Annex – Guidelines for Facilitation of Response to a Pollution Incident footnote
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Statutory Documents - IMO Publications and Documents - Resolutions - Assembly - IMO Resolution A.983(24) – Guidelines for Facilitation of Response to a Pollution Incident1 – (Adopted on 1 December 2005) - Annex – Guidelines for Facilitation of Response to a Pollution Incident1

Annex – Guidelines for Facilitation of Response to a Pollution Incident footnote

  1 If a State needs assistance in the event of either an oil pollution incident or a pollution incident by hazardous and noxious substances (“pollution incident”), it may ask for assistance from other States, indicating the scope and type of assistance required. A State to which a request for assistance is directed should promptly decide and inform the requesting State whether it is in a position to render the assistance required and indicate the scope and terms of the assistance that might be rendered.

  2 The States concerned should co-operate to facilitate the prompt provision of assistance agreed to under paragraph 1 of these Guidelines, including, where appropriate, action to minimize the human health, safety and environmental consequences of a pollution incident, and to provide general assistance. Where States do not have bilateral or multilateral agreements which cover their arrangements for providing mutual assistance, the assistance should be rendered in accordance with the following provisions, unless the States agree otherwise.

  3 The requesting State is responsible for overall supervision, control and co-ordination of the response to the pollution incident and of the assistance supplied. Personnel sent by the assisting State are normally in charge of the immediate operational supervision of its personnel and equipment. The personnel involved in the assisting operation should act in accordance with the relevant laws of the requesting State, which should endeavour to inform the assisting State of the relevant laws. The appropriate authorities of the requesting State shall co-operate with the authority designated by the assisting State.

  4 The requesting State should, to the extent of its capabilities, provide local facilities and services for the proper and effective administration of the assistance, including decontamination activities, and should ensure the protection and return of personnel, equipment and materials brought into its territory by, or on behalf of, the assisting State for such a purpose.

  5 The requesting State should use its best efforts to afford the assisting State and persons acting on its behalf the privileges, immunities or facilities necessary for the expeditious performance of their assistance function. The requesting State should not be required to apply this provision to its own nationals or permanent residents or to afford them the privileges and immunities referred to above.

  6 A State should, at the request of the requesting or assisting State, endeavour to facilitate the transit through its territory of duly notified personnel, equipment and property involved in the assistance, to and from the requesting State.

  7 The requesting State should facilitate the entry into, stay in and departure from its national territory of duly notified personnel and of equipment and property involved in the assistance.

  8 With regard to actions resulting directly from the assistance provided, the requesting State should reimburse the assisting State for any loss of or damage to equipment or other property belonging to the assisting State. The requesting State should also reimburse the assisting State for expenses involved in such assistance, arising from the death of or injury to persons or the loss of or damage to property, incurred by personnel acting on behalf of the assisting State. This would not prevent the requesting State from seeking reimbursement as part of its claim under the appropriate compensation convention.

  9 The States concerned should co-operate closely in order to facilitate the settlement of legal proceedings and claims which could result from assistance operations.

  10 The affected or requesting State may at any time, after appropriate consultations and by notification, request the termination of assistance received or provided under the Guidelines. Once such a request has been made, the States concerned should consult one another with a view to making arrangements for the proper termination of the assistance.

  11 As the assistance should not be delayed for administrative or other reasons, the necessary legislation should be adopted during the preparedness phase, i.e. before the incident which would require assistance. This is particularly relevant to paragraphs 4 to 8 above.

  12 Similar facilitation should be implemented by States concerned when personnel or equipment are provided on behalf of a shipowner, a cargo owner or other relevant entities.

  13 In some pollution incidents, a shipowner, cargo owner or other private entity may be best placed to call upon dedicated equipment, materials and trained operators to assist with the clean-up response. In order to benefit from the availability of such resources and to ensure their rapid deployment, the State requesting or being offered assistance should facilitate the entry, clearance and subsequent return of the persons, materials and equipment provided. Public authorities should, in so far as it is possible, waive customs and excise duties and other taxes on any equipment and materials provided on a temporary basis for the purpose of assisting in the response to a pollution incident.

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