Presentation
The Construction of a Paradigm in Latin America: The Honduras Model of Oil Pollution and HNS Control
DescriptionIn addressing the complex challenges posed by oil pollution, the impact of State asymmetries becomes evident, influenced by economic, legal, and governmental variations. International Maritime Conventions stand as the key mechanism for standardization, yet their integration into national legislation, budgets, and administrative structures presents significant challenges.
The predicament lies in how to overcome economic constraints, logistical limitations, and a lack of expertise to establish a robust national capacity for oil pollution prevention and response, particularly in countries like Honduras. Budgetary constraints hinder the acquisition of specialized equipment and the training of public officials necessary for effective operational functions.
While the "polluter pays" principle appears reasonable, practical realities reveal its limitations. The ability to pay does not always align with the capability to promptly and effectively address a spill. Recognizing the need for on-site equipment and personnel 24/7, Honduras has gradually refined its approach by incorporating the "potential polluter pays" concept. This involves implementing the OSRO (Oil Spill Response Organization) approach and introducing a "standby" service fee.
To enhance response capabilities, Honduras has enacted a series of regulations through collaboration with the private sector and the National Maritime Administration:
National Contingency Plan (2014).
DGMM-022/2015: Mandates exporters and importers of oil and HNS (Hazardous and Noxious Substances) to have their equipment and qualified personnel (24/7) or designate an approved OSRO to ensure Contingency Plan effectiveness.
DGMM-022/2015: Defines minimum criteria for OSROs to be authorized by the Maritime Authority.
DGMM-018/2017: Establishes a 12.5% tax rate on OSRO income to fund activities for preventing and controlling oil spills and addressing spills of unknown origin.DGMM-004/2018: Adopts the Spill Response Contract RESPONSECON (ISCO-BIMCO) as the national standard in oil/HNS spill events.
Despite these progressive measures, there remains a substantial journey ahead to fully develop and implement a comprehensive national response capacity.
The predicament lies in how to overcome economic constraints, logistical limitations, and a lack of expertise to establish a robust national capacity for oil pollution prevention and response, particularly in countries like Honduras. Budgetary constraints hinder the acquisition of specialized equipment and the training of public officials necessary for effective operational functions.
While the "polluter pays" principle appears reasonable, practical realities reveal its limitations. The ability to pay does not always align with the capability to promptly and effectively address a spill. Recognizing the need for on-site equipment and personnel 24/7, Honduras has gradually refined its approach by incorporating the "potential polluter pays" concept. This involves implementing the OSRO (Oil Spill Response Organization) approach and introducing a "standby" service fee.
To enhance response capabilities, Honduras has enacted a series of regulations through collaboration with the private sector and the National Maritime Administration:
National Contingency Plan (2014).
DGMM-022/2015: Mandates exporters and importers of oil and HNS (Hazardous and Noxious Substances) to have their equipment and qualified personnel (24/7) or designate an approved OSRO to ensure Contingency Plan effectiveness.
DGMM-022/2015: Defines minimum criteria for OSROs to be authorized by the Maritime Authority.
DGMM-018/2017: Establishes a 12.5% tax rate on OSRO income to fund activities for preventing and controlling oil spills and addressing spills of unknown origin.DGMM-004/2018: Adopts the Spill Response Contract RESPONSECON (ISCO-BIMCO) as the national standard in oil/HNS spill events.
Despite these progressive measures, there remains a substantial journey ahead to fully develop and implement a comprehensive national response capacity.
Event Type
Paper
TimeTuesday, May 14th1:50pm - 2:10pm CDT
Location288-290
Preparedness