Agreement International 19/09/1983
الاتفاقية الدولية لسلامة الارواح في البحر
- Scope
- International
- Signed
- 19/09/1983
- Ratified by
- قانون منفذ بمرسوم رقم 1030 سنة 1983
- Source
- Lebanese University
ATTACHEMENT 1
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974
THE CONTRACTING GOVERNMENTS BEING DESIROUS of promoting safety of life at sea by
establishing in common agreement uniform principales and rules directed thereto,
CONSIDERING that this end may best be achieved by the
conclusion of a Convention to replace the International
Convention for the Safety of Life at Sea, 1960, taking
account of developments since that Convention was
concluded,
HAVE AGREED as follows:
ARTICLE 1:
General Obligation under the Convention
(a) The Contracting Governements undertake to give effect
to the provisions of the present Convention and the Annex
thereto, which shall constitute an integral part of the
present Convention. Every reference to the present Con-
vention constitutes at the same time a reference to the
Annex.
(b) The Contrating Governements undertake to promulgate
all laws, decrees, orders and regulations and to take all
other steps which may be necessary to give the present
Convention full and complete effect, so as to ensure that,
from the point of view of safety of life, a ship is fit
for the service which it is intended.
'
ARTICLE 11:
Application
The present Convention shall apply to ships to fly the
flag of States the Governments of which are Contracting
Governements.
ARTICLE 11:
laws, Regulations
The Contracting Governements indertake to communicate to
and deposit with the Secretary-General of the Inter-
Governmental Maritime Consultative Organization
(hereinafter referred to as "the Organization"):
(a) a list of non-governmental agencies which are
authorized to act in their behalf in the administration
of measures for safety of life at sea for circulation
to the Contracting Governements for the information of
their officers;
(b) the text of laws, decrees, orders and regulation which
shall have been promulgated on the various matters within
the scope of the present Convention;
(c) a sufficient number of specimens of their Certificates
issued under the provisions of the present Convention for
circulation to the Contracting Governments for the
information of their officers.
''
ARTICLE 1V:
Cases of Force Majeure
(a) A ship, which is not subject to the provisions of the
present Convention at the time of its departure on any
voyage, shall not become subject to the provisions of the
present Convention on account of any deviation from its
intended voyage due to stress of weather or any other
cause of force majeure.
(b) Persons who are on board a ship by reason of force
majeure or in concequence of the obligation laid upon
the master to carry shipwrecked or other persons shall not
be taken into account for the purpose of ascertaining the
application to a ship of any provisions of the present
Convention.
''
ARTICLE V:
Carriage of Persons in Emergency
(a) For the purpose of evacuating persons in order to
avoid a threat to the security of their lives a Contrac-
ting Government may permit the carriage of a larger number
of persons in its ships than is otherwise permissible
under the present Convention.
(b) Such permission shall not deprive other Contracting
Governments of any right of control under the present
Convention over such ships which come within their ports.
(c) Notice of any such permission, together with a
statement of the circumstances, shall be sent to the
Secretary-General of the Organisation by the Contracting
Government granting such permission.
''
ARTICLE V1:
Prior Treatles and Conventions
(a) As between the Contracting Governments, the present
Convenion replaces and abrogates the International
Convention for the Safety of Life at Sea which was signed
in London on 17 June 1960.
(b) All other treaties, conventions and arrangements
relating to safety of life at sea, or matters apper-
taining thereto, at present in force between Governments
parties to the present Covention shall continue to have
full and complete effect during the terms thereof as
regards:
(i) ships to which the present Convention doses not apply;
(ii) ships to which the present Convention applies, in
respect of matters for which it has not expressly
provided.
(c) To the extent, however, that such treaties, conven-
tions or arrangements conflit with the provisions of the
present Convention, the provisions of the present Conven-
tion shall prevail.
(d) All matters which are not expressly provided for in
the present Convention remain subject to the legislation
of the Contracting Governments.
''
ARTICLE VII:
Special Rules drawn up by Agreement
When in accordance with the present Convention special
rules are drawn up by agreement between all or some of the
Contracting Governments, such rules shall be communicated
to the Secretary-General of the Organisation for circula-
tion to all Contrating Governments.
''
ARTICLE VIII:
Amemdments
(a) The present Convention may be amended by either of the
procedures specified in the following paragraphs.
(b) Amendments after consideration withim the organisation. proposed
by a Con-
tracting Government shall
be submitted (i) Any amendment to the Secretary-General of
the Organisation,
who shall then circulate it to all Members of the
Organization and all Contrating Governments at least six
months prior to its consideration.
(ii) Any amendment proposed and circulated as above shall
be referred to the Maritime Safety Committee of the
Organization for consideration.
(iii) Contracting Governments of States, whether or not
Members of the Organisation, shall be entitlied to parti-
cipate in the proceeding of the Maritime Safety Commettee
for the consideration and adoption of amendments.
(iv) Amendments shall be adopted by a two-thirds majority
of the Contracting Governments present and voting in the
Martime Safety Committee expanded as provided for in sub-
paragraph (iii) of this paragraph (hereinafter referred
to as "the expanded Maritime Safety Committee") on condi-
tion that at least one-third of the Contracting
Governments shall be present at the time of voting.
(v) Amendments adoptes in accordance with sub-paragraph
(iv) of this paragraph shall be communicated by the
Secretary-General of the Organization to all Contracting
Governements for acceptance.
''
(vi) (1) An amendment to an Article of the Convention or
to Chapter I of the Annex shall be deemed to have been
accepted on the date on which it is accepted by two-thirds
of the Contracting Governments.
(2) An amendement to the Annex other than Chapter I shall
be deemed to have been accepted:
(aa) at the end of two years from the date on which it is
communited to Contracting Governments for acceptance; or
(bb) at the end of a different period, which shall not be
less than one year, if so determined at the time of its
adoption by a two-thirds majority of the Contrating
Governments presented and voting in the expanded Maritime
Safety Committee.
However, if within the specified period either more than
one-third of Contracting Governments, or Contracting
Governments the combined merchant fleets of which consti-
tue not less than filty per cent of the gross tonnage of
the world's merchant fleet, notify the Secretary-General
of the Organization that they object to the amendment, it
shall be deemed not to have been accepted.
''
(vii) (1) An amlndmlnt to an Article of the Convention or
to Chapter I of the Annex shall enter into force with
respect to those Contrating Governments which have
accepted it, six months after the date on which it is
deemed to have been accepted, and with respect to each
Contracting Government which accepts it after that date;
six months after the date of that Contracting Government's
acceptance.
(2) An amendment to the Annex other than Chapter I shall
enter into force with respect to all Contracting Gover-
nments, except those which have objected to the amendment
under sub-paragraph (vi) (2) of this paragraph and which
have not withdrawm such objections, six months after the
date on which it is deemed to have been accepted, However,
before the date set for entry into force, any Contacting
Government may give notice to the Secretary-General of
the Organization that it exempts itself from giving effect
to that amendment for a period not longer than one year
from the date of its entry into force, or for such longer
period as may be determined by a two-thirds majority of
the Contractinng Government present and voting in the
expanded Maritime Safety Committee at the time of the
adoption of the amendment.
(c) Amendment by a Conference:
''
(i) Upon the request of a Contrating Government concurred
in by at least one-third of the Contracting Governments,
the Organization shall convene a conference of Contracting
Government to consider amendments to the present
Convenntion.
(ii) Every amendment adopted by such a Conference by a
two-thirds majority of the Contracting Governments present
and voting shall be communicated by the Secretary-General
of the Organisation to all Contracting Governments for
acceptance.
(iii) Unless the Conference decides otherwise, the amen-
dment shall be deemed to have been accepted and shall
enter into force in accordance with the procedures speci-
fied in sub-paragraphs (b)(vi) and (b)(vii) respectively
of this Article, provided that reference in these para-
graphs to the expanded Maritime Safety Committee shall be
taken to mean reference to the Conference.
''
(d) (i) A Contracting Government which has accepted an
amendment to the Annex which has entered into force shall
not be obliged to extend the benefit of the present
Convention in respect of the certificates issued to a ship
entitled to fly the flag of a State the Government of
which, pursuant to the provisions of sub-paragraph
(b)(vi)(2) of this Article, has objected to the amendment
and has not withdrawn such an objection, but only to the
extent that such certificates relate to matters covered
by the amendment in question.
''
(ii) A Contracting Government which has accepted an
amendment to the Annex which has entered into force shall
extent the benefit of the present Convention in respect
of the certificates issed to a ship entitled to fly the
flag of a State the Government of which pursuant to the
provisions of sub-paragraph (b)(vii)(2) of this Article,
has notified the Secretary-General of the Organization
that it exempts itself from giving effect to the
amendment.
(e) Unless expressly provided other-wise, any amendment
to the present Convention made under this Article,which
relates to the structure of a ship, shall apply only to
ships the keels of which are laid or which are at a
similar stage of construction, on or after the date on
which the amendment enters into force.
(f) Any declaration of acceptance of or objection to, an
amendment or any notice given under sub-paragraph (b)
(vii)(2) of this Article shall be submitted in writing
to the Secretary-General of the Organization, who shall
inform all Contracting Government of any such submission
and the date of its receipt.
(g) The Secretary-General of the Organization shall inform
all Contracting Government of any amendments which enter
into force under this Article, together with the date on
which each such amendment enters into force.
''
ARTICLE IX:
Signature, Ratification, Acceptance, Approoval and
Accession
The present convention shall remain open for signature
at the Organization from 1 November 1974 until 1 July 1975
and shall there-after remain open for accession. States
may become parties to the present Convention by:
(i) signature without reservation as to ratification,
acceptance or approval; or
(ii) signature subject to ratification, acceptance or
approval, followed by ratification, acceptance or
approval; or
(iii) accession.
(b) Ratification, acceptance, approval or accession shall
be effected by the deposit of an instrument to that effect
with the Secretary-General of the Organization.
(c) The Secretary-General of the Organization shall inform
the Governments of all States which have signed the
present Convention or acceded to it of any signature or
of the deposit of any instrument of ratification,
acceptance, approval or accession and the date of its
deposit.
''
ARTICLE X:
Entry into Force
(a) The present Convention shall enter into force twelve
months after the date on which not less than twenty-five
States, the combined merchant fleets of which constitute
not less than fifty per cent of the gross tonnage of the
woorld's mercant shipping, have become parties to it in
accordance with Article IX.
(b) Any instrument of ratification, acceptance, approval
or accession deposited after the date on which the present
Convention enters into force shall take effect three
months after the date of deposit.
(c) After the date on which an amendment to the present
Convention is deemed to have been accepted under
Articlel VIII, any instrument of ratification, acceptance,
approval or accession deposited shall apply to the
Convention as amended.
''
ARTICLE XI:
Denunciation
(a) The present Convention may be denounced by any
Contracting Government at any time after the expiry of
five years from the date on which the Convention enters
into force for that Government.
(b) Denunciation shall be effected by the deposit of an
instrument of denunciation with the Secretary-General of
the Organisation who shall notify all the other
Contracting Governments of any instrument of denunciation
receided and of the date of its receipt as well as the
date on which such denunciation takes effect.
(c) A denunciation shall take effect one year, or such
longer period as may be specified in the instrument of
denunciation, after its receipt by the Secretary-General
of the Organisation.
''
ARTICLE XII:
Deposit and Registration
(a) The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit
certified true copies thereof to the Government of all
States which have signed the present Convention or
acceded to it.
(b) As soon as the present Convention enters into force
the texl shall be transmitted by the Secretary-General of
the Organization to the Secretary-General of the United
Nations for regitration and publication, in accordance
with Article 102 of the Charter of the United Nations.
''
ARTICLE XIII:
Languages
The present Convention is established in a single copy
in the Chinese, English, French, Russian and Spanish
languages, each text being equqlly authentic. Official
translations in the Arabic, German and Italian languages
shall be prepared and deposited with the signed original.
IN WITNESS WHEREOF the under signed, being duly
authorized by their respective Governments for that
purpose, have signed the present Convention.
DONE AT LONDON this first day of November one thousand
nine hundred and seventy-four.
''
ANNEX
CHAPITRE 1
GENERAL PROVISIONS
PART A
APPLICATION, DEFINITIONS, ETC.
Regulation 1
Application
(a) Unless expressly provided other wise, the present
Regulations apply only to ships engaged on international
voyages.
(b) The classes of ships to which each Chapter are more
precisely defined, and the extent of the application is
shown, in each Chapter.
Regulation 2
Definitions
For the purpose of the present Regulations, unless
expressly provided other wise:
(a) "Regulations" means the Regulations contained in the
Annex to the present Convention.
(b) "Administration" means the Government of the State
whose flag the ship is entitled to fly.
(c) "Approved" means approved by the Administration.
(d) "International voyage" means a voyage from a country
to which the present Convention applies to a port outside
such country, or conversely.
(e) A passenger is every person other than:
(i) the master and the members of the crew or other
persons employed or engaged in any capacity on board a
ship on the business of that ship; and
(ii) a child under one year of age.
''
(f) A passenger ship is a ship which carries more than
twelve passengers.
(g) A cargo ship is any ship which is not a passenger
ship.
(h) A tanker is a cargo ship constructed or adapted for
the carrige in bulk of liquid cargoes or an inflammable*
nature.
(i) A fishing vessel is a vessel used for catching fish,
wlales, seals, wairus or other living resources of the
sea.
(j) A nuclear ship is a ship provided with a nuclear power
plant.
(k) "New ship" means a ship the keel of which is laid or
which is at a similar stage of construction on or after
the date of comming into force of the present Convention.
(l) "Existing ship" means a ship which is not a new ship.
(m) A mile is 1,852 meters or 6,080 feet.
''
Regulation 3
Exceptions
(a) The present Regulations, unless expressly provided
otherwise, do not apply to:
(i) Ships of war and troopships.
(ii) Cargo ships of less than 500 tons gross tonnage.
(iii) Ships not propelled by mechanical means.
(iv) Wooden ships of pimitive build.
(v) Pleasure yachis not engaged in trade.
(vi) Fishing vessels.
(b) Except as expressly provided in Chapter V, nothing
herein shall apply to ships solely navigating the Great
Lakes of North America and the River St. Lawrence as far
east as a straight line drawn from Cap des Rosiers to West
point, Anticosti Island and, on the north side of
Anticosti Island, the 63 rd Meridian.
''
Regulation 4
Exemptions
(a) A ship which is not normally engaged on international
voyages but which, to exceptional circumstances, is
required to undertake a single international voyage may
be exempted by the Administration from any of the
requirements of the present Regulations provided that it
complies with safety requirements which are adequte in
the opinion of the opinion of the Administration for the
voyage which is to be undertaken by the ship.
''
(b) The Administration may exempt any ship which embodies
features of a showed kind from any of the provisions
of Chapter II-1-2 III and IV of these Regulations the
application of which might seriously impede research into
the development of such features and their incorporation
in ships engaged on international voyages. Any such ship
shall, however, comply with safety requirement which, in
the opinion of that Administration, are adequate for the
service for which it is intended and are such as to
ensure the overall safety of the ship and which are
acceptable to the Governments of the States to be visited
by the ship. The Administration which allows any such
exemption shall communicate to the Organization parti-
culars of same and the reasons therefor which the Organi-
zation shall circulate to the Contracting Governments
for their information.
''
Regulation 5
Equivalents
(a) Where the present Regulations require that a parti-
cular fitting, material, appliance or apparantus, or type
thereof, shall be fitted or carried in a ship, or that
any particular provision shall be made, the Administration
may allow any other fitting, material, appliance or
apparatus, or type thereof, to be fitted or carried, or
any other provision to be made in that ship, if it is
satisfied by trial thereof or otherwise that such fitting,
material, appliance or apparatus, or type thereof, or
provision, is at least as effective as that required by
the present Regulations.
''
(b) Any Administration which so allows, in substitution,
a fitting, material, appliance or apparatus, or type
thereof, or provision, shall communicate to the Organiza-
tion particulars thereof together with a report on any
trials made and the Organization shall circulate such
particulars to other Contracting Governments for the
information of their officers.
PART B
SURVEYS AND CERTIFICATES
Regulation 6
Inspection and Survey
The inspection and survey of ships,so far as regards the
enforcement of the provisions of the present Regulations
and the granting of exemptions there- from, shall be
carried out by officers of the country in which the ship
is registered, provided that the Government of each
country may entrut the inspection and survey either to
surveyors nominated for the purpose or to organizations
recognized by it, In every case the government concerned
fully guarantees the completeness and efficiency of the
inspection and survey.
''
Regulation 7
Survery of Passenger Ships
(a) A passenger ship shall be subjected to the surveys
specified below:
(i) A survey before the ship is put in service.
(ii) A periodical survey once every twelve months.
(iii) Additional surveys, as occasion arises.
(b) The surveys referred to above shall be carried out as
follows:
(i) The survey before the ship is put in service shall
include a complete inspection of its structure, machinery
and equipement, including the outside of the ship's
bottom and the inside and outisde of the boilers, This
survey shall be such as to ensure that the arrangements,
material, and scantlings of the structure, boilers and
other pressure vessels and their appurtenances, main and
auxiliary machinery, electrical installation, radio
installation, radiotelegraph installations in motor
lifeboats, portable radio apparatus for survival craft,
''
life-saving appliances, fire protection, fire detecting
and extinguishing appliances, radar, echo-sounding device,
gyro-compass, pilot ladders, mechanical pilot hoists and
other equipment, fully comply with the requirements of
the present Convention, and of the laws, decrees, orders
and regulations promulgated as a result thereof by the
Administration for ships of the service for which it is
intended. The survey shall also be such as to ensure that
the workmanship of all parts of the ship and its
equipment is in all respects satisfactory, and that the
ship is provided with the lights, shapes, means of making
sound signals and distress signals as required by the
provisions of the present Convention and the International
Regulations for Preventing Collisions at Sea in force.
''
(ii) The periodical survey shall include an inspection
of the structure, boilers and other pressure vessels,
machinery and equipment, including the outside of the
ship's bottom. The survey shall bre such as to ensure
that the ship, as regards the structure, boilers and other
pressure vessels and their appurtenances, main and
auxiliary machinery, electrical installation, radio
installation, radiotelegraph installations in motor
lifeboats, portable radio apparatus for survival craft,
life-saving appliances, fire protection, fire detecting
and extinguishing appliances, radar echo-sounding device,
gyro-compass, pilot ladders, machanical pilot hoists and
other equipment, is in satisfactory condition and fit for
the service for which it is intended, and that it complies
with the requirements of the present Convention, and of
the laws, decrees, orders and regulations promulgated as
a result thereof by the Administration. The lights,
shapes and means of making sound signals and the distress
signals carried by the ship shall also be subject to the
above-mentioned survey for the purpose of ensuring that
they comply with the requirements of the present Conven-
tion and of the International Regulations for Preventing
Collisions at Sea in force.
''
(iii) A survey either general or partial, according to the
circumstances, shall be made everytime an accident occurs
or a defect is discovered which affects the safety of the
ship or the efficiency or completeness of its life-saving
appliances or other equipment, or whenever any important
repairs or renewals are made. The survey shall be such as
to ensure that the necessary repairs or renewals have been
effectively made, that the material and workmanship of
such repairs are in all respects satisfactory, and that
the ship complies in all respects with the provisions of
the present Convention and of the International
Regulations for Preventing Collisions at Sea in force,
and of the laws, decrees, orders and regulations promul-
gated as a result thereof by the Administration.
''
(c) (i) The laws, decrees, orders and regulations referred
to in paragraph (b) of this Regulation shall be in all
respects such as to ensure that, from the point of view
of safety of life, the ship is fit for the service for
which it is intended.
(ii) They shall among other things prescribe the requi-
rements to be observed as to the initial and subsequent
hydraulic or other acceptable alternative tests to which
the main and auxiliary boilers, connexions, steam pipes,
high pressure receivers, and fuel tanks for internal
combution engines are to be submitted including the test
procedures to be followed and the intervals between two
consecutive tests.
''
Regulation 8
Surverys of Life-Saving Appliances and other Equipement
of Cargo Ships
The life-saving appliances, except a radiotelegraph
installation in a motor lifeboat or a portable radio
aparatus for survival craft, the echo-sounding device,
the gyro-compass, and the fire-extinguishing appliances
of cargo ships to which Chapter II-1, II-2, III and V
apply shall be subject to initial and subsequent surveys
as provided for passenger ships in Regulation 7 of this
Chapter with the substitution of 24 months for 12 months
in sub-paragraph (a)(ii) of that Regulation. The fire
control plans in new ships and the pilot ladders,
mechanical pilot hoists, lights, shapes and means of
making sound signals carried by new and existing ships
shall be included in the surveys for the purpose of
ensuring that thery comply fully with the requirements
of the present Convention and, where applicable, the
International Regulations for Preventing Collisions at
Sea in force.
''
Regulation 9
Surveys of Radio and Radar
Installations of Cargo Ships
The radio and radar installations of cargo ships to which
Chapter IV and V apply and any radiotelegraph installation
in a motor lifeboat or portable radio apparatus for
survival craft which is carried in compliance with the
requirements of Chapter III shall be subject to initial
and subsequement surveys as provided for passenger ships
in Regulation 7 of this Chapter.
''
Regulation 10
Surveys of Hull, Machinery and Equipment of Cargo Ships
The hull, machinery and equipment (other than items in
respect of which Cargo Ship Safety Equipment Certificates,
Cargo Ship Safety Radiotelegraph Certificates or Cargo
Ship Safety Radiotelephony Certificates are issued) of a
cargo ship shall be surveyed on completion and thereafter
in such manner and at such intervals as the Administration
may consider necessary in order to ensure that their
condition is in all respects satisfactory, The survey
shall be such as to ensure that the arrangements,
material, and scantlings of the structure, boilers and
other pressure vessels and their appurtenances, main and
auxiliary machinery, electrical installations and other
equipment are in all respects satisfactory for the
service for which the ship is intended.
''
Regulation 11
Maintenance of Conditions after Survey
After any survey of the ship under Regulations 7,8,9 or
10 of this Chapter has been completed, no change shall
be made the stuctural arrangements, machinery, equipment,
etc. covered by the survey, without the sanction of the
Administration.
Regulation 12
Issue of Certificates
(a) (i) A certificate called a Passenger Ship Safety
Certificate shall be issued after inspenction and survey
to a passenger ship which complies withs the requirements
of Chapters II-1, II-2,III and IV and any other relevant
requirements of the present Regulations.
''
(ii) A certificate called a cargo Ship Safety Construction
Certificate shall be issued after survey to a cargo ship
which satisfies the requirements for cargo ships on survey
set out in Regulation 10 of this Chapter and complies
which the applicable requirement of Chapters II-1 and II-2
other than those relating to fire-extinguishing appliances
and fire control plans.
(iii) A certificate called a cargo Ship Safety Equipment
Certificate shall be issued after inspection to a cargo
ship which complies wiiith the relevant requirements of
Chapter II-1, II-2, and III and any other relevant
requirements of the present Regulations.
''
(iv) A certificate called a cargo Ship Safety Radiotele-
graph Certificate shall be issued after inspection to a
cargo ship, fitted with a radiotelegraph installation,
which complies with the requirements of Chapter IV and
any other relevant requirements of the present
Regulations.
(v) A certificate called a cargo Ship Safety Radiotele-
phony Certificate shall be issued after inspection to a
cargo ship, fitted with a radiotelephone installation,
which complies with the requirements of Chapter IV and
any other relevant requirements of the present
Regulations.
(iv) When an exemption is granted to a ship under and in
accordence with the provisions of the present Regulations,
a certificate called an Exemption Certificate shall be
issued in addition to the certificates prescribed in this
paragraph.
''
(vii) Passenger Ship Safety Certificates, cargo Ship
Safety Construction Certificates, Cargo Ship Safety
Equipment Certificates, Cargo Ship Safety Radiotelegraphy
Certificates, Cargo Ship Safety Radiotelephony
Certificates and Exemption Certificates shall be issued
either by the Administration or by any person or
organisation duly autorized by it. In every case, that
Administration assumes full responsibility for the
Certificate.
(b) Notwisthstanding any other provision of the present
Convention any certificate issued under, and in accordance
with, the provisions of the International Convention for
the Safety of Life at Sea, 1960, which is current when the
present Convention comes into force in respect of the
Administration by which the certificate is issued, shall
remain valid until it expires under the terms of
Regulation 14 of Chapter I of that Convention.
''
(c) A Contracting Government shall not issue certificates
under, and in accordance with, the provisions of the
International Convention for the Safety of Life at Sea,
1960, 1948 or 1929, after the date on which acceptance of
the present Convention by the Government takes effect.
Regulation 13
Issue of Certificate by another Government
A Contracting Government may, at the request of the
Administration, cause a ship to be surveyed and, if
satisfied that the requirements of the present Regulations
are complied with, shall issue certificates to the ship
in accordance with the present Regulations, Any certifi-
cate so issued must contain a statement to the effect that
it has been issued at the request of the Govermnent of the
country in which the ship is or will be registered, and
it shall have the same force and receive the same
recognition as a certificate issued under Regulation 12
of this Chapter.
''
Regulation 14
Duration of Certificates
(a) Certificates other than Cargo Ship Safety Construction
Certificates, Cargo Ship Safety Equipment Certificates and
Exemption Certificates shall be issued for a period of not
more than 12 months. Cargo Ship Safety Equipment Certifi-
cates shall be issued for a period of not more than 24
months. Exemption Certificates shall not be valid for
longer than the period of the certificates to which they
refer.
(b) If a survey takes place within two months before the
end of the period for which a Cargo Ship Safety Radiote-
legraphy Certificate or a Cargo Ship Safety Radiotelephony
Certificate issued in respect of cargo ship of 300 tons
gross tonnage and upwards but less than 500 tons gross
tonnage, was originally issued, that certificate may be
withdrawn, and a new certificate may be issued which shall
expire 12 months after the end of the said period.
''
(c) If a ship at the time when its certificate expires is
not in a port of the country in which it is registered,
the certificate may be extended by the Administration,
but such extension shall be granted only for the purpose
of allowing the ship to complete its voyage to the country
in which it is registered or is to be surveyed, and then
only in cases where it appears proper and reasonable
so to do.
(d) No certificate shall be thus extended for a longer
period than five months, and a ship to which such exten-
tion is granted shall not, on its arrival in the
country in which it is registered or the port in which
it is to be surveyed, be entitled by virtue of such
extention to leave that port or country without having
obtained a new certificate.
''
(c) A certificate which has not been extended under the
foregoing provisions of this Regulation may be extended
by the Administration for a period of grace of up to one
month from the date of expiry stated on it.
Regulation 15
From of Certificates
(a) All certificates shall be drawn up in the official
languge or languages of the country by which they are
issued.
(b) The from of the certificates shall be that of the
models given in the Appendix to the present Regulations.
The arrangement of the printed par of the model certifi-
cates shall be exactly reproduced in the certificates
issued, or in certified copies thereof, and the particu-
lars inserted in the certificates issued, or in certified
copies thereof, shall be in roman characters and Arabic
figures.
''
Regulation 16
Posting up of Certificates
All certificates or certified copies thereof issued under
the present Regulations shall be posted up in a prominent
and accessible place in the ship.
Regulation 17
Acceptance of Certificates
Certificates isued under the authority of a Contracting
Government shall be accepted by the other Contracting
Government for all purpose covered by the present Conven-
tion. They shall be regarded by the other Contracting
Governments as having the same force as certificates
issued by them.
''
Regulation 18
Qualification of Certificates
(a) If in the course of a particular voyage a ship has on
board a number of persons less than the total number
stated in the Passenger Ship Safety Certificate and in
consequence, in accordance with the provisions of the
present Regulations, free to carry a amaller number of
lifeboats and other life-saving appliances than that
stated in the Certificate, an annex may issued by the
Government, person or organization referred to in Regula-
tion 12 or 13 of this Chapter.
(b) This annex shall state that in the circumstances there
is no infringement of the provisions of the present
Regulations. It shall be annexed to the Certificate and
shall be substituted for it in so far as the life-saving
appliances are concerned. It shall be valid only for the
particular voyage for which it is issued.
''
Regulation 19
Control
Every ship holding a certificate issued under Regulation
12 or Regulation 13 of this Chapter is subject in the
ports of the other Contracting Government to control by
officers duly authorized by such Governments in so far as
this control is directed towards verifying that
there is on board a valid certificate. Such certificate
shall be accepted unless there are clear grounds for
believing that the condition of the ship or of its
equipment does not correspond substantially with the
particulars of that certificate. In that case, the officer
carrying out the control shall take such stepss as will
ensure that the ship shall not sail until it can proceed
to sea without danger to the passengers or the crew. In
the event of this control giving rise to intervention of
any kind, the officer carrying out the control shall
inform the Consul of the country in which the ship is
registered in writing forthwith of all the circumstances
in which intervention was deemed to be necessary, and the
facts shall be reported to the Organization.
''
Regulation 20
Privileges
The privileges of the present Convention may not be
claimed in favour of any ship unless it holds appropriate
valid certificates.
PART C - CASUALTIES
Regulation 21
Casualties
(a) Each Administration undertakes to conduct an investi-
gation of any casualty occurring to any of its ships
subject to the provisions of the present Convention when
it judges that such an investigation may assist in
determining what changes in the present Regulations might
be desirable.
''
(b) Each Contracting Government undertakes to supply the
Organization with pertinent information concerning the
findings of such investigations. No reports or recommen-
dations of the Organization based upon such information
shall disclose the identity or nationality of the ships
concerned or in any manner fix or imply responsibility
upon any ship or person.
FINAL ACT OF THE
INTERNATIONAL CONFERENCE ON TANKER SAFETY AND
POLLUTION PREVENTION, 1978
1. In consideration of recommendations made by the
Maritime Safety Committee, the Council of the Inter-
Governmental Maritime Consultative Organisation decided,
on 25 May 1977, to convene the International Conference
on Tanker Safety and Pollution Prevention which was held
in London from 6 to 17 February 1978.
''
2. Upon the invitation of the Inter-Governmental Maritime
Consultative Organization, the following States were
represented by delegations at the Conference:
Algeria
Argentina
Australia
Bahamas
Bahrain
Barbados
Belgium
Brazil
Bulgaria
Canada
Chile
Colombia
Cuba
Cyprus
Denmark
Egypt
Finland
France
German Democratie Republic
Germany, Federal Republic of
Ghana
Greece
India
Indonesia
Iran
Iraq
Ireland
''
Israel
Italy
Japan
Kenya
Kuwait
Liberia
Malaysia
Mexico
Morocco
Netherlands
New zealand
Nigeria
Norway
Oman
Panama
Philippines
Poland
Portugal
Republic of Korea
Romania
Saudi Arabia
Senegal
Singapore
Spain
Sweden
Thailand
''
Trinidad and Tobago
Tunisia
Turkey
Union of Soviet Socialist Republics
United Kingdon of Great Britain and
Northern Ireland
United States of America
Uruguay
Venezuela
Yugoslavia
3. The following States were represented at the Conference
by observers:
China
Ecuador
Mauritius
4. At the invitation of the Organization, the following
organization in the United Nations system sent a represen-
tative to the Conference:
United Nations Environment Programme (UNEP)
''
5. The following inter-Governmental sent observers to the
Conference:
Organization for Economic Co-operation and Development
(OECD)
Commission of the European Communites (EEC)
6. The following non-governemental organizations also sent
observers to the Conference:
International Chamber of Shipping (ICS)
International Shipping Federation (ISF)
International Union of Marine Insurance (IUMI)
International Confederation of Free Trade Unions (ICFTU)
International Radio-Maritime Committee (CIRM)
International Association of ports and Harbors (IAPH)
Baltic and International Maritime Conference (BIMCO)
International Association of Classification Societies
(IACS)
Oil Companies International Marine Forum (OCIMF)
International Shipowners Association (INSA)
Engineering Committee on Oceanic Resources (ECOR)
Friends of the Earth International (FOE)
International Association of Institutes of Navigation
(IAIN)
''
Association of West European Shipbuilders (AWES)
7. At the opening of the Conference, Mr. S. Clinton Davis,
Parliamentary Under-Secretary of State for Companies,
Aviation and Shipping of the Department of Trade of the
United Kingdon, made a statement on behalf of her Majes-
tey's Government welcoming delegates to the Confernece.
8. His Excellency Mr. Manuel Tello, C.M.G of the delega-
tion of Mexico was elected President of the Conference.
The following Vice-Presidents were also elected:
Mr. M. Jacquier (France)
Mr. P. Gavai (India)
Mr. R. Adero (Kenya)
H.E.Mr. said ben Ammar (Tunisia)
Mr. A. Koleanitchenko (USSR)
9. The following officers of the Conference were
appointed:
Secretay-General
Mr. C.P. Srivastava
Executive Secretaries
Captain G.P. Kostylev
Mr. Y. Sasamura
10. The Conference established the following Committees:
''
Committee I
Chairman:
Mr.J.Vonau (poland)
Vice-Chairman:
Mr.S. Abboud (Egypt)
Committee II
Chairman:
Mr.P. Eriksson (Sweden)
Vice-Chairman:
Mr.J.H. Birthwhistle (Canada)
Committee III
Chairman:
Dr.L.Spinelli (Italy)
Vice-Chairman:
Captain J.F.Schwarz (Argentina)
Credentials Committee
Chairman:
Captain S. Tardana (Indonesia)
Drafting Committee
Chairman:
Mr.S.N. burbridge
(UNited Kingdon)
''
11. The following documentation formed the basis for the
work of the Conference:
- the International Convention for the Prevention of
Pollution from Ships, 1973;
- the International Convention for Safety of Life at Sea,
1974;
- draft Protocols to those Convention jointly prepared by
the Maritimes Safety Committee and the Marine Environment
Protection Committee of the Organization;
- draft Resolutions relating to the improvement of safety
at sea and the prevention of marine pollution from ships;
- proposals and coments submitted to the Conference by
interested governments and organisations.
12. As a result of its deliberations which are recorded
in the summary records and reports of the Conference, the
following instruments were adopted by the Conference:
''
PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION
FOR THE SAFETY OF LIFE AT SEA, 1974
and
PROTOCOL OF 1974 RELATING TO THE INTERNATIONAL CONVENTION
FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
The above Protocols constitute Attachments 1 and 2 to this
Final Act respectively.
13. The Conference also adopted the Resolutions shown at
Attachement 3 to this Final Act.
14. the text of this Final Act, including its Attachments,
is deposited with the Secretary-General of the Inter-
Governmental Maritime Consultative Organization. it is
established in a single original in the English, French,
Russian and Spanish languages, and is accompanied by the
texts of the Protocol of 1978 Relating to the Interna-
tional Convention for the Safety of Life at Sea, 1974, and
of the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships,
1973. The texts of the Protocols appear in the authentic
languages specified in the Conventions to which they
relate.
''
Official translations of the protocols will be prepared
in the languages specified in the Conventions to which
they relate. Originals of these official translations will
be deposited with this Final Act.
15. The Secretary-General of the Inter-Governmental
Maritime Consultative Organization shall send certified
copies of this Final Act with the Resolutions of the
Conference, certified copies of the authentic texts of
the Protocols and, when they have been prepared, official
translations of the Protocols, to the Governments of the
States invited to be represented at the Conference, in
accordance with the wishes of those Governments.
IN WITNESS WHEREOF the under-signed* have affixed their
signatures to this Final Act.
DONE AT LONDON this seventeenth day of February one
thousand nine hundred and seventy-eight.
''
ATTACHMENT 1
PROTOCOL OF 1978
RELATING TO THE
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA,
1974
THE PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the International Convention for the
Safety of Life at Sea, 1974, done at London on 1 November
1974,
RECOGNIZING the significant contribution wich can be made
by the above-mentioned Convention to the promotion of the
safety of ships and property at sea and the lives of
persons on board,
''
RECOGNIZING ALSO the need to improve futher the safety
of ships, particulary tankers,
CONSIDERING the this objective may best be achieved by
the conclusion of a Protocol Relating to the International
Convention for the Safety of Life at Sea, 1974,
HAVE AGREED as follows;
ARTICLE I
General Obligations
The Parties to the present Protocol undertake to give
effect to the provisions of the present Protocol and the
Annex hereto which shall constitute an integral part of
the present Protocol. Every reference to the present
Protocol constitutes at the same time a reference to the
Annex hereto.
''
ARTICLE II
Application
1. The provisions of Articles II, III (other than
paragraph (a), IV, VI(b), (c) and (d), VIII of the Inter-
national Convention for the Safety of Life at Sea, 1974
(hereinafter referred to as "the Convention") are incorpo-
rated in the present Protocol, provided that references
in those Articles to the Convention and to Contracting
Governments shall be taken to mean references to the
present Protocol and to the Parties to the present
Protocol, respectively.
2. Any ship to which the present Protocol applies shall
comply with the provisions of the Convention, subject to
the modifications and additions set out in the present
Protocol.
3. with respect to the ships of nonparties to the Conven-
tion and the present Protocol, the Parties to the present
protocol shall apply the requirements of the Convention
and the present Protocol as may be necessary to ensure
that no more favourable treatment is given to such ships.
''
ARTICLE III
Communication of Information
The Parties to the present Protocol to communicate to,
and deposit with, the Secretary-General of the Inter-
Governmental Maritime Consultative Organization
(hereinafter referred to as "the Organization"), a List
of nominated surveyors or recognized organizations which
are authorized to act on their behalf in the administra-
tion of measures for safety of Life at sea for circulation
to the Parties for information of their officers. The
Administration shall therefore notify the Organisation
of the specific responsibilites and conditions of the
authority delegated to the nominated surveyors or
recognized organizations.
''
ARTICLE IV
Signatures, Ratification, Acceptance, Approval
and Accession
1. The present Protocol shall be open for signature at the
Headquartes of the Organization from 1 June 1978 to 1
March 1979 and shall thereafter remain open for accession,
Subject to the provisions of, paragraph 3 of this
Article, States may become Parties to the present
Protocol by:
(a) signature without reservation as to ratification,
acceptance or approval; or
(b) signature subject to ratification, acceptance or
approval, followed by ratification, acceptance or
approval; or
(c) accession.
''
2. Ratification, acceptance, approval or accession shall
be effected by the deposit of an instrument to that effect
with the Secretary-General of the Organization.
3. The present Protocol may be signed without reservation,
ratified, accepted, approval or acceded to only by States
which have signed without reservation, ratified, accepted,
approved or acceded to the Convention.
''
ARTICLE V
Entry into Force
1. The present Protocol shall enter into force six months
after the date on which not less than fifteen States, the
combined merchant fleets of which constitute not less than
fifty per cent of the gross tonnage of the world's
mercant shipping, have become Parties to it in accordance
with Article IV of the present Protocol, provided however
that the persent Protocol shall not enter into force
before the Convention has entered into force.
2. Any instrument of ratification, acceptance, approval
or accession deposited after the date on which the present
Protocol enters into force shall take effect theree months
after the date of deposit.
3. After the date on which an amendment to the present
Protocol is deemed to have been accepted under Article
VIII of the Convention, any instrument of ratification,
acceptance, approved or accession deposited shall apply
to the present Protocol as amended.
''
ARTICLE VI
Denunciation
1. The present Protocol may be denounced by any Party at
any time after the expiry of five years from the date on
which the present Protocol enters into force for that
Party.
2. Denunciation shall be effected by the deposit of an
instrument of denunciation with the Secretary-General of
the Organization.
3. A denunciation shall take effect one year, or such
longer period as may be specified in the instrument of
denunciation, after its receipt by the Secretary-General
of the Organization.
4. A denunciation of the Convention by a party shall be
deemed to be a denunciation of the present Protocol by
that Party.
''
ARTICLE VII
Depositary
1. The present Protocol shall be deposited with the
Secretary-General of the Organization (hereinafter
referred to as "the Depositary").
2. The Depositary shall:
(a) inform al States which have signed the present
Protocol or acceded thereto of:
(i) each new signature or deposit of an instrument of
retification, acceptance, approval or accession, together
with the date thereof;
(ii) the date of entry into force of the present Protocol;
(iii) the deposit of any instrument of denunciation of
the present Protocol together with the date on which it
was received and the date on which the denunciation takes
effect;
(b) transmit ecertified true copies of the present
Protocol to all States which have signed the present
Protocol or acceded thereto.
3. As soon as the present Protocol enters into force, a
certified true copy thereof shall be transmitted by the
Depositary to the Secretariat of the United Nations for
registration and publication in accordance with Article
102 of the Charter of the United Nations.
''
ARTICLE VIII
Languages
The present Protocol is established in a single original
in the Chinese, English, French, Russian and Spanish
langauges, each text being equally authentic. Officiall
translations in the Arabic, German and Italian languages
shall be prepered and deposited with the signed original.
IN WITNESS WHEREOF the under-signed being duly authorized
by their respective Governments for that purpose have
signed the present Protocol.
DONE AT LONDON this seventeenth day of February one
thansand nine hundred and seventy-eight.
'