provision of professional services for the …

PROVISION OF PROFESSIONAL SERVICES FOR THE PREPARATION OF A NATIONAL OIL SPILL CONTINGENCY (NOSCP)

Needs Assessment Report

Prepared by: R Perry, C Wood, R Maroun

Date: 11 Nov 16

Approved: P A Winn

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ABBREVIATIONS

API American Petroleum Institute

CDR Council for Development and Reconstruction

CLC Civil Liability Convention

CNRS National Council for Scientific Research

DMU Disaster Management Unit

DGO Director General of Oil

EDL Electricité Du Liban

EIA Environmental Impact Assessment

FEMA Federal Emergency Management Agency (US)

ICAG Incident Command Advisory Group

ICS Incident Command System

IMS Incident Management System

IMO International Maritime Organization

IOGP International Association of Oil and Gas Producers

IOSC International Oil Spill Conference

IOPC Fund Convention

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage

IPIECA Global Oil and Gas Industry Association for Environmental and Social Issues

JMOC Joint Maritime Operations Centre

LAF Lebanese Armed Forces

LOI Lebanese Oil Installations

LPA Lebanese Petroleum Authority

MARPOL International Convention for the Prevention of Pollution from Ships 73/78.

MCA [UK] Maritime and Coastguard Agency

MOA Ministry of Agriculture

MOE Ministry of Environment

MOEW Ministry of Energy and Water

MOF Ministry of Finance

MOFA Ministry of Foreign Affairs

MOI Ministry of Industry

MOJ Ministry of Justice

MOIM Ministry of Interior and Municipalities

MOL Ministry of Labor

MOPH Ministry of Public Health

MOPWT Ministry of Public Works and Transport

MOPWT - DGLMT Ministry of Public Works and Transport- Directorate General of Land and

Maritime Transport

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MOTe Ministry of Telecommunications

NCA National Competent Authority

NIMS National Incident Management System (US)

NOR National Operations Centre

NOSCP National Oil Spill Contingency Plan

NOSPC National Oil Spill Planning Committee

NRF National Response Framework

OGP [International Association of] Oil & Gas Producers

OPRC Oil Pollution Preparedness Response and Cooperation Convention 1990

OSCP Oil Spill Contingency Plan

OSR Oil Spill Response

OSRL Oil Spill Response Limited

PAR Petroleum Activities Regulations

P&I Protection and Indemnity [Insurance Clubs]

REMPEC Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea.

SCAT Shoreline Clean-up Assessment Techniques

SEA Strategic Environmental Assessment

SPA Specially Protected Areas

UNDP United National Development Program

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CONTENTS

Abbreviations ................................................................................................................................................... i

Contents ............................................................................................................................................................ iii

List of Tables ................................................................................................................................................... iv

Executive Summary ........................................................................................................................................v

1. Introduction ................................................................................................................................................ 1

2. National Oil Spill Response Needs Assessment .............................................................................. 2

2.1 Legislative and Legal Framework .............................................................................................................. 2

2.2 Institutional and Organizational Capacities ........................................................................................... 5

2.3 Available and Required Technical Capacities........................................................................................ 5

2.4 Needs Assessment ............................................................................................................................................ 8

3. Short and Long Term Financial Needs............................................................................................. 25

4. Summary: Key Needs ............................................................................................................................. 27

5. Conclusion ................................................................................................................................................. 30

6. Annex 1: Training Needs Analysis .................................................................................................... 31

6.1 Oil Spill Awareness ........................................................................................................................................ 31

6.2 IMO 2 – MCA 4 ................................................................................................................................................. 31

6.3 Incident Command System (ICS) - 300 ................................................................................................. 31

6.4 Media Awareness ........................................................................................................................................... 32

6.5 IMO 3 ................................................................................................................................................................... 32

6.6 IMO1 – MCA 3 Beachmaster Shoreline Supervisor .......................................................................... 32

6.7 Aerial Observer ............................................................................................................................................... 33

6.8 Shoreline Clean-up Assessment Techniques (SCAT) ...................................................................... 33

7. Annex 2: Oil Spill Response Resource Capability ........................................................................ 37

7.1 Developing a National Response Capability ....................................................................................... 37

7.2 Delivering the National Response Strategy ......................................................................................... 39

8. Annex 3- 2002 Protocol ........................................................................................................................ 44

Adopted in Valletta, Malta, on 25 January 2002 ......................................................................................... 44

9. Annex 4. The International Regime for Compensation for Oil Pollution Damage ........... 52

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LIST OF TABLES

Table 2.1: Estimations of IOPC fund contributions of Lebanon .................................................................... 4 Table 2.1: Needs Analysis .............................................................................................................................................. 8 Table 3.1: Oil spill response budget requirements .......................................................................................... 25 Table 4.1: Key stakeholder requirements ........................................................................................................... 27 Table 6.1. Training requirements for personnel involved ........................................................................... 34 Table 7.1: Checklist for logistical and other support requirements for equipment

mobilization and deployment ............................................................................................................. 38

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EXECUTIVE SUMMARY

The submission of this Needs Assessment Report (Task 6 - Assess Specific Needs) forms part of the overall objective of Provision of Professional Services for the Preparation of the National Oil Spill Contingency Plan (NOSCP) for Lebanon.

The analysis carried out gives specific needs which should be met in the NOSCP and this Needs Report. However, at a high level, there are key actions which can be taken to facilitate plan implementation, as given below. Assigning National Competent Authority (NCA), to the MOPWT - DGLMT and giving it the power and financial budget to fulfil the role, will provide a focal point for the ongoing implementation and improvement program. This decision, in line with the Oil Pollution Preparedness Co-operation and Response Convention 1990 (OPRC), is extremely important.

Key legal requirements:

Issue the NOSCP as a decree by the Council of Ministers, which also establishes the MOPWT - DGLMT as National Competent Authority

Amend existing decrees to implement the new NOSCP. Specific decrees are given in

Table 2.1.

Implement current legislation, through the development of guidelines and procedures, to fulfil specific functions within the NOSCP.

Key institutional and organizational set-up requirements:

The relationship between the National Response Framework (NRF) and the National Oil Spill Incident Commander (NOSIC) has been explained in the NOSCP. However, there will be a need for a training workshop for all participants in the plan to attend, to clarify the situation which many organizations currently have difficulty in understanding.

The roles and responsibilities of the various organizations have been described in the plan. There is now a requirement for them to produce the Standard Operating Procedures (SOPs) for their organization.

Establish a National Operations Tier 3 response center with the required response facilities. Internet access, telephone exchange, with landline extension to the whole Incident Management Team. This should also be available for other emergencies for the Operational Team.

Tier 2 sectoral response facilities need to be developed for all potential spillers such as the Lebanese Petroleum Administration (LPA), the Directorate General of Oil (DG Oil) and the Lebanese Oil Installations (LOI) including ensuring the Joint Maritime Operations Center (JMOC) facility is developed to assume the role defined in the NOSCP.

Key technical requirements:

Establish a national training framework. This has been included in the NOSCP.

Establish an oil spill response capability to support the national response strategy as outlined in the NOSCP (see Annex 2: Oil Spill Response which recommends equipment and indicative costs ).

Clearly, the resource and financial needs required will be considerable, with a large capital expenditure (particularly for equipment) as well as an ongoing budget requirement. Some general costs have been outlined for training and exercises. Indicative costs have been given in Annex 2 but this is only a budget cost and not a quote that could be very different in a competitive situation.

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1. Introduction

To give the Lebanese National Oil Spill Contingency Plan (NOSCP) the best chance of successful implementation, this document seeks to identify any needs or issues that may become obstacles to its progress. The document incorporates feedback from a series of stakeholder engagement meetings held in Beirut in 2015 and 2016, the Gaps and Challenges Report issued by the consultancy in February 2016, and other items that have become apparent during the development of the NOSCP.

Fundamental to implementation will be the legislative framework and the consultancy has worked to identify, as clearly as possible, the key legal requirements which will allow the plan to become a legal responsibility for each stakeholder. This framework has been described in the NOSCP and all stakeholders have said that they understand their role within the plan and have agreed their role within it. Work can now start to ensure that legal requirements and Ministerial procedures are implemented to fulfil the requirements of the Plan. As a minimum, each of the stakeholders will need to develop and implement internal notification and mobilization procedures.

The organization and interaction of the stakeholders and new institutional setups are also essential to the effectiveness of the plan, facilitating good communication and incident management.

Building of response capacity, both in terms of oil spill response knowledge and understanding (i.e. training), and a Tier 3 response capability, will be critical to deliver the national response strategy. Following the tiered response concept, and the requirements of the Oil Pollution Preparedness Co-operation and Response Convention 1990 (OPRC), and the 2002 Emergency Protocol of the Barcelona Convention, would include establishing a national equipment stockpile as well as building relationships with REMPEC and neighboring countries. Of course, with the current situation to the north and to the south, this will be very difficult. Therefore, as a minimum, this should include closer involvement with REMPEC. In addition, Lebanon should also look to develop a capability that would include access to industry equipment stockpiles. This may be through a contract with Oil Spill Response Limited (OSRL), or through requirements of local companies and operators to facilitate access to industry resources. Procurement of new equipment is likely to require high capital expenditure and careful consideration of costs. A gradual building of capability will be required.

The financial barriers to plan implementation will be considerable. It is outside the scope of this report to prepare a full budget for implementation. However, an indication of the activities with a cost implication, and whether they will be a capital expenditure or a budget requirement are given.

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2. National Oil Spill Response Needs Assessment

The needs identified broadly fall into the following categories:

Legislative and legal frameworks

Institutional and organizational setups

Available and required technical capacities particularly in terms of training and equipment.

A description of these categories is given in the sections below.

2.1 Legislative and Legal Framework

A National Oil Spill Contingency Plan requires a legal framework for implementation. This will ensure that each of the stakeholders with obligations under the plan will be legally required to deliver those obligations. It will also allow for additional and targeted financial funding to stakeholders to allow them to undertake their role. It is critical, however, that the legislative framework allows for changes to be made to the plan, particularly whilst it is in its infancy and not fully implemented. Roles, responsibilities and procedures may change following exercises and drills. As such there is a balance between ensuring that firstly, stakeholders prioritize oil spill response planning and response and secondly that the financial resources are made available for them to carry out their role whilst giving flexibility within the plan.

It has been agreed that, wherever possible, the current legal framework will be used to implement the plan. However, there are key areas where additional legislation, or an amendment to a current law or decree, may be required.

Critical is that the designation of the Ministry of Public Works and Transport (MOPWT - DGLMT) as the National Competent Authority (NCA) be implemented in law or a decree. It is recommended that the decrees implementing the NOSCP, designates the MOPWT-DGLMT as NCA and empowers them to update and implement the NOSCP. The NOSCP has been agreed, with all stakeholders formally undertaking to fulfil their roles. Thereafter, updates to the plan will be carried out by the NCA activating the National Oil Spill Contingency Planning Committee.

More specifically, following a thorough legal assessment the recommendation to legally implement the NOSCP is as follows:

The National Oil Spill Contingency Plan (“NOSCP”) aims at establishing a national framework for preparing and responding to oil spill in the Lebanese waters. Thus, it should be issued by a decree of the Council of Ministers, upon the proposal of the Minister of Public Works and Transports and the Minister of Energy and Water, and based on the Oil Pollution Response and Co-operation (OPRC) Convention 1990 adopted by Lebanon by Law No. 605 dated 20 November 2004. The following items are proposed to be including in the Decree:

- Approving the NOSCP, attached to the Decree, in all its volumes and requiring its execution, in implementation of Article 6(1)(b) of the OPRC that requires the adoption of “a national contingency plan for preparedness, and response which includes the organizational relationship of the various bodies involved, whether public or private, (…)”.

- Appointing the Ministry of Public Works and Transports as the Competent National Authority, in implementation of Article 6(1)(a)(i) of the OPRC that requires the designation of “the competent national authority or authorities with responsibilities for oil pollution preparedness and response.”

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- Appointing the Ministry of Public Works and Transport as custodian of the NOSCP.

- Appointing the National Oil Spill Planning Committee [provided for in the NOSCP] and identifying its role.

- Granting the Ministry of Public Works and Transport the right to update the NOSCP through a ministerial decision, whenever needed, following proposal of the National Oil Spill Planning Committee [provided the update does not affect the substantial content].

This recommendation is justified by the following:

- The NOSCP, being a national plan, should be approved by a decree issued by the Council of Ministers as it falls under the jurisdiction of the Council of Ministers that is vested with the right to set the general policy of the Government in all fields and draw up bills and organizational decrees, as per Article 65 of the Lebanese Constitution[1].

- The NOSCP, involving more than one ministry and including the organizational relationship of the various ministries and bodies involved (as required by the OPRC), should be approved by a decree issued by the Council of Ministers rather than by a ministerial decision in order to be effective and binding to the concerned ministries and bodies, particularly that the minister exercises jurisdiction over its ministry only in application of Article 66(2) of the Lebanese Constitution[2].

- We have previewed that its update can be done by a ministerial decision of the Minister of Public Works and Transport upon the proposal of the National Oil Spill Planning Committee, provided such update does not affect its substantial content.

Necessary amendments to current decrees are given in

Table 2.1, key changes include:

Requirement for Tier 1 and Tier 2 planning: For onshore operations amend (i) Decree No. 8018/2002 to require industrial institutions to submit an OSCP to the Ministry of Industry as a prerequisite for granting the exploitation permit, and (ii) Decree No. 5509/1994 to require an OSCP from onshore oil facilities.

Role of Lebanese Armed Forces (LAF): Amendment to decree-law no. 102 so that the duties of the LAF includes environmental pollution.

Other institutional requirements, such as the establishment of the Incident Command Advisor Group (ICAG), has been incorporated in the NOSCP.

Regarding relevant international conventions, and based on recent research,

Lebanon should become a signatory to the IOPC Fund. Based upon oil import figures supplied by the LOI, and assuming the same imports since 2012, The Fund has estimated

[1] Article 65 of the Lebanese Constitution: “The Executive authority shall be vested in the Council of Ministers. It shall be the authority to which the armed forces are subject. Among the authorities that it shall exercise are the following: 1. It shall set the general policy of the Government in all fields, draw up Bills and organizational Decrees and take the decisions necessary for implementing them.” [2] Article 66(2) of the Lebanese Constitution: “The Ministers shall administer the Government's services and shall be entrusted with applying the laws and regulations, each one pertaining to matters relating to his department.”

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the annual payments Lebanon would have been required to make during the period of 2010 and 2015 to range between £2,398 and £8,136 (Table 2.1). Note that it is the oil importers, not the Government that pays. The 1992 IOPC Fund is financed by contributions levied on any person who has received in one calendar year more than 150, 000 tonnes of crude oil and heavy fuel oil (contributing oil) in a State Party to the 1992 Fund Convention.

Table 2.1: Estimations of IOPC fund contributions of Lebanon

08 November 2016

1992 Fund Levies based on oil reports 2010 to 2015 for Lebanon-estimated oil tonnage 1.3 million tonnes

1992 Fund Levies

Oil Received

Year

Fund Name

Incident Date

Invoice Due Date

Total Levy Per Tonne Estimated tonnage

Annual Contrib-

utions due in GBP

2010

General Fund 2011

01/03/2012 3 500 000 0.0022946 1,346,080 £3,089

Sub total 3 500 000 0.0022946

2011

Alfa I Major Claims Fund

05/03/2012 01/03/2017 6 400 000 0.0041634 1,347,360 £5,610

General Fund 2012

01/03/2013 5 000 000 0.003263 1,347,360 £4,396

Sub total 11 400 000 0.0074264

2012

General Fund 2013

01/03/2014 3 300 000 0.0021077 1,137,890 £2,398

Sub total 3 300 000 0.0021077

2013

General Fund 2014

01/03/2015 3 800 000 0.0024779 1,300,000 £3,221

Sub total 3 800 000 0.0024779

2014

General Fund 2015

01/03/2016 4 400 000 0.0029061 1,300,000 £3,778

Sub total 4 400 000 0.0029061

2015 General Fund 2016

01/03/2017 9 700 000 0.0062582 1,300,000 £8,136

Sub total 9 700 000 0.0062582

5-Year Total Levy (2010-2015) 36 100 000 £30,628

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Based on these figures, there is clearly every incentive to join the fund to provide reasonable compensation to the country and those affected from shipping spills at terminals, ports, in the open sea, and from oil spilled from shipping drifting into Lebanese waters from the south at a very small price. It is therefore strongly recommended that Lebanon Join the 1992 IOPC Fund at the earliest opportunity. The full document on Compensation is attached in Annex 4.

2.2 Institutional and Organizational Capacities

Once the legal framework is in place, there will then be a need for all participants in the plan to make changes within their organizations to implement their new roles. These changes may include:

Setting up of facilities for emergency response within Ministries, understood to be the Sectoral Center.

Development of the Joint Maritime Operations Chamber (JMOC) as an emergency communication platform, until a Maritime Rescue Co-ordination Center is established.

Identification of a national tier 3 response command center, be this as part of JMOC or the National Operations Room (NOR)

Procedures must be in place for a duty officer on 24/7 call out within ministries, municipalities, authorities etc.

Integration of oil spill response activity with the NRF. The NRF may be mobilized partially or fully in the event of a Tier 3 spill, especially when the National Oil Spill Commander requires strategic support.

Implementation of the ICAG. This group will support the National Oil Spill Incident Commander with a range of technical advice, even if a ministry or authority is not directly involved in the response. They will form a bank of knowledge at the National Incident Commander’s disposal. In the event of an incident, they may mobilize to the command center, or they may remain remote, offering advice as requested. It is also envisaged that this group will fulfill a planning function as a part of the National Oil Spill Contingency Planning Committee, offering guidance to the MOPWT - DGLMT, as NCA, on a range of issues which could include national response strategy, risk assessment, mapping and waste management planning. This committee would approve new plans and procedures relating to oil spill response. The framework for this group has been included in the NOSCP.

Operational procedures, for example for the management and mobilization of equipment, aerial surveillance capability, approval of dispersants or management of oil spill waste will need to be produced as SOP’s by the responsible Ministries and Directorates.

2.3 Available and Required Technical Capacities

With procedures in place for implementation of the plan, and the organizational response established, the resources required to deliver the Tier 3 response capability must be identified. These include equipment for oil spill response and the necessary training for organizations and individuals carrying out the functions.

Currently, Lebanon has two national stockpiles of response equipment, one kept with the LAF and the other with the Civil Defense. This is entirely composed of shoreline response equipment donated after the 2006 Jiyeh oil spill. To implement the national response strategy identified in the NOSCP, further equipment will be required, primarily for aerial surveillance, application of

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dispersants, and offshore response activities. These will include, but not be restricted to:

Aerial surveillance aircraft – helicopter and fixed wing

Dispersant application aircraft

Dispersant application system

Stockpile of dispersants

Offshore response vessels – or access to vessels of opportunity through specific contracts

Offshore containment and recovery equipment

Offshore oil storage

Logistical support equipment – communication, PPE, welfare, spares, tools.

An example of a national equipment stockpile is given in Annex 2, with very basic budget costs, together with a discussion of how this capability may be built, with in house and external resources being used. Equipment provision should be based on risk, specific sensitivities, and an understanding of regional and international equipment stockpiles. It is impossible to provide enough equipment and resource to deal with a Tier 3 spill in all countries and therefore the tiered response concept is built upon mutual aid between national governments and industry, as predicated in the OPRC Convention. Consequently, a Tier 3 capability will be built from MOU’s with neighboring governments, oil industry response centers and other response providers. See Annex 1 for further information on capacity building.

In developing a national response, consideration should be given to the national response strategy to be delivered, to determine the type of equipment required, but also to the mobilization and deployment requirements. Equipment should be based in strategic locations that will allow fast deployment to an airport or harbor, or by road to a shoreline location.

As a result of the modelling, it has been suggested that the majority of equipment should be located towards the North of the country. However, the drill scenario showed that this would not always be the case. Therefore, there is a need for the equipment to be spread from south to North Furthermore, the equipment should be packaged for transport, well maintained and supported by the logistical resources necessary for transportation. See Annex 2 for an example of equipment which could form a national response stockpile, together with some technical considerations for mobilization and deployment.

This will require a high initial capital investment as well as an ongoing budget. Some additional capability may be provided by commercial Tier 1 oil spill response capability and taking part in their training and drills. Clearly, these resources will be available to supporting a national response. However, the national stockpile of equipment must always be available to respond to a Tier 2/3 spill and/or a spill where the origin is unknown, and it is critical that this capability is not compromised. It has been suggested by MOPWT - DGLMT that a small levy per barrel of oil imported by the private oil terminals could provide some of the finance required.

Indicative budget costs are included in Annex 2 with the recommended equipment.

The consultancy believes that oil spill response and ICS training at all levels is the most critical requirement for the National Oil Spill Response in Lebanon. Valuable experience was gained during the spill in 2006, however improved knowledge and understanding of oil spill response techniques and issues will be necessary at all ministry levels. All those who may be involved in oil spill response, or oil spill response planning, are required to complete an oil spill training course. The IMT must be trained as a minimum to IMO2 level, with senior officers to the IMO3 standard. In addition, all facilities, ports and offshore installations must conduct training at IMO1 and 2

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levels, to ensure that operational personnel, whether within the public or private sector, are adequately prepared to carry out their role in oil spill response. Once again, this will require initial expenditure, followed by an ongoing budget to ensure that all personnel are kept up to date with regular training and exercises.

The figures below were provided by a training provider fully accredited for the UK Maritime and Coastguard Agency by the Nautical Institute. This was the first, and as far as we know, the only accredited training system in the world at present. It would be essential that training personnel are fully familiar with the situation in Lebanon and therefore it is likely that the staff that has already been involved in preparing the NOSCP in Lebanon would be used. Their indicative budget costs for the training are as follows:

IMO Level 2 £12,600

IMO Level 3 £13,300

These would be for courses for up to 30 delegates, so the consultancy would anticipate 1 IMO 3 course and at least 3 IMO2 courses. The higher cost of the IMO 3 is due to more senior trainers and more training aids. All costs do not include travel and accommodation but including all facilities manuals, training aids etc.

In addition, there will be other technical requirements that will assist with oil spill response and planning. These will include:

Further development of oil spill sensitivity mapping, by MOE, CNRS and Academia

Further development of shoreline oil spill response assessment. A full survey will be required to be completed by the MOE team above to describe all the sensitive areas. This can be followed by a survey of all the shoreline to determine the best cleanup measures and the areas that can be protected by pre-agreed booming plans.

Oil spill communication platforms

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2.4 Needs Assessment

Table 2.1 below provides detailed analysis of the needs identified. Each need has been labeled as a legislative, organizational or technical need, and has been prioritized. This should act as a guide as to the order in which the tasks should be addressed. The following classification is used:

High priority (H): If these needs are not met in the plan, including procedures and organizational framework, the plan will not function.

Medium priority (M): Once the high priority needs are met, these are elements which will ensure that the plan is effective in response to oil spill incidents.

Low priority (L): These needs add further to the plan in general, allowing it to be more robust, and to the response in particular, improving environmental and socio-economic protection.

Table 2.1: Needs Analysis

No. IDENTIFIED NEED

LE

GA

L

OR

GA

NIS

AT

ION

AL

TE

CH

NIC

AL

LEGAL REQUIREMENT OTHER REQUIREMENTS AND FURTHER ACTIONS

PR

IOR

ITY

PREVENTION

1 Develop a compliance assurance framework covering audit, inspection and monitoring requirements

X X Onshore: Amend Decree No. 9765/2003 (for industrial institutions) and Decree No. 5509/1994 (for onshore oil facilities) or issuance of new decrees setting the requirements for audit, inspection and monitoring of industrial establishments, in implementation of (i) the

Develop a framework for inspection, monitoring and auditing of industrial facilities from which there is a risk of oil pollution. Include guidelines for preparation and the approval process.

MOI to take the lead, however the MOPWT - DGLMT, MOE, and affected ministries should receive audit reports for ports, oil handling and storage facilities

M

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No. IDENTIFIED NEED

LE

GA

L

OR

GA

NIS

AT

ION

AL

TE

CH

NIC

AL


PR

IOR

ITY

Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities that requires establishing systems of inspection and monitoring of industrial facilities and onshore oil facilities to assess compliance with authorizations and regulations, and (ii) article 32 of the Environment Law No. 444/2002 that requires setting the necessary measures to prevent oil pollution deriving from facilities or boats,

Offshore: Issue a decree by the Council of Ministers to identify the concerned government authorities for carrying out inspection of offshore facilities (article 144 of PAR), and setting the standard procedures for audit and inspection.

Amend decree No. 9765/2003 (for industrial institutions) so

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No. IDENTIFIED NEED

LE

GA

L

OR

GA

NIS

AT

ION

AL

TE

CH

NIC

AL


PR

IOR

ITY

that the Ministry of Industry is granted a duty of general coordination with respect to supervision of industrial institutions. Other ministries and authorities (under article 4) shall be obliged to notify the Ministry of Industry about any information or action they may take under this article 4.

2 Establish a framework for the review and approval of environmental impact assessments and environmental management plans for facilities with a potential for significant environmental impact or emergencies.

X Onshore: The EIA should be approved by the MOE, as per the current legislation.

Offshore: A decree setting the procedures, requirements and conditions related to the EIA study for petroleum activities in the Lebanese waters should be issued by the Council of Ministers upon proposal of the Minister of Energy and Water following the LPA’s opinion and coordination with the relevant ministries (article 29.3 of the OPRL and article 11 and seq. of the PAR).

Implement current legislation through guidelines outlining requirements and the approval process.

MOE to be the lead.

LPA will contribute to this decree

M

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No. IDENTIFIED NEED

LE

GA

L

OR

GA

NIS

AT

ION

AL

TE

CH

NIC

AL


PR

IOR

ITY

PLANNING

3 Implement the requirements of the Protocol concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea Adopted in Valetta Malta on 25th January 2002

X X Law 254 dated 15 April 2014 has ratified this Prevention and Emergency Protocol.

This protocol imposes some new requirements upon Lebanon, for example HNS plans and aerial surveillance to detect illegal discharges. This protocol is attached as Annex 3 for review and action by the NCA and affected Ministries.

4 Improved relations with regional and international organizations offering support for oil spill response i.e. REMPEC.

X N/A MOPWT - DGLMT, as NCA, to work with MOFA to enhance regional and international relationships, promoting mutual aid, specifically the existing relationship with REMPEC in the Mediterranean.

Work to incorporate regional and international resources into the development of a Tier 3 response capability.

M

5 Identification of a port or ports of refuge for shipping in Lebanon.

X X No international or national legislation in place. IMO has issued non-binding guidelines

A Port of Refuge is an identified area to which a vessel in difficulties could be towed to reduce the impact of a potential marine pollution. This should be considered for inclusion in the NOSCP in the future.

MOPWT - DGLMT to lead the planning process

M

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No. IDENTIFIED NEED

LE

GA

L

OR

GA

NIS

AT

ION

AL

TE

CH

NIC

AL


PR

IOR

ITY

through National Oil Spill Planning Committee

6 MOPWT - DGLMT to be appointed, in law, as the National Competent Authority under OPRC 90.

X X Issue a decree by the Council of Ministers which shall (i) appoint the Ministry of Public Works and Transports (MOPWT - DGLMT) as the competent authority under OPRC, (ii) empower the MOPWT - DGLMT to prepare the NOSCP, and (iii) appoint the MOPWT - DGLMT as the custodian of the NOSCP, implementation of OPRC.

Recognition of MOPWT - DGLMT as the NCA will be critical in successful implementation of the plan.

This decree should outline the roles and responsibilities of the NCA to include, but not be limited to: Management of National Oil Spill Planning Committee, management of the Tier 3 response capability, management of the national oil spill response training strategy, approval of Tier 1 and 2 planning.

H

7 Establish the Terms of Reference for the ICAG committee.

X N/A The ICAG is the new organization set up to support oil spill response with a range of technical expertise. This is described in the NOSCP

MOPWT - DGLMT, as National Competent Authority, should establish the ICAG, which when not involved in an OSR incident will also act as the National Oil Spill Planning Committee and on which will act as chair.

H

8 Establish the link between the NOSCP incident management and the NRF

X N/A This link has been established within the NOSCP and briefly tested in the drill, however there is still considerable lack of understanding and a workshop will be needed to explain this relationship to all parties. Its implementation will be critical to ensure that spill Incident Command at a tactical and strategic

H

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No. IDENTIFIED NEED

LE

GA

L

OR

GA

NIS

AT

ION

AL

TE

CH

NIC

AL


PR

IOR

ITY

level is as effective as possible. LPA, DGLMT and DRMU should convene a workshop to demonstrate the link between the NOSCP and the NRF.

9 Establish requirements for ports, oil terminals, offshore installations, and other facilities to have in place Tier 1 plans which integrate with the NOSCP.

This should include the provision of the necessary equipment to combat pollution from the facility or installation.

X X Onshore: Amend (i) Decree No. 8018/2002 to require all relevant industrial institutions to submit an OSCP to the Ministry of Industry as a prerequisite for granting the exploitation permit, and (ii) Decree No. 5509/1994 to require an OSCP from onshore oil facilities.

OFFSHORE: The PAR requires emergency plans be submitted by the operators to the Minister of Energy and Water with a copy to the LPA (article 137).

Guidance documents issued by the NCA to all facilities, ports and offshore operators outlining planning requirements.

Procedures for approval of plans to be established.

All onshore plans to be approved by MOPWT - DGLMT and key stakeholders.

Existing facilities shall be given a designated period of time to prepare and submit the required OSCP.

H

10 Establish requirements for regional Governorates Shoreline Protection and Clean-up Plans

X X Guidance documents issued by the NCA to all Governorates on the requirements of their shoreline protection and clean-up plans.

Procedures for approval of plans to be established.

All plans to be approved by the MOPWT - DGLMT

Governorates given the opportunity to discuss issues; maybe facilitated via a national planning meeting.

M

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No. IDENTIFIED NEED

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PR

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11 National framework for response identifying oil spill response training requirements across all industries, ministries and sectors. This should include the requirement for oil spill response exercises at a local and national level.

X X N/A Identify who, within government agencies, requires oil spill response training. LPA to assist the NCA utilizing NOSCP Vol C.

Identify the level of training required by ports, oil handling and storage facilities and offshore operators. Ensure this training is undertaken.

Identify qualified training organizations.

Identify budget and funding arrangements.

A training needs analysis is included as Annex 1 of this report.

H

12 Training Health and Safety Advisors in relation to oil spill response activities. This is not normally part of H&S training but is extremely important in Oil Spill Response due to the many hazards that may be encountered.

X X Under Article 6(2) of the OPRC Convention, Lebanon should establish a program of exercises for oil pollution response organizations and training of relevant personnel.

The Ministry of Labor (MOL) and LAF have H&S advisors who should be trained to the specifics of oil spill response and made available for emergency deployment on site. MOL to organize specific oil spill safety training

The MOL and LAF should identify health and safety advisors with clear responsibility to advise the National Incident Command in the event of an incident. Further duties may include travelling to specific response sites to monitor activities and to advise on health and safety procedures.

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No. IDENTIFIED NEED

LE

GA

L

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PR

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13 Baseline studies of shoreline ecology, biodiversity and typology to enhance the sensitivity mapping.

This will need to be extended to offshore areas for the same reason.

X N/A Baseline studies are an essential part of OSR pre-planning. Unless these have been carried out and updated, there is no yardstick against which to measure post spill damage.

A sensitivity map, based on data currently available, has been developed as part of this project. This should be enhanced by further studies to identify environmental and socio-economic resources which may be impacted by oil pollution.

The location of proposed marine protected areas should be agreed and finalized to be included in the sensitivity mapping.

Program to be led by MOE, liaising closely with the MOPWT - DGLMT to ensure oil spill response objectives are met. Resources of academia will be useful in this task.

M

14 Establish a national database of oil types, grades and quantities imported and stored in Lebanon.

X N/A This task has been started by the project team and should be completed By DG Oil and LOI as part of ongoing spill preparedness.

L

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No. IDENTIFIED NEED

LE

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L

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15 Continued improvement of GIS sensitivity mapping, risk assessment and oil spill modelling

X N/A MOE to liaise with the MOPWT - DGLMT as appropriate to make sure that these oil spill response planning objectives are met.

M

16 Shoreline surveys to assess clean-up strategy and logistical requirements i.e. beach access points, beach cleanup plans, local facilities etc.

X N/A MOE together with CNRS and Academia could lead this. External expertise would help to train local teams.

this information is essential as part of shoreline protection and cleanup plans, and would therefore add robustness to national planning.

This should be done in collaboration with municipalities.

H

17 Further planning needs include: The financial

requirements i.e. allocate budgets in the annual budget of relevant entities to undertake the actions needed to build competences and capacities i.e. training,

X These issues will need to be considered by the NCA, with MOF and the National Oil Spill Planning Committee (NOSPC)

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No. IDENTIFIED NEED

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PR

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equipment, etc. The need for national

drills (not only as part of Need #11 but highlighted as a requirement)

The need for training and practice on oil spill risk assessment and oil spill modeling

RESPONSE

18 National Incident Command Centre for the management of Tier 3 oil spills

X N/A In practice this could be an extension of the MOPWT - DGLMT and/or LPA sectoral center or the JMOC facility. The current JMOC facility would not be adequate without additional resources.

Identification of additional facility requirements and necessary budget, for example it is possible that JMOC could be used for this purpose but the capacity and resources of the facility would need to be significantly increased.

MOPWT - DGLMT as NCA, together with the LPA to review, available facilities to identify which could be used.

H

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No. IDENTIFIED NEED

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19 Establish sectoral incident command centers.

X N/A In the event of a Tier 2 spill, the sectoral center, together with the facility, will manage the spill, and therefore must have the facilities required to do this. Requirements will include information management and communications.

Identify ministries with a requirement for an emergency response room. As a minimum, this is expected to be:

MOPWT - DGLMT

MOEW – LPA & DGO

LOI

In the short term, all spills could be managed at the Tier 3 command facility (see above)

M

20 JMOC, as the identified 24/7 contact point for oil spill response, will require additional facilities to support this function.

X N/A Identify needs and budget requirements.

MOPWT - DGLMT to work with LAF to design an adequate facility.

Additional equipment and facilities may include:

Charts

Additional communication equipment

Information Technology (IT)

H

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No. IDENTIFIED NEED

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PR

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21 Establish the role of the LAF in oil spill response.

X The Lebanese Army is responsible for the defense and security of the Lebanese territory. Its human resources and equipment have been used for combatting the 2006 oil spill in the Lebanese waters. The responsibilities assigned to the Lebanese Armed Forces (“LAF”) in the NOSCP have been agreed upon by the LAF (upon circulation of the NOSCP draft to the concerned ministries and bodies). In addition, the NOSCP will be issued by decree of the Council of Ministers and the LAF is a member of the National Oil Spill Planning Committee. Thus, we do not foresee a legal impediment to the involvement of the LAF in combatting oil spill incidents in the Lebanese waters, particularly that the LAF can be assigned missions by the Council of Ministers in application of the National Defense Law No. 3/79 dated 24 March 1979.

H

22 Assign salvage responsibilities.

X X There is no specific legal framework defining roles and responsibilities for salvage.

Salvage of the vessel will be required and operations are likely to be managed alongside the oil spill response operations. Plans and facilities should be in place to deal with the salvage operation. MOPWT – DGLMT to lead.

H

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No. IDENTIFIED NEED

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23 Implementation of a 24/7 call out procedure

X N/A Currently the only organizations that are set up to respond on a 24/7 basis are the JMOC and the NOR. All ministers and authorities will be required to have a 24/7 point of contact and procedure for 24/7 mobilization.

All sectoral centers must establish a procedure for 24/7 mobilization.

All stakeholders need to establish internal notification and mobilization procedures in line with their responsibilities.

Procedure to be tested regularly. NCA to lead

H

24 Development of a national Tier 3 response capability, including a national stockpile of pollution control equipment to support the national response strategy. See Annex 2: Oil Spill Response Resource Capability

X X X Identify dispersants allowed to be used to combat oil spill and their mode of use in a decree of the Council of Ministers that might be in implementation of article 44 of Law No. 444/2002.

Currently, all existing equipment is for shoreline response and clean-up. Additional capability is required. This should include, but not be limited to:

Aerial response capability

Aerial dispersant spray capability

Oil spill response vessels

At sea containment, recovery and storage.

Careful identification of equipment needs should be undertaken in consultation with equipment manufacturers and oil spill experts.

Identify necessary financial requirements.

These equipment needs should be assessed in line

H

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No. IDENTIFIED NEED

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with regional and international response capabilities.

Consideration should be given to establishing a contract with Oil Spill Response Limited (OSRL) to gain access to international industry stockpiles.

Response capacity building should include development of mutual aid agreements with industry and regional governments.

MOPWT - DGLMT, together with the LAF, to look at options for aerial response in country.

MOPWT - DGLMT, together with the LAF, to identify response vessels in public sector that could be used for OSR.

MOPWT - DGLMT, together with the LAF, to identify vessels in the public sector (regionally if appropriate) that could be used for OSR.

Establish contracts with the necessary authorities/companies for the provision of OSR vessels in the event of an emergency.

Details of response capability, including examples of the equipment packages which would support the national response strategy are given in Annex 2.

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No. IDENTIFIED NEED

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24 An oil spill waste management framework to be implemented to deal with oil spill waste.

X X X Issue an implementing decree of Article 44 Law No. 444/2002 setting forth the requirements, including the necessity for a prior permit, for the treatment, storage, and disposal of hazardous waste.

Issue a decree setting the procedures and principles, at the national level, for the management and disposal of hazardous waste including waste oil (article 44 of the Environmental Law 444/2002)

Transport of waste collected at site of incident to appropriate disposal facilities and disposal of waste as such shall be carried out in accordance with the principles as established in the NOSCP.

Management of oil spill waste will be critical to a successful operation.

It is recommended that this be a focus of the ICAG group once established with MOE taking the lead.

H

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No. IDENTIFIED NEED

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25 Establish procedures with MOL and General Security to facilitate the granting of work permits and visas for emergency oil spill response

X This is actioned by the NOR. NOSIC calls the Liaison Officer (LO) in the Co-ordination Unit (CU). In future, it may be implemented by the Host Nation Support Unit (HNSU)

M

26 Develop financial procedures for emergency funding in the event of an oil spill

X X Several options are available for the transfer of funds under the public law account.

The transfer of credit from the country’s budget reserve based on a decree following a request from the concerned ministry sent to the MOF for the combat of a disaster, whereby the request is studied and a decree is proposed to be approved as per standard procedures.

The opening of an additional exceptional credit by a law, knowing that the President of the Republic is allowed by law to open exceptional credits below a certain ceiling.

Ensuring funding through the Higher Relief Council based on a request from the concerned administration presented based on standard procedures, knowing that the source of funding may be from the treasury as a credit given to the HRC for this purpose or through the budget of the HRC itself.

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No. IDENTIFIED NEED

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RECOVERY

27 Procedures to claim compensation for oil spill response.

X N/A Financial provision should be in place to compensate Lebanese companies and individuals which may have been financially impacted by the spill.

Further procedures in place to recover this expenditure from the polluter/insurance/P&I club to ensure that, as far as possible, costs to Lebanon are compensated for.

Provision in place to assess environmental impact as necessary.

MOF, together with the MOPWT - DGLMT, to take the lead in putting the necessary procedures in place and issuing information to stakeholders.

M

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3. Short and Long Term Financial Needs

At this stage an estimation of the total cost to implement and maintain the NOSCP is not possible. In Table 3.1 below, we have taken each high priority need and identified the associated funding requirements. Once the draft NOSCP has been agreed, the MOPWT - DGLMT, together with the LPA and other key stakeholders, should undertake a full cost analysis. Ultimately, the MOPWT - DGLMT, as NCA, will manage an annual Oil Spill Response Budget that will address the key needs over several years. Table 3.1 gives the overview of the areas which an oil spill budget will need to address. In addition, more resources will be required by stakeholders to implement current or draft legislation such as environmental auditing, port state control procedures, and waste management.

Table 3.1: Oil spill response budget requirements

Financial Requirement

Comment

Sh

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Establishing the MOPWT - DGLMT -as National Competent Authority

A small team of 2-3 people should be established to manage oil spill response capability within Lebanon. Duties to include management of equipment stockpiles, management of ICAG, management of the OSR budget.

X X X X

Tier 1 and 2 facility oil spill response planning, including local Governorate plans.

Budget and resources will be required as a capital expenditure to establish guidelines for the writing of facility level plans and then implementation of procedures to approve them. An ongoing budget within stakeholder ministries will be required to ensure review and approval of new plans.

X X X X

National training and exercise framework.

This will be a continuing financial requirement, and is critical to a successful plan. Training will need to be carried out and refreshed on a regular basis. In addition, exercising of the plan should be regular with some activity on a bi-annual basis. This will be the responsibility of the NCA with the NOSCP input and probably with external assistance

X X X X

Tier 3 response capability

Establishing an equipment stockpile to support the national response strategy will be a fundamental part of the plan, but one with high capital expenditure and on-going running costs. In the short to medium term, this could be a service provided solely by a contractor such as OSRL, with a membership contract (www.oilspillresponse.com/membership)

X X X X

http://www.oilspill/

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Financial Requirement

Comment

Sh

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Ex

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Incident management facilities – JMOC Tier 3 and sectoral

Emergency management facilities, and communications are essential. This is likely to be a capital expenditure for each sector with maintenance of the facilities being relatively low cost. To include development of the JMOC facility.

X X X X

Oil spill sensitivity mapping

Further development of the mapping element of this project to enhance planning and response

X X X X

27 | P a g e

4. Summary: Key Needs

Section 2 of this report gives a detailed analysis of the needs, at a national level, required for

implementation of the NSOCP. As a summary, Table 4.1 below outlines, in simple terms, the

requirements for each ministry/directorate.

Table 4.1: Key stakeholder requirements

Key Stakeholder

Key Organizational Needs for NOSCP Implementation

MOPWT - DGLMT

Identify National Incident Commanders.

Establish ICAG/ National Oil Spill Planning Committee and facilitate its work.

Establish internal oil spill notification and mobilization procedure.

Establish sectoral emergency response facilities.

Ensure oil spill response training is carried out in line with training needs analysis.

Identify Oil Spill Response focal point – individual with responsibility for oil spill response.

Establish Tier 3 oil spill response capability through equipment stockpiles and international mutual aid.

Manage the national oil spill response training and exercise framework, including building a database with all ministries and directorates of who has carried out current OSR training.

Implement procedures in place to manage the guidelines and approval process for Tier 1 and 2 plans.

Establish JMOC as a notification and response communication facility.

MOE Establish internal oil spill notification and mobilization procedures.


Put procedures in place to manage dispersant application.

Put procedures and planning in place to manage oil spill waste.

Carry out oil spill response training organized by MOPWT – DGLMT in line with training needs analysis.

Put procedures in place to review and approve, as consultee, Tier 1 and 2 plans.

As part of the training framework, identify any individuals who have undergone oil spill response training and inform MOPWT - DGLMT

MOEW – LPA Establish internal oil spill notification and mobilization procedure.



Put procedures in place to review and approve, as consultee, Tier 1 and 2 plans. LPA will approve all offshore plans.


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Key Stakeholder


MOEW – DGO Establish internal oil spill notification and mobilization procedures.


Carry out oil spill response training in line with training needs analysis.


MOEW- LOI Establish internal oil spill notification and mobilization procedures.



Produce Tier 1 and 2 plans for approval by MOEW and thence to MOPWT - DGLMT.

MOEW-EDL Establish internal oil spill notification and mobilization procedures.

Carry out oil spill response training organized by MOPWT – DGLMT in line with training needs analysis

Produce Tier 1 and 2 plans for approval by MOEW and thence to MOPWT - DGLMT.

MOIM/ General Security/ ISF

Establish internal oil spill notification and mobilization procedures.


Member of the NOSIC Support Staff – Security.

MOIM – Civil Defense




As part of the training framework, identify any individuals who have undergone oil spill response training and inform MOPWT – DGLMT.

Audit of current pollution control equipment to establish current inventory.

MOIM – Coastal Governorates




Establish Shoreline Protection and Response plans for each Governorate.

LAF Establish internal oil spill notification and mobilization procedures.




Audit of current pollution control equipment to establish inventory.

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Key Stakeholder


Coastguard Establish internal oil spill notification and mobilization procedures.

Established defined memorandum of co-operation for liaison with other agencies.

Carry out oil spill response training organized by MOPWT – DGLMT in line with training needs analysis

MOI MOI has a role in ICS in the ICAG and providing Health and Safety inspectors.

Oil spill response training will be required to understand its role in ICAG.

MOI has a major role in Tier 1 plan approval and oversight.

MOInf Establish internal oil spill notification and mobilization procedures.


Set internal procedures for management of media and public information during a spill.

MOL Establish internal oil spill notification and mobilization procedures

Carry out oil spill response training organized by MOPWT – DGLMT carried out in line with training needs analysis.

Set internal procedures for management of health and safety during oil spill response.

Organize oil spill safety training for the response organization.

MOJ Establish internal oil spill notification and mobilization procedures.

Carry out oil spill response training organized by MOPWT – DGLMT carried out in line with training needs analysis

Set internal procedures for management, together with the MOF, insurance and compensation claims.

MOPH Establish internal oil spill notification and mobilization procedures.


Set internal procedures for the treatment of casualties suffering the effects of exposure to and contamination with hydrocarbons.

MOT Establish internal oil spill notification and mobilization procedures.

Assist in the provision of extended communications during an oil spill response.

Carry out oil spill response training organized by MOPWT – DGLMT carried out in line with training needs analysis

MOF Establish internal oil spill notification and mobilization procedures.


Advise on and facilitate the co-ordination of stakeholder bids for additional funding for oil spill response.

Liaise with the Directorate General of Customs to implement or enhance current procedures for the swift importation of equipment in support of oil spill response

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5. Conclusion

The needs identified in this report go some way to facilitating a full implementation plan for the NOSCP. Key to the success of the plan is that these needs are met and that the MOPWT - DGLMT, as NCA and the focal point for planning activities, continue to develop oil spill planning activities. In line with management principles, this should be carried out as part of a planning cycle which should set priority objectives to be met. In this way, the capability and expertise in country will be developed over time. This capability and expertise should be developed through training, and tested through regular exercises in line with the requirements of the plan.

Planning a response for an unknown incident, at an unknown time, in an unknown location, is notoriously difficult. However, the concept of tiered response is used in order that response to a large incident uses international resources, both from government and industry, to respond and as such the building of these relationships regionally (through REMPEC) and through industry in country will be invaluable to a response capability for Lebanon.

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6. Annex 1: Training Needs Analysis

To effectively carry out their assigned duties under the NOSCP, it is crucial that personnel in the various response teams must be given the relevant training. As with any assigned position in business or the country, this will ensure that, together with regular continuation exercises, they will be capable and confident in carrying out these duties.

6.1 Oil Spill Awareness

Introduction to the processes involved in an oil spill response. Prepares delegates to become a member of an oil spill response team.

Topics covered include: Spill causes, properties and fate of oil, impacts of oil spills, international conventions, assessment and evaluation, contingency planning, response strategies, command and control and spill management.

Applicability: Personnel who are in very junior roles or administrative positions to help them to understand the process of spill response

Duration: 1 day

6.2 IMO 2 – MCA 4

Content: The objective of the course is to train members of an oil spill response team organization to effectively respond to an oil spill through the deployment of equipment and resources at the local level. The course focus, therefore, is on the operational management and tactics involved in responding to oil spills. These procedures represent the critical delivery element of any national contingency plan and must include all the key players from government, industry and the other interested parties. The course is 5 full days in length composed of lectures, group assignments and exercises.

The course should be delivered within the local context of the Lebanon. The instructional staff will establish the course objectives and content in relation to the participants and the National Oil Spill Contingency Plan.

Applicability: Supervisors and On Scene Commanders and members of the oil spill management team, including the leaders reporting to the Head within the four main Sections.

Duration: 5 days

6.3 Incident Command System (ICS) - 300

The Incident Command System was developed in the United States and is used internationally to manage large scale incidents in the oil and gas industry and in other sectors. ICS 300 is appropriate to expanding incidents where existing operational or facility contingency plans have been exhausted in the initial response phase. It prepares delegates to deal with a large scale on-going response requiring pre-planning and the ability to scale up the response organization to match the event. It is based upon the concept of management by objectives, provides a modular response organization and describes in detail the planning process and development of an effective response plan.

Applicability: Senior personnel with management responsibility in oil spill response

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Pre –requisites: ICS 100 – Introduction to the ICS and ICS 200 – ICS for single resources and initial actions

On line courses are available through the Federal Emergency Management Agency ICS Resources website: http://www.training.fema.gov/emiweb/is/icsresource/index.htm

Duration: 3 days

6.4 Media Awareness

It is understood that within the Lebanon, the Ministry of Information is designated to lead the Media response. Nevertheless, experience has shown that the media will always wish to talk to people who are actively involved in the response. As a result, it is considered that the several senior members of the ICAG and General Staff should receive media training. In particular, this should also focus on social media, which if mishandled can cause misconceptions and unwarranted criticism.

Applicability: National Incident Commanders, ICAG, General Staff Heads

Duration: 1 day

6.5 IMO 3

The objective of the seminar is to inform senior officials on the responsibilities of the members of an oil spill response team organization to effectively respond to an oil spill through the deployment of equipment and resources at the national level. The seminar focus, therefore, is on the operational management and policies involved in responding to oil spills. These procedures represent the critical delivery element of any national contingency plan and must include all the key players from government, industry and the other interested parties. The seminar is 2 full days in length composed of modules, group discussions and an exercise.

The course should be delivered within the Lebanese context. The instructional staff will establish the seminar objectives and content in relation to the participants and the National Oil Spill Contingency Plan.

Applicability: Senior Managers with Oil Spill Responsibilities

Duration: 2 days

6.6 IMO1 – MCA 3 Beachmaster Shoreline Supervisor

The content of the course will be geared towards the Lebanese context and relevant to the National and local contingency plans and responsibilities of the delegates. The instructor will be aware of the local community response limitations and the types of resources available to respond to an oil spill

The course is designed to develop the individual’s awareness of site assessment, risk assessment and set up of the clean-up sites, shoreline types, environmental issues, response strategies, shoreline clean-up assessment technique (SCAT) equipment and waste management. It includes a practical deployment exercise.

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Applicability: Port and Harbor personnel, municipal authorities and supervisors of shoreline oil spill clean-up teams.

Duration: 3 days.

6.7 Aerial Observer

Topics covered: Operational Remote Sensing of the oil spills by Optical, Microwave, Satellites, Aircraft. In Situ observation: Visual, Imaging, spectrometry. Need for Regional aerial surveillance, Monitoring MARPOL and Special Areas Visual and electronic surveillance. Electronic equipment types, uses and limitations. Search profiles Applicability: LAF and Aerial Surveillance team Duration: 2 days

6.8 Shoreline Clean-up Assessment Techniques (SCAT)

The Shoreline Clean-up Assessment Technique (SCAT) process is now a familiar part of an oil spill response in many countries. SCAT teams play a key role in the assessment of the scale and scope of a shoreline response program. The course is designed to introduce the technique in the classroom and then to carry out a practical exercise on the shoreline.

Applicability: Shoreline supervisors, environmental team members and local authority personnel responsible for shoreline clean-up.

Duration: 2 days

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Table 6.1. Training requirements for personnel involved

POSITION OIL SPILL

AWARENESS IMO 2 - MCA 4 ICS IMO 3

IMO 1 - MCA 3 Beachmaster

Shoreline Supervisor

Aerial Observer

Shoreline Response

Shoreline - Clean-up

Assessment (SCAT)

MEDIA

National Incident Commander

X X X X X

Incident Command Advisory Group

X X X X X

Command Staffs

Public Affairs Advisor

X X X X X

Security Officer X X X X X

Safety Officer X X X X X

Legal Advisor X X X X X

Technical Specialists X X X X X

General Staffs

Planning

Planning Head X X X X X X

Environment Leader X X X X

Resources Leader X X X X

Response Planning Leader

X X X X

Documentation Leader

X X X

Operations

Operations Head X X X X X X

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POSITION OIL SPILL




Aerial Observer

Shoreline Response


Assessment (SCAT)

MEDIA

Aviation Division

Aviation Division Head

X X

Aerial Surveillance Leader

X X X X

Aerial Dispersants Leader

X X X X

Marine Division

Containment and Recovery Leader

X X X

Marine Dispersants Leader

X X X

Shoreline Division

Shoreline Manager X X X X X

Response Team Leaders

X X X X X

Wildlife Division

Wildlife Manager X X X

Health & Safety

H&S Advisors X X X

Waste Management

Waste Manager X X X

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POSITION OIL SPILL




Aerial Observer

Shoreline Response


Assessment (SCAT)

MEDIA

Logistics

Logistics Head X X X X X

Supply Leader X X X

Transport Leader X X X

Communications Leader

X X X

Subsistence Leader X X X

Facilities Support Leader

X X X

Medical Unit Leader X X X

Finance

Finance Head X X X X X

Accounts Leader X X X

Insurance -Compensation Leader

X X X

Cost Recovery Leader

X X X

Time Unit Leader X X X

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7. Annex 2: Oil Spill Response Resource Capability

7.1 Developing a National Response Capability

In line with the national response strategy as identified in the NOSCP, Lebanon will need to develop its oil spill response capability. Currently, only shoreline equipment is held in country and its distribution is fragmented.

Capability must be developed in three ways:

1. It is a requirement under the OPRC convention, that ports, oil handling facilities, and offshore operators must produce an Oil Spill Contingency Plan and provide their own equipment, commensurate with the risk to be able to respond to Tier 1 spills from their own operations. These resources, held both by the public and private sector, will then combine in the case of a National Tier 3 spill to contribute t.

2. It is imperative that agreements with regional governments and organizations be sought to facilitate the sharing of resources. Under the Barcelona Convention, Emergency Plan, this will be required. It is clearly impossible for one country to hold enough equipment to deal with a large spill of international significance and therefore the only way to facilitate additional equipment will be through international channels. REMPEC is the organization that will facilitate this Mediterranean co-operation

3. Developing a national equipment stockpile that is government owned and kept for responding to all spills, where local resources are not adequate. It does not restrict the deployment of this equipment to only Tier 3 level, but it may be used for any spill. This resource is to allow a Tier 3 response to start as soon as possible whilst international resources are being deployed.

The International Convention of Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC) requires that

‘…each Party, within its capabilities either individually or through bilateral or multilateral co-operation and, as appropriate, in co-operation 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 programs for its use … 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’

As such, Lebanon must work towards fulfilling this and developing a stockpile that is suitable to deliver the national response strategy, but that can be built on using further international resources if necessary. In the international context, this will be defined as a Tier 2 resource, i.e. one that is for national or regional deployment.

Some recommendations are given here about how a national response capability may be put together. It is, however, critical to remember that it is not simply the equipment that is required, but the full supply chain and mobilization network that will be critical to its success. Factors to consider include:

Training: The provision of the necessary skills to personnel to permit safe, competent and effective response delivery.

Personnel: The provision of sufficient, experienced, trained and motivated personnel to deliver the required response output.

Infrastructure: The acquisition, development, management, of all fixed, permanent buildings and structures, land, utilities and facility management services in support of oil spill response capabilities.

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Doctrine: Doctrine or response philosophy is an expression of the principles that guide oil spill response and is a codification of how the activity is conducted.

Organization: Relates to the operational and non-operational organizations relationships. It typically includes internal corporate structures, incident response and reporting structures and liaison with external parties providing support.

Information: The provision of a coherent development of data, information and knowledge requirements for capabilities and all processes designed to gather and handle data, information and knowledge.

Logistics: The planning and conduct of the operational movement of equipment and responders is critical. Equipment must be transported, loaded, lifted, secured and operational effectively and efficiently.

Safety: Relates to the safety arrangements in place within the response organization to ensure a safe and secure working and operating environment.

Of critical importance is the ability to mobilize the equipment in a timely manner. It must either be stored in pre-loaded vehicles, or with facilities for loading and guaranteed availability of appropriate vehicles. Similarly, when reaching the deployment location, there must be the appropriate facilities for unloading and transport to site or vessel. This could include the provision of forklift trucks, cranes, or welding equipment/facilities for securing to deck. When selecting equipment for a national spill response capability, it is critical to consider these factors otherwise the equipment will not be deployable and there will be further delay to the response. Equipment must also be well maintained and in good operational order at all times and ready for deployment, equipment which arrives on site with no fuel, broken hoses, missing parts etc. once again cannot be deployed.

A checklist, as an example of the issues, is give below in Table 7.1.

Table 7.1: Checklist for logistical and other support requirements for equipment mobilization and deployment

TRAINING

Training plans in place

Demonstration of training records

EQUIPMENT

The response equipment is fit for purpose to meet its operational requirements in terms of operating environment, oil type, response strategy and equipment quantity.

Equipment is maintained in good condition under the control of a functioning planned maintenance system.

Maintenance records to be kept

Equipment defects and failures are recorded and monitored

Equipment lifting gear is inspected and coded

Lifting Gear register to be maintained

Equipment hydraulic hoses are subject to a management plan

Response equipment is stored under suitable conditions.

Dispersant stocks are properly stored and are subject to a management plan testing and replaced when no longer effective.

Response equipment is stored in a ‘mobilization ready’ mode.

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PERSONNEL

Guaranteed access to a trained team of responders or contractors to operate and deploy equipment.

A functioning duty roster to ensure 24/7 cover.

Capability to effectively maintain equipment.

Evidence of welfare, health, medical and vaccination programs to meet response needs.

INFRASTRUCTURE

Sufficient operational bases and offices to deliver response.

Sufficient warehousing and equipment storage facilities to deliver its response services

Suitable fire and security arrangements to protect facilities and assets.

Suitable communications capacity to manage mobilization and deployment of equipment.

Suitable lifting and materials handling equipment to deliver response.

Suitable mobilization links (road, sea and air) to deliver a response.

7.2 Delivering the National Response Strategy

The NOSCP identifies the following response strategies that could be used for spills in Lebanese waters:

Aerial surveillance

Dispersants

Containment and recovery

Protection

Shoreline clean up

Consequently, a national response capability must be able to deliver each of these strategies in a timely manner. The plan also outlines guidelines for response times and, as such, equipment must be stored in strategically considered locations, i.e. airports and ports and/or near to major road networks.

Clearly, given the considerable planning effort and financial implications of establishing an in-country resource, this is something which must be carefully planned and which will develop over time as expertise in country increases and financial constraints allow. As described in section 8.1 simply purchasing equipment does not constitute a response capability.

Responsibility for building the capability over time will be with the MOPWT - DGLMT as National Competent Authority and it will be within their remit to carry out activities focused on resource building. The first phase should be comprised of the following activities:

1. Establishing a national equipment inventory: The requirement for ports, oil handling facilities, and offshore installations to have a Tier 1 resource must be establishing and enforced. This will increase the stockpiles of locally available equipment. This equipment should then be registered on a national database. Where these facilities are, government owned, this should be straightforward, however the co-operation of APIC companies will also be necessary. Memorandums of Understanding (MOUs) should be put in place to facilitate the deployment of equipment for national response.

2. Establishing a national equipment stockpile: This will be equipment offering a ‘first line of defense’ before the arrival of additional regional and international resources. Without further analysis, research, and budget, the consultancy is not able to specify exact requirements. What is necessary that

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it delivers the response strategies identified under emergency conditions and an addition is something that can be built on. As a starting point, the following packages and locations is given as an example:

Strategy: Aerial surveillance

Location: Domestic airport or military airbase with access to suitable facilities

Equipment package

Digital camera

GPS tracking

Remote sensing equipment

Quantity: Fixed wing and helicopters as available for aerial surveillance and dispersant application.

Strategy: Dispersant application - aerial

Location: Domestic airport or military airbase with access to suitable facilities

Equipment package

Suitably adapted fixed wing aircraft

Dispersant delivery system

Suitably adapted helicopter

TC3 Helicopter dispersant bucket.

Chemical dispersant, stored in intermediate bulk containers (IBCs)

Quantity: Fixed wing and helicopters as available for aerial surveillance and dispersant application.

Strategy: Dispersant application - vessel

Location: Vessel mounted Beirut, Tripoli, Zahrani or alternative Government oil terminals, if Zahrani and Tripoli already have acceptable packages.

Equipment package

Dispersant pumping system with spray arms or AFEDO nozzles

Five cubic meters Slickgone NS Dispersant approved chemical dispersant, stored in intermediate bulk containers (IBCs)

Quantity: 3 Packages, TOTAL PRICE FOR 3 x PACKAGES = £80K

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Strategy: Open Sea Equipment Recovery packages:

Locations: To be based in Beirut and Trablous, but will also need suitable vessels to be based there with them

Equipment package

1x 400m Offshore Boom on Reels, deployable in 2 x 200 meter sections if required.

2 x Air Fan inflators

2 multi capable skimmers plus hydraulic Power Pack

1 Weir Skimmer with heavy oil accessories – water injection in discharge or oil loader plus hydraulic power pack

1 25 cu meter inflatable storage barge

Quantity: 2 Packages for open sea. Could be split into 2 x 200 metre boom sections for inshore operations or with more recovery vessels.

Total budget price = £600k

Strategy: Shoreline response package –

Locations: To be based in 3 locations north of Beirut, as recommended by the Risk Assessment, close to sensitive areas.

Equipment package:

1 response trailer

1 x 500 m inflatable boom, to include 100 m shore sealing boom

1 x Brush or shallow water weir skimmer and pump unit for heavy oil and 1 disk skimmers for medium and light oils

4 x Fastank 2000, including box/ground sheet/liner

1 x sets Shoreline flushing equipment

1 x packages of Absorbent pads and 600m absorbent boom

1 set Shoreline ancillary equipment, PPE sets for 60 personnel oil resistant coveralls, gloves, boots, vapor masks, goggles.

1 x Inflatable boat with water jet or outboard engine for shoreline protection fitted with center of rotation towing posts deployments

Stored in 10ft ISO container

Quote for 3 shoreline packages,


Strategy: Port response package (Tier 1)

Location: Ports requiring a Tier 1 package, to be determined by qualified OSR surveyors

Tier 1 Equipment package:

200 m fence or inflatable boom

Multi oil Skimmer and hydraulic Pump Unit

Fastank 2000, including box/ground sheet/liner

Absorbent pads 1 bale

200 meters Adsorbent boom

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5 Personal Protective Equipment sets Boots, oil resistant coveralls, gloves, goggles, vapor masks

10 foot ISO container

Quote for 1 port package Total budget price = £65k

Strategy: Offshore installation Tier 1 package (supplied at Tier 1 level, crude oil only)

Location: As required by LPA

Equipment package to be carried on platform standby vessels

200m Offshore Boom on Reel

Air Fan inflator

Light to medium oil type skimmer and power pack

Weir Skimmer with hydraulic power pack and accessories - water injection to discharge and optional oil loading ramp

25cum Inflatable Storage Barge

Boatspray Dispersant Application System (Ayles Fernie Boatspray 100 with AFEDO Nozzles)

5 x 1cu mtrs. Slickgone NS Dispersant

Quote for one standby package for drilling operations. This may be amended if the drilling suggests only gas or condensate. This to be provided by the concession operator. This will not be a Lebanon Cost


Other packages that may be required include:

Communications package

Welfare package

Wildlife response package

Tracking buoys

Utility vehicle packages

These resources would represent a significant financial equipment. It is therefore recommended, and in line with contingency planning principles, that these resources are developed in conjunction with industry. Tier 1 port packages and Tier 1 offshore packages will clearly be provided by the operator, however, in addition, industry could contribute to the national stockpile, possibly though a small levy on all imported oil. It may also be possible to build it as a regional resource with other governments contributing.

3. Establishing access to Tier 3 resources: Key to the provision of a Tier 3 response capability will be the analysis of the response resources available regionally and internationally. This will include an understanding of what is available in other national stockpiles and what equipment is held by industry. The OGP/IPIECA Finding 6: The global distribution and assessment of major oil spill response resources, gives an overview of the distribution of industry, or privately run, response stockpiles, Figure 1 below. If Lebanon was a member of OSRL, it would have access to this network through the Global Response Network (GRN). In addition, by working closely with REMPEC Lebanon will facilitate access to regional government owned equipment and a wealth of technical expertise.

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Figure A1: Global distribution of response stockpiles

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8. Annex 3- 2002 Protocol

2002 PROTOCOL CONCERNING COOPERATION IN PREVENTING POLLUTION FROM SHIPS AND, IN CASES OF EMERGENCY, COMBATING POLLUTION OF THE MEDITERRANEAN SEA

Adopted in Valletta, Malta, on 25 January 2002

[http://195.97.36.231/dbases/webdocs/BCP/ProtocolEmergency02_eng.pdf]

Article 1: DEFINITIONS ................................................................................................................................... 45

Article 2: PROTOCOL AREA ........................................................................................................................... 46

Article 3: GENERAL PROVISIONS .................................................................................................................. 46

Article 4: CONTINGENCY PLANS AND OTHER MEANS OF PREVENTING AND COMBATING

POLLUTION INCIDENTS ................................................................................................................. 46

Article 5: MONITORING .................................................................................................................................. 47

Article 6: COOPERATION IN RECOVERY OPERATIONS ............................................................................. 47

Article 7: DISSEMINATION AND EXCHANGE OF INFORMATION ............................................................. 47

Article 8: COMMUNICATION OF INFORMATION AND REPORTS CONCERNING POLLUTION INCIDENTS 48

Article 9: REPORTING PROCEDURE ............................................................................................................. 48

Article 10: OPERATIONAL MEASURES ......................................................................................................... 49

Article 11: EMERGENCY MEASURES ON BOARD SHIPS, ON OFFSHORE INSTALLATIONS AND IN PORTS 49

Article 12: ASSISTANCE .................................................................................................................................. 50

Article 13: REIMBURSEMENT OF COSTS OF ASSISTANCE ........................................................................ 50

Article 14: PORT RECEPTION FACILITIES ................................................................................................... 51

Article 15: ENVIRONMENTAL RISKS OF MARITIME TRAFFIC ................................................................. 51

Article 16: RECEPTION OF SHIPS IN DISTRESS IN PORTS AND PLACES OF REFUGE ........................... 51

Article 17: SUBREGIONAL AGREEMENTS .................................................................................................... 51

Article 18: MEETINGS ..................................................................................................................................... 51

Article 19: RELATIONSHIP WITH THE CONVENTION ............................................................................... 52

FINAL PROVISIONS .......................................................................................................................................... 52

Article 20: EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION ................................................... 52

Article 21: RELATIONS WITH THIRD PARTIES .......................................................................................... 52

Article 22: SIGNATURE ................................................................................................................................... 52

Article 23: RATIFICATION, ACCEPTANCE OR APPROVAL ........................................................................ 52

Article 24: ACCESSION .................................................................................................................................... 52

Article 25: ENTRY INTO FORCE ..................................................................................................................... 52

http://195.97.36.231/dbases/webdocs/BCP/ProtocolEmergency02_eng.pdf

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The Contracting Parties to the present Protocol,

Being Parties to the Convention for the Protection of the Mediterranean Sea against Pollution, adopted at Barcelona on 16 February 1976 and amended on 10 June 1995,

Desirous of implementing Articles 6 and 9 of the said Convention,

Recognizing that grave pollution of the sea by oil and hazardous and noxious substances or a threat thereof in the Mediterranean Sea Area involves a danger for the coastal States and the marine environment,

Considering that the cooperation of all the coastal States of the Mediterranean Sea is called for to prevent pollution from ships and to respond to pollution incidents, irrespective of their origin,

Acknowledging the role of the International Maritime Organization and the importance of cooperating within the framework of this Organization, in particular in promoting the adoption and the development of international rules and standards to prevent, reduce and control pollution of the marine environment from ships,

Emphasizing the efforts made by the Mediterranean coastal States for the implementation of these international rules and standards,

Acknowledging also the contribution of the European Community to the implementation of international standards as regards maritime safety and the prevention of pollution from ships,

Recognizing also the importance of cooperation in the Mediterranean Sea Area in promoting the effective implementation of international regulations to prevent, reduce and control pollution of the marine environment from ships,

Recognizing further the importance of prompt and effective action at the national, sub regional and regional levels in taking emergency measures to deal with pollution of the marine environment or a threat thereof,

Applying the precautionary principle, the polluter pays principle and the method of environmental impact assessment, and utilizing the best available techniques and the best environmental practices, as provided for in Article 4 of the Convention,

Bearing in mind the relevant provisions of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, which is in force and to which many Mediterranean coastal States and the European Community are Parties,

Taking into account the international conventions dealing in particular with maritime safety, the prevention of pollution from ships, preparedness for and response to pollution incidents, and liability and compensation for pollution damage,

Wishing to further develop mutual assistance and cooperation in preventing and combating pollution,

Have agreed as follows:

Article 1: DEFINITIONS

For the purpose of this Protocol:

(a) “Convention” means the Convention for the Protection of the Mediterranean Sea against Pollution, adopted at Barcelona on 16 February 1976 and amended on 10 June 1995;

(b) “Pollution incident” means an occurrence or series of occurrences having the same origin, which results or may result in a discharge of oil and/or 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 other immediate response;

(c) “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

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amenities or to interfere with other legitimate uses of the sea;

(d) “Related interests” means the interests of a coastal State directly affected or threatened and concerning, among others:

(i) maritime activities in coastal areas, in ports or estuaries, including fishing activities;

(ii) the historical and tourist appeal of the area in question, including water sports and recreation;

(iii) the health of the coastal population;

(iv) the cultural, aesthetic, scientific and educational value of the area;

(v) the conservation of biological diversity and the sustainable use of marine and coastal biological resources;

(e) “International regulations” means regulations aimed at preventing, reducing and controlling pollution of the marine environment from ships as adopted, at the global level and in conformity with international law, under the aegis of United Nations specialized agencies, and in particular of the International Maritime Organization;

(f) “Regional Centre” means the “Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC), established by Resolution 7 adopted by the Conference of Plenipotentiaries of the Coastal States of the Mediterranean Region on the Protection of the Mediterranean Sea at Barcelona on 9 February 1976, which is administered by the International Maritime Organization and the United Nations Environment Programme, and the objectives and functions of which are defined by the Contracting Parties to the Convention.

Article 2: PROTOCOL AREA

The area to which the Protocol applies shall be the Mediterranean Sea Area as defined in Article 1 of the Convention.

Article 3: GENERAL PROVISIONS

1. The Parties shall cooperate:

(a) to implement international regulations to prevent, reduce and control pollution of the marine environment from ships; and

(b) to take all necessary measures in cases of pollution incidents.

2. In cooperating, the Parties should take into account as appropriate the participation of local authorities, non-governmental organizations and socio-economic actors.

3. Each Party shall apply this Protocol without prejudice to the sovereignty or the jurisdiction of other Parties or other States. Any measures taken by a Party to apply this Protocol shall be in accordance with international law.

Article 4: CONTINGENCY PLANS AND OTHER MEANS OF PREVENTING AND COMBATING POLLUTION INCIDENTS

1. The Parties shall endeavour to maintain and promote, either individually or through bilateral or multilateral cooperation, contingency plans and other means of preventing and combating pollution incidents. These means shall include, in particular, equipment, ships, aircraft and personnel prepared for operations in cases of emergency, the enactment, as appropriate, of relevant legislation, the development or strengthening of the capability to respond to a pollution incident and the designation of a national authority or authorities responsible for the implementation of this Protocol.

2. The Parties shall also take measures in conformity with international law to prevent the pollution of the Mediterranean Sea Area from ships in order to ensure the effective implementation in that Area of the relevant international conventions in their capacity as flag State, port State and coastal State, and their applicable legislation. They shall develop their national capacity as regards the implementation of those international conventions and may cooperate for their effective implementation through bilateral or multilateral agreements.

3. The Parties shall inform the Regional Centre every two years of the measures taken for the implementation of this Article. The Regional Centre shall present a report to the Parties on the basis of the information received.

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Article 5: MONITORING

The Parties shall develop and apply, either individually or through bilateral or multilateral cooperation, monitoring activities covering the Mediterranean Sea Area in order to prevent, detect and combat pollution, and to ensure compliance with the applicable international regulations.

Article 6: COOPERATION IN RECOVERY OPERATIONS

In case of release or loss overboard of hazardous and noxious substances in packaged form, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges, the Parties shall cooperate as far as practicable in the salvage of these packages and the recovery of such substances so as to prevent or reduce the danger to the marine and coastal environment.

Article 7: DISSEMINATION AND EXCHANGE OF INFORMATION

1. Each Party undertakes to disseminate to the other Parties information concerning:

(a) the competent national organization or authorities responsible for combating pollution of the sea by oil and hazardous and noxious substances;

(b) the competent national authorities responsible for receiving reports of pollution of the sea by oil and hazardous and noxious substances and for dealing with matters concerning measures of assistance between Parties;

(c) the national authorities entitled to act on behalf of the State in regard to measures of mutual assistance and cooperation between Parties;

(d) the national organization or authorities responsible for the implementation of paragraph 2 of Article 4, in particular those responsible for the implementation of the international conventions concerned and other relevant applicable regulations, those responsible for port reception facilities and those responsible for the monitoring of discharges which are illegal under MARPOL 73/78;

(e) its regulations and other matters which have a direct bearing on preparedness for and response to pollution of the sea by oil and hazardous and noxious substances;

(f) new ways in which pollution of the sea by oil and hazardous and noxious substances may be avoided, new measures for combating pollution, new developments in the technology of conducting monitoring and the development of research programmes.

2. The Parties which have agreed to exchange information directly shall communicate such information to the Regional Centre. The latter shall communicate this information to the other Parties and, on a basis of reciprocity, to coastal States of the Mediterranean Sea Area which are not Parties to this Protocol.

3. Parties concluding bilateral or multilateral agreements within the framework of this Protocol shall inform the Regional Centre of such agreements, which shall communicate them to the other Parties.

Article 8: COMMUNICATION OF INFORMATION AND REPORTS CONCERNING POLLUTION INCIDENTS

The Parties undertake to coordinate the utilization of the means of communication at their disposal in order to ensure, with the necessary speed and reliability, the reception, transmission and dissemination of all reports and urgent information concerning pollution incidents. The Regional Centre shall have the necessary means of communication to enable it to participate in this coordinated effort and, in particular, to fulfil the functions assigned to it by paragraph 2 of Article 12.

Article 9: REPORTING PROCEDURE

1. Each Party shall issue instructions to masters or other persons having charge of ships flying its flag and to the pilots of aircraft registered in its territory to report by the most rapid and adequate channels in the circumstances, following reporting procedures to the extent required by, and in accordance with, the applicable provisions of the relevant international agreements, to the nearest coastal State and to this Party:

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(a) all incidents which result or may result in a discharge of oil or hazardous and noxious substances;

(b) the presence, characteristics and extent of spillages of oil or hazardous and noxious substances, including hazardous and noxious substances in packaged form, observed at sea which pose or are likely to pose a threat to the marine environment or to the coast or related interests of one or more of the Parties.

2. Without prejudice to the provisions of Article 20 of the Protocol, each Party shall take appropriate measures with a view to ensuring that the master of every ship sailing in its territorial waters complies with the obligations under (a) and (b) of paragraph 1 and may request assistance from the Regional Centre in this respect. It shall inform the International Maritime Organization of the measures taken.

3. Each Party shall also issue instructions to persons having charge of sea ports or handling facilities under its jurisdiction to report to it, in accordance with applicable laws, all incidents which result or may result in a discharge of oil or hazardous and noxious substances.

4. In accordance with the relevant provisions of the Protocol for the Protection of the Mediterranean Sea against Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil, each Party shall issue instructions to persons having charge of offshore units under its jurisdiction to report to it by the most rapid and adequate channels in the circumstances, following reporting procedures it has prescribed, all incidents which result or may result in a discharge of oil or hazardous and noxious substances.

5. In paragraphs 1, 3 and 4 of this Article, the term “incident” means an incident meeting the conditions described therein, whether or not it is a pollution incident.

6. The information collected in accordance with paragraphs 1, 3 and 4 shall be communicated to the Regional Centre in the case of a pollution incident.

7. The information collected in accordance with paragraphs 1, 3 and 4 shall be immediately communicated to the other Parties likely to be affected by a pollution incident:

(a) by the Party which has received the information, preferably directly or through the Regional Centre; or (b) by the Regional Centre.

In case of direct communication between Parties, these shall inform the Regional Centre of the measures taken, and the Centre shall communicate them to the other Parties.

8. The Parties shall use a mutually agreed standard form proposed by the Regional Centre for the reporting of pollution incidents as required under paragraphs 6 and 7 of this Article.

9. In consequence of the application of the provisions of paragraph 7, the Parties are not bound by the obligation laid down in Article 9, paragraph 2, of the Convention.

Article 10: OPERATIONAL MEASURES

1. Any Party faced with a pollution incident shall:

(a) make the necessary assessments of the nature, extent and possible consequences of the pollution incident or, as the case may be, the type and approximate quantity of oil or hazardous and noxious substances and the direction and speed of drift of the spillage;

(b) take every practicable measure to prevent, reduce and, to the fullest possible extent, eliminate the effects of the pollution incident;

(c) immediately inform all Parties likely to be affected by the pollution incident of these assessments and of any action which it has taken or intends to take, and simultaneously provide the same information to the Regional Centre, which shall communicate it to all other Parties;

(d) continue to observe the situation for as long as possible and report thereon in accordance with Article 9.

2. Where action is taken to combat pollution originating from a ship, all possible measures shall be taken to safeguard:

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(a) human lives;

(b) the ship itself; in doing so, damage to the environment in general shall be prevented or minimized. Any Party which takes such action shall inform the International Maritime Organization either directly or through the Regional Centre.

Article 11: EMERGENCY MEASURES ON BOARD SHIPS, ON OFFSHORE INSTALLATIONS AND IN PORTS

1. Each Party shall take the necessary steps to ensure that ships flying its flag have on board a pollution emergency plan as required by, and in accordance with, the relevant international regulations.

2. Each Party shall require masters of ships flying its flag, in case of a pollution incident, to follow the procedures described in the shipboard emergency plan and in particular to provide the proper authorities, at their request, with such detailed information about the ship and its cargo as is relevant to actions taken in pursuance of Article 9, and to cooperate with these authorities.

3. Without prejudice to the provisions of Article 20 of the Protocol, each Party shall take appropriate measures with a view to ensuring that the master of every ship sailing in its territorial waters complies with the obligation under paragraph 2 and may request assistance from the Regional Centre in this respect. It shall inform the International Maritime Organization of the measures taken.

4. Each Party shall require that authorities or operators in charge of sea ports and handling facilities under its jurisdiction as it deems appropriate have pollution emergency plans or similar arrangements that are coordinated with the national system established in accordance with Article 4 and approved in accordance with procedures established by the competent national authority.

5. Each Party shall require operators in charge of offshore installations under its jurisdiction to have a contingency plan to combat any pollution incident, which is coordinated with the national system established in accordance with Article 4 and in accordance with the procedures established by the competent national authority.

Article 12: ASSISTANCE

1. Any Party requiring assistance to deal with a pollution incident may call for assistance from other Parties, either directly or through the Regional Centre, starting with the Parties which appear likely to be affected by the pollution. This assistance may comprise, in particular, expert advice and the supply to or placing at the disposal of the Party concerned of the required specialized personnel, products, equipment and nautical facilities. Parties so requested shall use their best endeavours to render this assistance.

2. Where the Parties engaged in an operation to combat pollution cannot agree on the organization of the operation, the Regional Centre may, with the approval of all the Parties involved, coordinate the activity of the facilities put into operation by these Parties.

3. In accordance with applicable international agreements, each Party shall take the necessary legal and 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 the personnel, cargoes, materials and equipment referred to in subparagraph (a).

Article 13: REIMBURSEMENT OF COSTS OF ASSISTANCE

1. 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 action in dealing with pollution in accordance with paragraph 2.

2. (a) If the action was taken by one Party at the express request of another Party, the requesting Party shall reimburse to the assisting Party the costs of its action. If the request is cancelled, the requesting Party shall bear the costs already

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incurred or committed by the assisting Party;

(b) if the action was taken by a Party on its own initiative, that Party shall bear the cost of its action;

(c) the principles laid down in subparagraphs (a) and (b) above shall apply unless the Parties concerned otherwise agree in any individual case.

3. Unless otherwise agreed, the costs of the action taken by a Party at the request of another Party shall be fairly calculated according to the law and current practice of the assisting Party concerning the reimbursement of such costs.

4. The Party requesting assistance and the assisting Party shall, where appropriate, cooperate in concluding any action in response to a compensation claim. To that end, they shall give due consideration to existing legal regimes. Where the action thus concluded does not permit full compensation for expenses incurred in the assistance operation, the Party requesting assistance may ask the assisting Party to waive reimbursement of the expenses exceeding the sums compensated or to reduce the costs which have been calculated in accordance with paragraph 3. It may also request a postponement of the reimbursement of such costs. In considering such a request, assisting Parties shall give due consideration to the needs of developing countries.

5. The provisions of this Article shall not be interpreted as in any way prejudicing the rights of Parties to recover from third parties the costs of actions taken to deal with pollution incidents under other applicable provisions and rules of national and international law applicable to one or to the other Party involved in the assistance.

Article 14: PORT RECEPTION FACILITIES

1. The Parties shall individually, bilaterally or multilaterally take all necessary steps to ensure that reception facilities meeting the needs of ships are available in their ports and terminals. They shall ensure that these facilities are used efficiently without causing undue delay to ships. The Parties are invited to explore ways and means to charge reasonable costs for the use of these facilities.

2. The Parties shall also ensure the provision of adequate reception facilities for pleasure craft.

3. The Parties shall take all the necessary steps to ensure that reception facilities operate efficiently to limit any impact of their discharges to the marine environment.

4. The Parties shall take the necessary steps to provide ships using their ports with updated information relevant to the obligations arising from MARPOL 73/78 and from their legislation applicable in this field.

Article 15: ENVIRONMENTAL RISKS OF MARITIME TRAFFIC

In conformity with generally accepted international rules and standards and the global mandate of the International Maritime Organization, the Parties shall individually, bilaterally or multilaterally take the necessary steps to assess the environmental risks of the recognized routes used in maritime traffic and shall take the appropriate measures aimed at reducing the risks of accidents or the environmental consequences thereof.

Article 16: RECEPTION OF SHIPS IN DISTRESS IN PORTS AND PLACES OF REFUGE

The Parties shall define national, subregional or regional strategies concerning reception in places of refuge, including ports, of ships in distress presenting a threat to the marine environment. They shall cooperate to this end and inform the Regional Centre of the measures they have adopted.

Article 17: SUBREGIONAL AGREEMENTS

The Parties may negotiate, develop and maintain appropriate bilateral or multilateral sub regional agreements in order to facilitate the implementation of this Protocol, or part of it. Upon request of the interested Parties, the Regional Centre shall assist them, within the framework of its functions, in the process of developing and implementing these sub regional agreements.

Article 18: MEETINGS

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1. Ordinary meetings of the Parties to this Protocol shall be held in conjunction with ordinary meetings of the Contracting Parties to the Convention, held pursuant to Article 18 of the Convention. The Parties to this Protocol may also hold extraordinary meetings as provided in Article 18 of the Convention.

2. It shall be the function of the meetings of the Parties to this Protocol, in particular:

(a) to examine and discuss reports from the Regional Centre on the implementation of this Protocol, and particularly of its Articles 4, 7 and 16;

(b) to formulate and adopt strategies, action plans and programmes for the implementation of this Protocol;

(c) to keep under review and consider the efficacy of these strategies, action plans and programmes, and the need to adopt any new strategies, action plans and programmes and to develop measures to that effect;

(d) to discharge such other functions as may be appropriate for the implementation of this Protocol.

Article 19: RELATIONSHIP WITH THE CONVENTION

1. The provisions of the Convention relating to any protocol shall apply with respect to the present Protocol.

2. The rules of procedure and the financial rules adopted pursuant to Article 24 of the Convention shall apply with respect to this Protocol, unless the Parties agree otherwise.

FINAL PROVISIONS

Article 20: EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION

In implementing the provisions of this Protocol, the right of Parties to adopt relevant stricter domestic measures or other measures in conformity with international law, in the matters covered by this Protocol, shall not be affected.

Article 21: RELATIONS WITH THIRD PARTIES

The Parties shall, where appropriate, invite States that are not Parties to the Protocol and international organizations to cooperate in the implementation of the Protocol.

Article 22: SIGNATURE

This Protocol shall be open for signature at Valletta, Malta, on 25 January 2002 and in Madrid from 26 January 2002 to 25 January 2003 by any Contracting Party to the Convention.

Article 23: RATIFICATION, ACCEPTANCE OR APPROVAL

This Protocol shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of Spain, which will assume the functions of Depositary.

Article 24: ACCESSION

As from 26 January 2003, this Protocol shall be open for accession by any Party to the Convention.

Article 25: ENTRY INTO FORCE

1. This Protocol shall enter into force on the thirtieth day following the deposit of the sixth instrument of ratification, acceptance, approval or accession.

2. From the date of its entry into force, this Protocol shall replace the Protocol concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and other Harmful Substances in Cases of Emergency of 1976 in the relations between the Parties to both instruments.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto,, have signed this Protocol. DONE at Valletta, Malta, on 25 January 2002, in a single copy in the Arabic, English, French and Spanish languages, the four texts being equally authentic.

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9. Annex 4. THE INTERNATIONAL REGIME FOR COMPENSATION FOR OIL POLLUTION DAMAGE

Explanatory note November 2016

Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (IMO). The framework for the regime was originally the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil Liability Convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This ‘old’ regime was amended in 1992 by two Protocols, and the amended Conventions are known as the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1992 Conventions entered into force on 30 May 1996.

The 1971 Fund Convention ceased to be in force on 24 May 2002 and the International Oil Pollution Compensation Fund 1971 (1971 Fund) ceased to exist with effect from 31 December 2014. A large number of States have also denounced the 1969 Civil Liability Convention. Therefore this note deals with the ‘new regime’, i.e. the 1992 Civil Liability Convention and the 1992 Fund Convention.

The 1992 Civil Liability Convention governs the liability of shipowner for oil pollution damage. The Convention lays down the principle of strict liability for shipowner and creates a system of compulsory liability insurance. The shipowner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship.

The 1992 Fund Convention, which is supplementary to the 1992 Civil Liability Convention, establishes a regime for compensating victims when the compensation under the applicable Civil Liability Convention is inadequate. The International Oil Pollution Compensation Fund 1992, generally referred to as the IOPC Fund 1992 or the 1992 Fund was set up under the 1992 Fund Convention. The 1992 Fund is a worldwide intergovernmental organisation established for the purpose of administering the regime of compensation created by the 1992 Fund Convention. By becoming Party to the 1992 Fund Convention, a State becomes a Member of the 1992 Fund. The Organisation has its headquarters in London.

As at 2 November 2016, 135 States had ratified or acceded to the 1992 Civil Liability Convention, and 114 States had ratified or acceded to the 1992 Fund Convention. The States Parties are listed in the Annex.

INTRODUCTION

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Scope of application

The 1992 Civil Liability Convention applies to oil pollution damage resulting from spills of persistent oil from

10. Tankers

The 1992 Civil Liability Convention covers pollution damage suffered in the territory, territorial sea or exclusive economic zone (EEZ) or equivalent area of a State Party to the Convention. The flag State of the tanker and the nationality of the shipowner are irrelevant for determining the scope of application.

‘Pollution damage’ is defined as loss or damage caused by contamination. In the case of environmental damage (other than loss of profit from impairment of the environment) compensation is restricted to costs actually incurred or to be incurred for reasonable measures to reinstate the contaminated environment.

The notion of pollution damage includes measures, wherever taken, to prevent or minimise pollution damage in the territory, territorial sea or EEZ or equivalent area of a State Party to the Convention (‘preventive measures’). Expenses incurred for preventive measures are recoverable even when no spill of oil occurs, provided that there was a grave and imminent threat of pollution damage.

The 1992 Civil Liability Convention covers spills of cargo and/or bunker oil from laden, and in some cases unladen sea-going vessels constructed or adapted to carry oil in bulk as cargo (but not to dry cargo ships).

Damage caused by non-persistent oil, such as gasoline, light diesel oil, kerosene etc., is not covered by the 1992 Civil Liability Convention.

Strict liability

The owner of a tanker has strict liability (i.e. he is liable also in the absence of fault) for pollution damage caused by oil spilled from his tanker as a result of an incident. He is exempt from liability under the 1992 Civil Liability Convention only if he proves that:

(a) the damage resulted from an act of war or a grave natural disaster, or

(b) the damage was wholly caused by sabotage by a third party, or

(c) the damage was wholly caused by the negligence of public authorities in maintaining lights or other navigational aids.

Limitation of liability

The shipowner is normally entitled to limit his liability under the 1992 Civil Liability Convention. The limits were increased by some 50.37% on 1 November 2003 as follows. The increased limits apply to incidents occurring on or after that date:

(a) for a ship not exceeding 5 000 units of gross tonnage, 4 510 000 Special Drawing Rights (SDR) (US$6.21 million);

(b) for a ship with a tonnage between 5 000 and 140 000 units of tonnage, 4 510 000 SDR (US$6.21 million) plus 631 SDR (US$869) for each additional unit of tonnage; and

(c) for a ship of 140 000 units of tonnage or over, 89 770 000 SDR (US$123.7 million)<1>.

<1> The unit of account in the 1992 Conventions is the Special Drawing Right (SDR) as defined by the International Monetary Fund. In this document, the SDR has been converted into US dollars at the rate of exchange applicable on 2 November 2016 i.e. 1 SDR = US$1.3977704.

1992 CIVIL LIABILITY CONVENTION

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If it is proved that the pollution damage resulted from the shipowner’s personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result, the shipowner is deprived of the right to limit his liability.

Channelling of liability

Claims for pollution damage under the 1992 Civil Liability Convention can be made only against the registered owner of the tanker concerned. This does not preclude victims from claiming compensation outside this Convention from persons other than the owner. However, the Convention prohibits claims against the servants or agents of the owner, members of the crew, the pilot, the charterer (including bareboat charterer), manager or operator of the ship, or any person carrying out salvage operations or preventive measures. The owner is entitled to take recourse action against third parties in accordance with national law.

Compulsory insurance

The owner of a tanker carrying more than 2 000 tonnes of persistent oil as cargo is obliged to maintain insurance to cover his liability under the 1992 Civil Liability Convention. Tankers must carry a certificate on board attesting the insurance coverage. When entering or leaving a port or terminal installation of a State Party to the 1992 Civil Liability Convention, such a certificate is required also for ships flying the flag of a State which is not Party to the 1992 Civil Liability Convention.

Claims for pollution damage under the 1992 Civil Liability Convention may be brought directly against the insurer or other person providing financial security for the owner’s liability for pollution damage.

Competence of courts

Actions for compensation under the 1992 Civil Liability Convention against the shipowner or his insurer may only be brought before the Courts of the State Party to that Convention in whose territory, territorial sea or EEZ or equivalent area the damage occurred.

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11. Supplementary compensation

The 1992 Fund pays compensation to those suffering oil pollution damage in a State Party to the 1992 Fund Convention who do not obtain full compensation under the 1992 Civil Liability Convention for one of the following reasons:

(a) the shipowner is exempt from liability under the 1992 Civil Liability Convention because he can invoke one of the exemptions under that Convention; or

(b) the shipowner is financially incapable of meeting his obligations under the 1992 Civil Liability Convention in full and his insurance is insufficient to satisfy the claims for compensation for pollution damage; or

(c) the damage exceeds the ship owner’s liability under the 1992 Civil Liability Convention.

In order to become Parties to the 1992 Fund Convention, States must also become Parties to the 1992 Civil Liability Convention.

The 1992 Fund does not pay compensation if:

(a) the damage occurred in a State which was not a Member of the 1992 Fund; or

(b) the pollution damage resulted from an act of war or was caused by a spill from a warship; or

(c) the claimant cannot prove that the damage resulted from an incident involving one or more ships as defined (i.e. a sea-going vessel or seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo).

Limit of compensation

The maximum amount payable by the 1992 Fund in respect of an incident occurring before 1 November 2003 was 135 million SDR (US$186 million), including the sum actually paid by the shipowner (or his insurer) under the 1992 Civil Liability Convention. The limit was increased by some 50.37% to 203 million SDR (US$279.7 million) on 1 November 2003. The increased limit applies only to incidents occurring on or after this date.

Competence of courts

Actions for compensation under the 1992 Fund Convention against the 1992 Fund may only be brought before the Courts of the State Party to that Convention in whose territory, territorial sea or EEZ or equivalent area the damage occurred.

Experience in past incidents has shown that most claims are settled out of court.

Organisation of the 1992 Fund

The 1992 Fund has an Assembly, which is composed of representatives of all Member States. The Assembly is the supreme organ governing the 1992 Fund, and it holds regular sessions once a year. The Assembly elects an Executive Committee comprising 15 Member States. The main function of this Committee is to approve settlements of claims.

1992 FUND CONVENTION

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The 1992 Fund shares a Secretariat with the Supplementary Fund. The joint Secretariat is headed by a Director, and has at present 26 staff members.

Financing of the 1992 Fund

The 1992 Fund is financed by contributions levied on any person who has received in one calendar year more than 150 000 tonnes of crude oil and heavy fuel oil (contributing oil) in a State Party to the 1992 Fund Convention.

Basis of Contributions

The levy of contributions is based on reports of oil receipts in respect of individual contributors. Member States are required to communicate every year to the 1992 Fund the name and address of any person in that State who is liable to contribute, as well as the quantity of contributing oil received by any such person. This applies whether the receiver of oil is a Government authority, a State-owned company or a private company. Except in the case of associated persons (subsidiaries and commonly controlled entities), only persons having received more than 150 000 tonnes of contributing oil in the relevant year should be reported.

Oil is counted for contribution purposes each time it is received at a port or terminal installation in a Member State after carriage by sea. The term received refers to receipt into tankage or storage immediately after carriage by sea. The place of loading is irrelevant in this context; the oil may be imported from abroad, carried from another port in the same State or transported by ship from an off-shore production rig. Also oil received for transhipment to another port or received for further transport by pipeline is considered received for contribution purposes.

Payment of Contributions

Annual contributions are levied by the 1992 Fund to meet the anticipated payments of compensation and administrative expenses during the coming year. The amount levied is decided each year by the Assembly. The 1992 Fund has a General Fund which covers expenses for administration. The General Fund also covers compensation payments and claims-related expenditure, to the extent that the aggregate amount payable by the Fund does not exceed a given amount per incident (4 million SDR). If an incident gives rise to substantial payments of compensation and claims-related expenditure by the 1992 Fund, a Major Claims Fund is established to cover payments in excess of the amount payable from the General Fund for that incident.

The Director issues an invoice to each contributor, following the decision taken by the Assembly to levy annual contributions. Each contributor pays a specified amount per tonne of contributing oil received. A system of deferred invoicing exists whereby the Assembly fixes the total amount to be levied in contributions for a given calendar year, but decides that only a specific lower total amount should be invoiced for payment by 1 March in the following year, the remaining amount, or a part thereof, to be invoiced later in the year if it should prove to be necessary.

The contributions are payable by the individual contributors directly to the 1992 Fund. A State is not responsible for the payment of contributions levied on contributors in that State, unless it has voluntarily accepted such responsibility.

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