1 If a State needs assistance in the event of
either an oil pollution incident or a pollution incident by hazardous
and noxious substances (“pollution incident”), it may
ask for assistance from other States, indicating the scope and type
of assistance required. A State to which a request for assistance
is directed should promptly decide and inform the requesting State
whether it is in a position to render the assistance required and
indicate the scope and terms of the assistance that might be rendered.
2 The States concerned should co-operate to facilitate
the prompt provision of assistance agreed to under paragraph 1 of
these Guidelines, including, where appropriate, action to minimize
the human health, safety and environmental consequences of a pollution
incident, and to provide general assistance. Where States do not have
bilateral or multilateral agreements which cover their arrangements
for providing mutual assistance, the assistance should be rendered
in accordance with the following provisions, unless the States agree
otherwise.
3 The requesting State is responsible for overall
supervision, control and co-ordination of the response to the pollution
incident and of the assistance supplied. Personnel sent by the assisting
State are normally in charge of the immediate operational supervision
of its personnel and equipment. The personnel involved in the assisting
operation should act in accordance with the relevant laws of the requesting
State, which should endeavour to inform the assisting State of the
relevant laws. The appropriate authorities of the requesting State
shall co-operate with the authority designated by the assisting State.
4 The requesting State should, to the extent of
its capabilities, provide local facilities and services for the proper
and effective administration of the assistance, including decontamination
activities, and should ensure the protection and return of personnel,
equipment and materials brought into its territory by, or on behalf
of, the assisting State for such a purpose.
5 The requesting State should use its best efforts
to afford the assisting State and persons acting on its behalf the
privileges, immunities or facilities necessary for the expeditious
performance of their assistance function. The requesting State should
not be required to apply this provision to its own nationals or permanent
residents or to afford them the privileges and immunities referred
to above.
6 A State should, at the request of the requesting
or assisting State, endeavour to facilitate the transit through its
territory of duly notified personnel, equipment and property involved
in the assistance, to and from the requesting State.
7 The requesting State should facilitate the entry
into, stay in and departure from its national territory of duly notified
personnel and of equipment and property involved in the assistance.
8 With regard to actions resulting directly from
the assistance provided, the requesting State should reimburse the
assisting State for any loss of or damage to equipment or other property
belonging to the assisting State. The requesting State should also
reimburse the assisting State for expenses involved in such assistance,
arising from the death of or injury to persons or the loss of or damage
to property, incurred by personnel acting on behalf of the assisting
State. This would not prevent the requesting State from seeking reimbursement
as part of its claim under the appropriate compensation convention.
9 The States concerned should co-operate closely
in order to facilitate the settlement of legal proceedings and claims
which could result from assistance operations.
10 The affected or requesting State may at any
time, after appropriate consultations and by notification, request
the termination of assistance received or provided under the Guidelines.
Once such a request has been made, the States concerned should consult
one another with a view to making arrangements for the proper termination
of the assistance.
11 As the assistance should not be delayed for
administrative or other reasons, the necessary legislation should
be adopted during the preparedness phase, i.e. before the incident
which would require assistance. This is particularly relevant to paragraphs
4 to 8 above.
12 Similar facilitation should be implemented
by States concerned when personnel or equipment are provided on behalf
of a shipowner, a cargo owner or other relevant entities.
13 In some pollution incidents, a shipowner, cargo
owner or other private entity may be best placed to call upon dedicated
equipment, materials and trained operators to assist with the clean-up
response. In order to benefit from the availability of such resources
and to ensure their rapid deployment, the State requesting or being
offered assistance should facilitate the entry, clearance and subsequent
return of the persons, materials and equipment provided. Public authorities
should, in so far as it is possible, waive customs and excise duties
and other taxes on any equipment and materials provided on a temporary
basis for the purpose of assisting in the response to a pollution
incident.