1969 International Convention on Civil Liability for Oil Pollution Damage (CLC); and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND); and the compelling need for early entry into force of the 1984 Protocols to the CLC and FUND Conventions;
Taking account further of the importance of bilateral and multilateral agreements and arrangements including regional conventions and agreements;
Bearing in mind the relevant provisions of the United Nations Convention on the Law of the Sea, in particular of its part XII;
Being aware of the need to promote international co-operation and to enhance existing national, regional and global capabilities concerning oil pollution preparedness and response, taking into account the special needs of the developing countries and particularly small island States;
Considering that these objectives may best be achieved by the conclusion of an International Convention on Oil Pollution Preparedness, Response and Co-operation;
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 Convention and the annex thereto to prepare for and respond to an oil pollution incident.
2 - The annex to this Convention shall constitute an integral part of the Convention and a reference to this Convention constitutes at the same time a reference to the annex.
3 - This Convention 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 Convention.
Article 2
Definitions
For the purposes of this Convention:
1) "Oil» means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products;
2) "Oil pollution incident» means an occurrence or series of occurrences having the same origin, which results or may result in a discharge of oil 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 other immediate response;
3) "Ship» means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, and floating craft of any type;
4) "Offshore unit» means any fixed or floating offshore installation or structure engaged in gas or oil exploration, exploitation or production activities, or loading or unloading of oil;
5) "Sea ports and oil handling facilities» means those facilities which present a risk of an oil pollution incident and includes, inter alia, sea ports, oil terminals, pipelines and other oil handling facilities;
6) "Organization» means the International Maritime Organization.
7) "Secretary-General» means the Secretary-General of the Organization.
Article 3
Oil pollution emergency plans
1 - a) Each Party shall require that ships entitled to fly its flag have on board a shipboard oil pollution emergency plan as required by and in accordance with the provisions adopted by the Organization for this purpose.
A ship required to have on board an oil pollution emergency plan in accordance with subparagraph a) is subject, while in a port or at an offshore terminal under the jurisdiction of a Party, to inspection by officers duly authorized by that Party, in accordance with the practices provided for in existing international agreements or its national legislation.
2 - Each Party shall require that operators of offshore units under its jurisdiction have oil pollution emergency plans, which are co-ordinated with the national system established in accordance with article 6 and approved in accordance with procedures established by the competent national authority.
3 - Each Party shall require that authorities or operators in charge of such sea ports and oil handling facilities under its jurisdiction as it deems appropriate have oil pollution emergency plans or similar arrangements which are co-ordinated with the national system established in accordance with article 6 and approved in accordance with procedures established by the competent national authority.
Article 4
Oil pollution reporting procedures
1 - Each Party shall:
Require masters or other persons having charge of ships flying its flag and persons having charge of offshore units under its jurisdiction to report without delay any event on their ship or offshore unit involving a discharge or probable discharge of oil:
In the case of a ship, to the nearest coastal State;
ii) In the case of an offshore unit, to the coastal State to whose jurisdiction the unit is subject;
Require masters or other persons having charge of ships flying its flag and persons having charge of offshore units under its jurisdiction to report without delay any observed event at sea involving a discharge of oil or the presence of oil:
In the case of a ship, to the nearest coastal State;
ii) In the case of an offshore unit, to the coastal State to whose jurisdiction the unit is subject;
Require persons having charge of sea ports and oil handling facilities under its jurisdiction to report without delay any event involving a discharge, or probable discharge of oil, or the presence of oil to the competent national authority;
Instruct its maritime inspection vessels or aircraft and other appropriate services or officials to report without delay any observed event at sea or at a sea port or oil handling facility involving a discharge of oil or the presence of oil to the competent national authority or, as the case may be, to the nearest coastal State;
Request the pilots of civil aircraft to report without delay any observed event at sea involving a discharge of oil, or the presence of oil to the nearest coastal State.
2 - Reports under paragraph 1, a), i), shall be made in accordance with the requirements developed by the Organization and based on the guidelines and general principles adopted by the Organization. Reports under paragraph 1, a), ii), b), c) and d) shall be made in accordance with the guidelines and general principles adopted by the Organization to the extent applicable.
Article 5
Action on receiving an oil pollution report
1 - Whenever a Party receives a report referred to in article 4 or pollution information provided by other sources it shall:
Assess the event to determine whether it is an oil pollution incident;
Assess the nature, extent and possible consequences of the oil pollution incident; and
Then, without delay, inform all States whose interests are affected or likely to be affected by such oil pollution incident, together with
Details of its assessments and any action it has taken, or intends to take, to deal with the incident; and
ii) Further information as appropriate, until the action taken to respond to the incident has been concluded or until joint action has been decided by such States.
2 - When the severity of such oil pollution incident so justifies, the Party should provide the Organization directly or, as appropriate, through the relevant regional organization or arrangements with the information referred to in paragraph 1, b) and c).
3 - When the severity of such oil pollution incident so justifies, other States affected by it are urged to inform the Organization directly or, as appropriate, through the relevant regional organizations or arrangements of their assessment of the extent of the threat to their interests and any action taken or intended.
4 - Parties should use, in so far as practicable, the oil pollution reporting system developed by the Organization when exchanging information and communicating with other States and with the Organization.
Article 6
National and regional systems for preparedness and response
1 - Each Party shall establish a national system for responding promptly and effectively to oil pollution incidents. This system shall include as a minimum:
The designation of:
The competent national authority or authorities with responsibility for oil pollution preparedness and response;
ii) The national operational contact point or points, which shall be responsible for the receipt and transmission of oil, pollution reports as referred to in article 4; 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 cooperation with the oil and shipping industries, port authorities and other relevant entities, shall establish:
A minimum level of pre-positioned oil spill combating equipment, commensurate with the risk involved, and programmes for its use;
A programme of exercises for oil pollution response organizations and training of relevant personnel;
Detailed plans and communication capabilities for responding to an oil pollution incident. Such capabilities should be continuously available; and
A mechanism or arrangement to co-ordinate the response to an oil 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, a);
Information concerning pollution response equipment and expertise in disciplines related to oil pollution response and marine salvage which may be made available to other States, upon request; and
Its national contingency plan.
Article 7
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 an oil pollution incident, when the severity of such 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 Convention.
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 an oil 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 8
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 oil pollution preparedness and response, including technologies and techniques for surveillance, containment, recovery, dispersion, clean-up and otherwise minimizing or mitigating the effects of oil pollution, 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 oil pollution combating techniques and equipment.
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