第 17-010 号
2017 年 12 月 22 日

外航組合員各位
ホンジュラス－Oil Spill Response（油濁対応）に関する新規則
題記の件に関し、ホンジュラスで油濁対応に関する新規則が導入されますのでご案内いたします。同規則は 2018 年 1 月 1 日より施行され、Tank/Non-Tank Vessels を問わず適用されます。
ホンジュラス海事庁によれば、すべての船舶は、現地法 DGMM-022-2015 に基づき、最悪のケースでも流出した汚濁物質を最大限除去し、また流出の軽減・防止に対応するための要員と資機材を確保するため、当局が承認した汚濁対応業者（Oil Spill Response Organisation =OSRO）と契約を締結することが義務付けられます。
この OSRO（汚濁対応業者）としては、現時点で Ocean Pollution Control, S.A. Honduras 社があり、同社は汚濁物質の流出の際には、無修正の BIMCO/ISCO の RESPONSECON 契
約書式に基づき業務を請け負うことに今般同意しました。この RESPONSECON は、米国を除く国際海域で発生した汚濁事故対応の際、専門の汚濁対応サービスと資機材の提供を受ける契約のために、BIMCO と ISCO が作成した業界標準の契約書式です。RESPONSECONの規定や条件は国際 P&I グループの汚濁対応計画書のガイドラインに沿った内容となっています。
ホンジュラス海事当局は、同国に寄港し、または同国領海内で錨泊する全ての船舶の汚濁について、登録船主の（汚濁対応）責任をカバーする保険の付保証明として、国際 P&I グルー
プ加盟クラブの発行する保険契約承諾証が十分な証拠となるとしています。同承諾証は本船が到着する 24 時間以上前に寄港国検査官に提出されなければなりません。なお、「1992 年の油による汚染損害についての民事責任に関する国際条約」（いわゆる CLC 条約）の対象となるタンカーについては同条約締約国が発行した CLC 証書を併せて提出する必要があります。
また、船主は現地代理店を通じ“standby contract”（正式名称「Prevention and Responseto Pollution Contract」）を締結する必要があります。同契約は Ocean Pollution Control,S.A. Honduras 社による海洋汚染対応の証明になり、その内容は国際 P&I グループのガイドラインに沿っています。
なお、同契約書には次の Footer が付されています。
Ocean Pollution Control, S.A. Honduras Effective 01.12.2017
国際 P&I グループのすべてのクラブが同様の内容の回報を発行しています。
以上
添付: Prevention and Response to Pollution Contract

Prevention and Response to Pollution Contract
On the one hand, Mrs. LUISA MARIA ORDOÑEZ FIALLOS, of legal age, married, Attorney and Notary,of this jurisdiction, with Identity Card number 0801-1969-08459, acting as Legal Representative ofthe company Ocean Pollution Control, SA; as evidenced by the Testimony of Public Deed number
25634 dated October 5, 2017 authorized by Ela Marife Jaen Herrera, a Public Notary in the city ofPanama, Republic of Panama, where Minutes of an Extraordinary Meeting of Shareholders of theaforementioned company, dated September 28, 2017, were formalized; inscribed with the number
43333 From enrollment No73833 of the Mercantile Registry of the Department of Francisco
Morazán; a company duly authorized to operate in the Republic of Honduras as an Oil Spill ResponseOrganization OSRO for its acronym in English , by agreement of the General Directorate of theMerchant Marine number 023-2012 dated May 4, 2012; who from now on will be called OSRO andon the other hand appears Mr./ Mrs. ………………………………..………., in his/her capacity as legal
representative of the Shipping company or Agent:…………………………………………, as accredited byInstrument
number…………….
Dated……………………………………
authorized
by……………………………………………. Where it is stated that it has sufficient faculties to subscribe this kindof acts; hereinafter referred to as THE CONTRACTING PARTY, agree to carry out the following
contract in accordance with the following Clauses:
1. This contract is based on the legal agreement DGMM 023-2012, which designates Ocean
Pollution Control, S.A. Honduras as the authorized company as Oil Spill Response
Organization for Hydrocarbons and Polluting Substances (OSRO), which must comply withthe obligations that this designation entails with the General Directorate of MerchantMarine and the environmental regulations in force in the country. The main objective of
this contract is to provide the OSRO service to one or several vessels represented by THE
CONTRACTING PARTY and operating in the territorial waters of Honduras.

2. It is the responsibility of OSRO:a) To have in the Honduran territory response points in accordance with the National
Contingency Plan for Oil Spills and potentially harmful Substances in aquatic spaces ofHonduras (PNCH), properly equipped, with the best accessible technology, according to
the threats of risk defined within the same.
b) To have properly trained personnel located in the areas of greatest risk, as indicated bythe PNCH. OSRO must maintain its personnel in continuous training and must carry out
collection and cleaning exercises at its cost, with the participation of relevant
Authorities.
c) To have the best accessible technology for monitoring spills with mathematical models
such as Oil Map, drones, etc.
d) To have the best available technology for the remediation and mitigation ofenvironmental damage in situ, both hydrocarbons and harmful substances.
e) To have the best accessible technology for the final disposal of the waste collectedduring the incident.
f) To always be ready for a first response of no more than 6 hours, for the actions ofinspection, preparation and deployment of media. After that, starting fencing activities
Ocean Pollution Control, S.A. Honduras Effective 01.12.2017

and remove contaminants spilled by type. These pollutants can be, hydrocarbons ofdifferent types and viscosities, oleaginous oils and animal fats, chemical substances
harmful to health and to the environment (HazMat).
g) To have the capacity to handle spills in Tier I and Tier II categories.
h) If required, OSRO will receive support from the OPC Group from other countries.
i) OSRO will deliver a certification that THE CONTRACTING PARTY has signed this contract
and the represented vessel is up to date with the OSRO, for the responsibilities ofPrevention. This certification may be required by the General Directorate of theMerchant Marine (DGMM) for the free dialogue of the vessel.
j) When contamination incidents occur, OSRO will deliver to THE CONTRACTING PARTY a
certificate of final disposal of contaminants, once the recovery, remediation and final
disposition work has been completed. This will always be in accordance with the criteria
and protocols accepted by the competent authorities of the Republic of Honduras. Adetailed final report will be presented, describing the operations, personnel working
time in man hours, equipment usage time and required materials. It is convenient andthe CONTRACTING PARTY is urged to have an activity log that will include a diary of theoperations and resources used.
3. THE CONTRACTING PARTY is responsible for:a) To keep OSRO informed of harmful loads that are transported recurrently, in order tohave in advance the management and recovery protocols of these substances.
b) Comply with prevention rate payments.
c) In the event that the DGMM issues agreements or circulars establishing new charges orrecurring charges related to OSRO, it will be the obligation of THE CONTRACTING PARTY
to notify its Directors and / or the shipping companies, as the case may be, of said
provisions for compliance, freeing OSRO from any type of liability.
d) Keep the DGMM informed that prevention rate payments to OSRO are up to date.
e) Accept its responsibility in the event of an oil spill incident or HazMat, over which theOSRO will not have any responsibility whatsoever.
f) Deliver to OSRO a PURCHASE ORDER with the IMO number and with the GRT of eachvessel that OSRO wishes to cover.

4. Contract amount:a) Prevention Fee: THE CONTRACTING PARTY agrees to pay OSRO the amount of USD ____
for each gross registered ton (GRT) of the ship as a fee for prevention and response
activation, whenever it berths in Honduran port or makes use of the docks.
b) OSRO will deliver the invoice to THE CONTRACTING PARTY, agent or shipping line of thevessel subject to this COVERAGE according to the PURCHASE ORDER delivered by theCONTRACTING PARTY described above in 3f).
c) The invoice described in 4b) will be canceled in ____ business days. .
d) Costs for oil or harmful substances spill: In the event of an incident, THE CONTRACTINGPARTY shall pay OSRO the sum resulting from the resources activated and required forthe recovery of contaminants, cleaning, mitigation and final disposal of theOcean Pollution Control, S.A. Honduras Effective 01.12.2017

contaminants through the application of a tariff that OSRO takes to the effect. Annex Iof this contract contains a table of standardized or tariff costs for cleaning, removal andrelated events . The Incident will be handled according to the RESPONSECON incident
contract format of BIMCO / ISCO for Equipment and Personnel services without
amendments to its clauses.
5. Incident Command:a) In the event of a spill, OSRO will act immediately in Tier I cases, notifying the MerchantMarine General Directorate of the incident and proceeding with its removal, cleaning,mitigation and final disposal.
b) In the case of a Tier II spill, in addition to the actions specified in Clause 5.a, OSRO will
act immediately by activating the Department of Oceanographic Engineering and will
do what is necessary to establish an Incident Command with the participation ofrelevant authorities and THE CONTRACTING PARTY, if necessary, or a representative ofthe same, such as the Shipping Agent or the P & I of THE CONTRACTING PARTY. The onscene commander will direct the operations of cleaning and removal of contaminants
and the Incident Command will make decisions where possible affectations may occur
to possible areas of sacrifice. The Incident Command will designate a spokesperson thatwill communicate the causes and actions to the public in a professional manner. OPCHonduras may call, if necessary, third companies that own equipment and personnel,
as it appears in the PNCH and may request equipment and technical dispatch from othercountries, to the OPC Group.
6. Confidentiality:a) OSRO is committed to maintaining confidentiality regarding the spill and its causes. THECONTRACTING PARTY will support the official spokesperson with advice, who will
explain to the media and NGOs the situation in accordance with the spokesperson ofthe Incident Command in case of Tier II. It is recognized that speculations of third parties
should be avoided in regards to information about the incident because the reality is
exaggerated and distorted.
b) RESPONSECON considers that THE CONTRACTING PARTY is the only authorized
spokesperson to speak about the incident. Therefore OSRO is not responsible if theauthorities of the country determine that they are the authorized spokespersons.
c) OSRO and THE CONTRACTING PARTY are committed to maintain confidentiality of thedetails of the contract and of parallel agreements that may arise, as well as techniques
or developments of OSRO that belong to their own development.

7. Use of RESPONSECON for spill cases.
a) In spill events and without prejudice to the previous clauses, the RESPONSECON formatof BIMCO / ISCO will be used for Equipment and Personnel services without
amendments to it. For this reason the provisions of RESPONSECON without any
amendments thereto, shall be those prevailing in case of any contradiction to thiscontract.
Ocean Pollution Control, S.A. Honduras Effective 01.12.2017

8. Duration of the Contract:a) The duration of this contract is indefinite, as long as THE CONTRACTING PARTY iscarrying out maritime port activities in the Republic of Honduras. However, either party
may terminate this contract by giving the other sixty days' notice.

In witness whereof OSRO and THE CONTRACTING PARTY sign the present contract on the ... days ofthe month of ......... of the year two thousand and seventeen.

__________________________________________________________________

OSROTHE CONTRACTING PARTY

ANNEX ASCOPE OF WORK IN CASE OF INCIDENT
ANNEX B
WORKING PERSONNEL IN CASE OF INCIDENT
ANNEX CEQUIPMENT AND PARTICULARS IN CASE OF INCIDENT

Ocean Pollution Control, S.A. Honduras Effective 01.12.2017

ANNEX DGLOSSARY

OSRO: Company recognized and approved by the Directorate General of the Merchant Marine of
the Republic of Honduras, to act on Prevention, Recovery, Cleaning and mitigation of spill incidents
in the marine or terrestrial environment. Whether it's hydrocarbons or HazMat. For the purposes of
the contract is also, The Contracted Company.
HazMat: Refers to liquids, solids or gases defined as Hazardous Materials Potentially Harmful toHealth, which put human health, living organisms, goods and the environment at risk. Equivalentterms: (HazMat), (HNS), (DG),HazMat: (Hazardous Material)
HNS: (Hazardous and Noxious Substances) It refers to substances listed by IMO corresponding to“the International Convention on Liability and Compensation for Damage in Connection with theCarriage of Hazardous and Noxious Substances by Sea”, Protocol de 2010.

DG: Dangerous Goods or dangerous materials or substances (HazMat)
IMDG: International Maritime Code on Dangerous Goods (International Code on Management ofHazardous Substances) transported by sea. Annex III of the Marpol 73/78 Convention is governedby the IMDG Code and refers to the handling of DG in packages. The 2014 edition is in force and thenew edition of 2016 will come into force in 2018.
The Contracting Party: Company that hires OSRO.
PNCH: National Contingency Plan for Spills of Hydrocarbons and Potentially Hazardous Noxious
Substances in Honduran Water Spaces.
Prevention, or Incident Prevention: It is the ability of OSRO to anticipate the possible incidents inmagnitude, scope and damage that the spills may cause and to have the necessary equipment,
personnel and training to face them, in accordance with the sensitivity and risk studies existing oranticipated by OSRO.
Spill Removal: It refers to the mechanical actions of re-collection of HC or HazMat that have been
dumped in any matrix, according to the "Best Accessible Technology"”
Spill Mitigation or Mitigation:
Dispersants:
MPCD: Molecular Potentially Chain Disintegrator. Chemical product, environmentally friendly,
diluted in water that breaks the hydrocarbon chains.

Ocean Pollution Control, S.A. Honduras Effective 01.12.2017

Nutrients: It refers to chemical elements that balanced with the carbon content of a matrix
contaminated with hydrocarbons, facilitate the action of degradation of bacteria.
Bio Remediation: Bacterial action of digestion of the HC breaking the molecules thereof andtransforming them into environmentally friendly products.

Prevention Fee: Payment that the Contracting Party must make to OSRO every time a ship
represented by The Contracting Party, berths or operates in the ports and docks of the Republic ofHonduras.
Incident Command: It is whoever arrived on the scene, assumes responsibility for actions at thescene until the command is transferred to another person
On-scene Commander: Is the person in charge of the global administration of all incident response
activities, such as operations, planning, logistics, finance, security, among others.

RESPONSECON: Spill Response Contract
Coverage: Scope of application
Purchase Order: it is a document that is issued in order to request products, merchandise orservices; It Indicates quantity, detail, price and payment terms, among other things. The original
document is for the person who provides the service and implies that you must prepare the order

Ocean Pollution Control, S.A. Honduras Effective 01.12.2017