Regulatory Aspect

Legal Framework

The Regional Marine Pollution Emergency, Information and Training Center for the Wider Caribbean (RAC/REMPEITC-Carib) is a Regional Activity Center based in Curacao, Netherlands Antilles. The center is designed to help countries in the Wider Caribbean Region and Latin America prevent and respond to major pollution incidents in the marine environment.

In the early nineties, the Regional Island States and Territories requested that the International Maritime Organisation (IMO) support and establish a regional center to enhance and promote direct regional cooperation in reference to the OPRC 90 convention. In March 1994, in Curacao, the members of the IMO/IPIECA Conference confirmed their interest in the creation of the Regional Marine Pollution Emergency, Information and Training Center for the Wider Caribbean (REMPEITC-Carib).

In December 1994, the Center was established on a provisional basis by a decision of the Seventh Intergovernmental Meeting of the Action Plan and the Fourth Meeting of the Cartagena Conventions and Protocols. The Center was opened on June 15th, 1995 within the Framework of the Caribbean Environment Program (CEP), under the management of the International Maritime Organization (IMO), the Government of the Netherlands Antilles and the United Nations Environment Program (UNEP), and with the support of the Governments of the Netherlands Antilles, the Netherlands and the United States of America.

RAC/REMPEITC-Carib's legal framework stems from international and regional instruments as follows:

Cartagena Convention: Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region:

The Cartagena Convention was adopted on 24 March 1983 and entered into force on 11 October 1986 as the legal instrument for the implementation of the Caribbean Action Program. The Convention is the only legally binding Environment treaty for the Wider Caribbean Region. The Convention and its three Protocols constitute a legal commitment by the participating governments to protect, develop and manage their common waters individually or jointly. The Convention is a framework agreement setting out the political and legal foundations for actions to be developed. These actions are directed by a series of operational Protocols designed to address special issues and to initiate concrete actions. The three protocols supporting the Convention are the Oil Spill Protocol, the Specially Protected Areas and Wildlife Protocol (SPAW), and the Land Based Spills Protocol (LBS). RAC/REMPEITC-Carib is the Regional Activity Center established under the Oil Spill Protocol.

Protocol Concerning Cooperation in Combating Oil Spill in the Wider Caribbean Region:

The Oil Spill Protocol was adopted and entered into force concurrently (24 March 1983) with the Cartagena Convention. The Protocol establishes a mechanism to respond to discharges or threats of discharges that could endanger the marine environment and coastal interests of the countries. The Contracting Parties to the Convention extended the Oil Spill Protocol to include hazardous or toxic substances by means of an Annex.

The Ninth Intergovernmental Meeting on the Action Plan for the Caribbean Environment Program and Sixth Meeting of the Contracting Parties to the Cartagena Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region,
This meeting was held in Kingston, Jamaica on 14-18 February 2000. At this IGM meeting, the Contracting Parties to the Convention adopted Decision 28.b. to formally establish the Center. The Institutional Arrangements, Terms of Reference and Functions, and Terms of Reference for the Steering Committee were also accepted during this meeting. As a result, the establishment of RAC/REMPEITC-Carib commenced upon the expiration of the existing trilateral MOU (June 2001) between the Netherlands, Netherlands Antilles, and United States.

IMO/IPIECA Global Initiative Regional Workshop on Oil Spill Preparedness, Response & Cooperation for the Wider Caribbean

This meeting was held in Curacao on 23-26 May 2000, and was coordinated between IMO, IPIECA, and RAC/REMPEITC-Carib. The meeting reinforced the recommendation of the IX IGM that the Government of the Netherlands Antilles, UNEP-CAR/RCU, and IMO enter into an agreement to manage, supervise, and transform REMPEITC-Carib into a Regional Activity Center under the Cartagena Convention Oil Spill Protocol. This workshop, which was part of the IMO/IPIECA ‘Global Initiative’, intended to build upon the decisions of the Contracting Parties to the Cartagena Convention and its Oil Spill Protocol and get involvement from government and industry in developing a regional system for preparedness and response to oil spills and in supporting the Regional Activity Center, REMPEITC-Carib, as a tool to developing such a system.

Memorandum of Understanding Regarding the Establishment on the Island of Curacao, in the Netherlands Antilles of a Regional Activity Center for Marine Pollution Emergency Information and Training for the Wider Caribbean Region.

As a result of the GI Conference, a MOU was signed on 26 September 2002 at the RAC/REMPEITC-Carib facility in Curacao, Netherlands Antilles between the Government of the Netherlands Antilles, UNEP-CAR/RCU and the IMO. The signatories to the MOU agreed to provide the necessary arrangements and instruments to keep the Center operating for the benefit of the nations in the Wider Caribbean Region.

The International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990:

The OPRC 1990 was adopted in London at the IMO headquarters on 30 November 1990. OPRC 1990 is the convention that facilitates international cooperation and mutual assistance in preparing for and responding to a major oil pollution incident, and encourages states to develop and maintain an adequate capability to deal with oil pollution emergencies.

The publication includes:

Final Act of the Conference on International Co-operation on Oil Pollution Preparedness and Response, 1990;
OPRC Convention, 1990:
Resolutions 1 to 10 adopted by the Conference.
ISBN: 92-801-1267-8 IMO

MARPOL 73/78

The MARPOL Convention is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978 respectively and updated by amendments through the years.

The International Convention for the Prevention of Pollution from Ships (MARPOL) was adopted on 2 November 1973 at IMO and covered pollution by oil, chemicals, harmful substances in packaged form, sewage and garbage. The Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol) was adopted at a Conference on Tanker Safety and Pollution Prevention in February 1978 held in response to a spate of tanker accidents in 1976-1977. (Measures relating to tanker design and operation were also incorporated into a Protocol of 1978 relating to the 1974 Convention on the Safety of Life at Sea, 1974).

As the 1973 MARPOL Convention had not yet entered into force, the 1978 MARPOL Protocol absorbed the parent Convention. The combined instrument is referred to as the International Convention for the Prevention of Marine Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), and it entered into force on 2 October 1983 (Annexes I and II).

The Convention includes regulations aimed at preventing and minimizing pollution from ships - both accidental pollution and that from routine operations - and currently includes six technical Annexes:

Annex I - Prevention of Pollution by Oil
Annex II - Control of Pollution by Noxious Liquid Substances in Bulk
Annex III - Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
Annex IV - Prevention of Pollution by Sewage from Ships
Annex V - Prevention of Pollution by Garbage from Ships
Annex VI - Prevention of Air Pollution from Ships (entry into force 19 May 2005)

Steering Committee

The RAC/REMPEITC-Carib Steering Committee oversees the overall budget and program of the RAC. It prepares, review and approve biennially RAC/REMPEITC-Carib’s work program and budget consistent with the policy direction of the Meeting of the Contracting Parties; review and approve the yearly RAC/REMPEITC-Carib’s annual progress report and annual financial report.

The financing of the RAC is reviewed at the meeting of the Contracting Parties to the Cartagena Convention.

Members

The RAC/REMPEITC-Carib Steering Committee will consist of representatives from countries, organizations, and industry groups that are donating funds or in-kind support to the RAC and from IMO and UNEP-CAR/RCU:

Netherlands Antilles
A member of the Bureau of the Contracting Parties
The President of the Monitoring Committee
Regional Coordinating Unit of the United Nations Environmental Programme for the Caribbean Action Plan (UNEP-CAR/RCU)
Donor Countries
International Maritime Organization
Donor organizations
Other interested industry groups (i.e. tourism industry)

Rules and Responsibilities

The responsibilities of the RAC/REMPEITC-Carib Steering Committee are to:

Give the RAC support, guidance and feedback on the RAC’s activities;
Review, provide input and approve the biennially RAC Work Program;
Review, provide input and approve the biennially RAC Budget;
Review and approve the yearly RAC Annual Progress Report;
Review and approve the yearly RAC Annual Financial Report; and
Ensure RAC’s expenditures have been legitimate and have been spent for the planned and approved activities.

Meetings

The RAC/REMPEITC-Carib Steering Committee will meet biennially to review and approve the progress reports, program and budget prepared by the RAC. The meetings will take place at RAC’s location: Willemstad, Curaçao, Netherlands Antilles, unless otherwise noted by the Secretariat of the RAC/REMPEITC-Carib Steering Committee. Transportation and accommodation costs are the responsibility of the members of the RAC/REMPEITC-Carib Steering Committee. The chairmanship of the meeting circulates between all members of the RAC/REMPEITC-Carib Steering Committee, each meeting deciding on the chairman for the subsequent gathering.

The RAC provides the secretariat for the meeting. The secretariat will set the date of the meeting, organise accommodation matters, circulate the necessary documents, and prepare the minutes of the meeting. The language of the meetings and reports will be presented in English. The members of the RAC/REMPEITC-Carib Steering Committee should delegate a representative with the appropriate credentials to make necessary decisions required. Potential donor countries, organisations or industry groups might be invited to participate in the meetings of the RAC/REMPEITC-Carib Steering Committee as deemed appropriate.

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