Agreements

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.

'