yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제16712호                           관               보            2008. 3.19. (수요일)
 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:
 (a) the designation of:
   (i) 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;
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 (b) 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) a minimum level of pre-positioned equipment for responding to pollution incidents
   commensurate with the risk involved, and programmes for its use;
 (b) a programme of exercises for pollution incident response organizations and training
   of relevant personnel;
 (c) detailed plans and communication capabilities for responding to a pollution incident.
   Such capabilities should be continuously available; and
 (d) 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:
 (a) the location, telecommunication data and, if applicable, areas of responsibility of
   authorities and entities referred to in paragraph (1)(a);
 (b) 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
 (c) 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
                                             15
제16712호                          관                 보            2008. 3.19. (수요일)
 necessary legal or administrative measures to facilitate:
 (a) 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
 (b) 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:
 (a) to train personnel;
 (b) to ensure the availability of relevant technology, equipment and facilities;
 (c) to facilitate other measures and arrangements to prepare for and respond to
                                              16
제16712호                          관                보            2008. 3.19. (수요일)
   pollution incidents; and
 (d) 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:

 (a) information services:

   (i) 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;

 (b) education and training:

   (i) to promote training in the field of preparedness and response to pollution

     incidents; and

   (ii) to promote the holding of international symposia;

 (c) technical services:

   (i) to facilitate co-operation in research and development;

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

     and

                                             17
제16712호                           관                 보            2008. 3.19. (수요일)
   (iii) to analyse the information provided by Parties 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 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:

 (a) 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.

 (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 Protocol, 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

                                               18
제16712호                         관              보              2008. 3.19. (수요일)
   Protocol present and voting.

 (e) If adopted in accordance with subparagraph (d), amendments shall be communicated

   by the Secretary-General to all Parties to the Protocol for acceptance.

 (f) (i) An amendment to an article or the Annex of the Protocol shall be deemed to

   have been accepted on the date on which two thirds of the Parties have notified the

   Secretary-General that they have accepted it.

   (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, in accordance with subparagraph (d), 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 Protocol 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 notification 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 Protocol to

   consider amendments to the Protocol.

 (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

                                           19
제16712호                          관                보            2008. 3.19. (수요일)
 the Annex.
(5) Any Party which:
 (a) has not accepted an amendment to an article or the Annex under paragraph 2(f)(i);
   or
 (b) has not accepted an amendment constituting an addition of an Annex or an appendix
   under paragraph 4; or
 (c) 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 Protocol shall contain only provisions of a technical nature.
                                         Article 13
              Signature, ratification, acceptance, approval and accession
(1) This Protocol shall remain open for signature at the Headquarters of the Organization
 from 15 March 2000 until 14 March 2001 and shall thereafter remain open for
 accession. Any State party to the OPRC Convention may become Party to this Protocol
 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 14
                       States with more than one system of law

(1) If a State party to the OPRC Convention comprises two or more territorial units in

                                             20
제16712호                          관                보             2008. 3.19. (수요일)
 which different systems of law are applicable in relation to matters dealt with in this

 Protocol, it may at the time of signature, ratification, acceptance, approval or accession

 declare that this Protocol shall extend to all its territorial units or only to one or more

 of them to which the application of the OPRC Convention has been extended, and may

 modify this declaration by submitting another declaration at any time.

(2) Any such declarations shall be notified to the depositary in writing and shall state

 expressly the territorial unit or units to which the Protocol applies. In the case of

 modification the declaration shall state expressly the territorial unit or units to which

 the application of the Protocol shall be further extended and the date on which such

 extension takes effect.

                                         Article 15

                                    Entry into force

(1) This Protocol 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 13.

(2) For States which have deposited an instrument of ratification, acceptance, approval or

 accession in respect of this Protocol 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 Protocol

 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 Protocol entered into force, this Protocol shall

 become effective three months after the date of deposit of the instrument.

(4) After the date on which an amendment to this Protocol is deemed to have been

 accepted under article 12, any instrument of ratification, acceptance, approval or

 accession deposited shall apply to this Protocol as amended.

                                         Article 16

                                      Denunciation

(1) This Protocol may be denounced by any Party at any time after the expiry of five

 years from the date on which this Protocol enters into force for that Party.

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

                                             21
제16712호                           관                보           2008. 3.19. (수요일)
(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.
(4) A Party denouncing the OPRC Convention also automatically denounces the Protocol.
                                         Article 17
                                         Depositary
(1) This Protocol shall be deposited with the Secretary-General.
(2) The Secretary-General shall:
 (a) inform all States which have signed this Protocol 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) any declaration made under article 14;
   (iii) the date of entry into force of this Protocol; and
   (iv) the deposit of any instrument of denunciation of this Protocol 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 Protocol to the Governments of all States
   which have signed this Protocol or acceded thereto.
(3) As soon as this Protocol 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 18
                                         Languages
 This Protocol 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 Protocol.
 DONE AT London this fifteenth day of March two thousand.
                                           ANNEX
                     REIMBURSEMENT OF COSTS OF ASSISTANCE
(1) (a) Unless an agreement concerning the financial arrangements governing actions of
 Parties to deal with pollution incidents has been concluded on a bilateral or multilateral
 basis prior to the pollution incident, Parties shall bear the costs of their respective
 actions in dealing with pollution in accordance with subparagraph (i) or subparagraph
                                              22