FINAL ACT OF THE INTERNATIONAL CONFERENCE ON MARINE POLLUTION,1973
FINAL ACT OF THE INTERNATIONAL CONFERENCE ON MARINE POLLUTION,1973
Whole document
1. By its Resolution A. 176 (VI) of October 21, 1969, the Assembly of
the Inter-Governmental Maritime Consultative Organization decided to
convene in 1973 an International Conference on Marine Pollution. This
Conference was held in London from October 8 to November 2, 1973.
2. The following States were represented by delegations at the
Conference:
Argentina
Australia Kenya
Bahrain Khmer Republic
Belgium Kuwait
Brazil Liberia
Bulgaria Libyan Arab Republic
Byelorussian Soviet Socialist Madagascar
Republic Mexico
Canada Monaco
Chile Morocco
Cuba Netherlands
Cyprus New Zealand
Denmark Nigeria
Dominican Republic Norway
Ecuador Panama
Egypt Peru
Finland Philippines
France Poland
German Democratic Republic Portugal
Germany, Federal Republic of Republic of Korea
Ghana Romania
Greece Saudi Arabia
Haiti Singapore
Hungary South Africa
Iceland Spain
India Sri Lanka
Indonesia Sweden
Iran Switzerland
Iraq Thailand
Ireland Trinidadand Tobago
Italy Tunisia
Ivory Coast Ukrainian Soviet Socialist
Japan Republic
Jordan Union of Soviet Socialist
Republics United Republic of Tanzania
United Arab Emirates United States of America
United Kingdom of Great Britain Uruguay
and Northern Ireland Venezuela
3. The following States were represented at the Conference by
observers:
Colombia Republic of Viet-Nam
Jamaica Turkey
Malawi Yugoslavia
Oman
The Government of Hong Kong was also represented by an observer.
4. At the invitation of the Assembly the following organizations in
the United Nations system sent representatives to the Conference:
United Nations
United Nations Environment Programme
Food and Agriculture Organization
United Nations Educational, Scientific and Cultural Organization
International Bank for Reconstruction and Development
International Atomic Energy Agency
5. The following inter-governmental organizations sent observers to
the Conference: European Economic Community
International Institute for the Unification of Private Law
6. The following non-governmental organizations also sent observers to
the Conference:
International Chamber of Shipping
International Organization for Standardization
International Electrotechnical Commission
International Union of Marine Insurance
International Association of Ports and Harbors
The Baltic and International Maritime Conference
International Association of Classification Societies
International Law Association
European Council of Chemical Manufacturers' Federation
Oil Companies International Marine Forum
International Shipowners' Association
Friends of the Earth International
7. At the opening of the Conference The Hon. Michael Heseltine,
Minister of Aerospace and Shipping of the United Kingdom and Mr. Maurice
Strong Executive Director of the United Nations Environment Programme made
statements supporting the objective of the Conference.
8. The Conference elected Mr. S. V. Bhave, Head of the Indian
delegation, as President of the Conference.
9. Twenty-four Vice-Presidents of the Conference were elected, as
follows:
First Vice-President: Mr. G. Lindencrona (Sweden)
Mr. R. M Gowland (Argentina)
H. E. Mr. M. Raffaelli (Brazil)
The Hon. Jack Davis (Canada)
Dr. M. Oporto (Cuba)
Mr. M. A. El-Sammak (Egypt)
Mr. J. P. Cabouat (France)
Dr. H. Rentner (German Democratic Republic)
Dr. G. Breuer (Germany, Federal Republic of)
H. E. Mr. H. V. H. Sekyi (Ghana)
Mr. M. Sjadzali (Indonesia)
Mr. H. Afshar (Iran)
Mr. K. G. Loukou (Ivory Coast)
H. E. Mr. S. Sugihara (Japan)
Mr. A. G. Toukan (Jordan)
Mr. E. Dinga (Kenya)
Mr. N. A. Al-Nakib (Kuwait)
Mr. M. Ramarozaka (Madagascar)
Dr. Vizcaino Murray (Mexico)
Captain D. W. Boyes (New Zealand)
Mr. S. Perkowicz (Poland)
H. E. Mr. G. Nhigula (United Republic of Tanzania)
Mr. V. Tikhonov (USSR)
Mr. J. N Archer (United Kingdom)
10. Mr. Colin Goad. Secretary-General of the Organization, acted as
Secretary-General of the Conference with Mr. J. Queguiner. Deputy
Secretary-General, as Deputy Secretary-General of the Conference. Captain
A. Saveliev, Secretary of the Maritime Safety Committee of the
Organization, was appointed Executive Secretary of the Conference and Mr.
Y. Sasamura. Head of Marine Science and Technology Division, and Mr. T.
Mensah, Head of Legal Division, of the Organization were appointed Deputy
Executive Secretaries of the Conference.
11. The Conference established the following Committees and a Steering
Committee composed of officers of the Conference:
Committee I
Chairman: H. E. Dr. P. V. J. Solomon (Trinidad and
Tobago)
Vice-Chairman: Mr. G. Lindencrona (Sweden)
Committee II
Chairman: Dr. L. Spinelli (Italy)
Vice-Chairman: Dr. W. Al-Nimer (Bahrain)
Committee III
Chairman: Mr. R. J. Lakey (United States of
America)
Vice-Chairman: Mr. Koh Eng Tian (Singapore)
Committee IV
Chairman: H. E. Prof. A. Yankov (Bulgaria)
Vice-Chairman: The Hon. G. F. B. Cooper (Liberia)
Credentials Committee
Chairman: Mr. P. A. Araque (Philippines)
Drafting Committee
Chairman: Mr. G. A. E. Longe (Nigeria)
Vice-Chairman: H. E. Mr. J. D. del Campo (Uruguay)
12. The following documentation formed the basis of the work of the
Conference:
-Draft Text of an International Convention for the Prevention of
Pollution from Ships, 1973
-Draft Protocol Relating to Intervention on the High Seas in Cases
of Marine Pollution by Substances other than Oil
-Draft Resolutions relating to the prevention and control of
marine pollution
-Proposals and comments, including amendments to the drafts
mentioned above, submitted to the Conference by interested Governments and
Organizations.
13. As a result of its deliberations, recorded in the summary records
and reports of the Conference, the following instruments were adopted by
the Conference:
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS,
1973 with its Protocols, Annexes and Appendices; and
PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE
POLLUTION BY SUBSTANCES OTHER THAN OIL
The Convention and the Protocol constitute Attachments 1 and 2 to this
Final Act respectively.
14. The Conference also adopted Resolutions the texts of which
comprise Attachment 3 of this Final Act.
15. The text of this Final Act including its attachments, is deposited
with the Secretary-General of the Inter-Governmental Maritime Consultative
Organization (IMCO). It is established in a single original in the
English, French, Russian and Spanish languages, and accompanied by the
texts of the International Convention for the Prevention of Pollution from
Ships, 1973, with its Protocols, Annexes and Appendices, the Protocol
relating to Intervention on the High Seas in Cases of Marine Pollution by
Substances other than Oil, and the Resolutions of the Conference. The
texts of the Convention, its Protocols, Annexes and Appendices, as well as
of the Protocol, appear in their authentic languages, English, French,
Russian and Spanish. The texts of Resolutions of the Conference appear in
English, French, Russian and Spanish. Official translations of the
Convention with its Protocols, Annexes and Appendices. and the Protocol,
shall be prepared in the Arabic, German, Italian and Japanese languages.
Originals of these official translations shall be deposited with this
Final Act.
16. The Secretary-General of the Inter-Governmental Maritime
Consultative Organization shall send a certified copy of this Final Act
and, when they have been prepared, certified copies of the official
translations of the Convention with its Protocols, Annexes and Appendices,
the Protocol and the Resolutions of the Conference to the Governments
invited to be represented at the Conference in accordance with the wishes
of those Governments.
IN WITNESS WHEREOF the undersigned have affixed their signatures to
this Final Act.
DONE AT LONDON this second day of November, one thousand nine hundred
and seventy-three.
Signatories: Argentina, Australia, Bahrain. Belgium, Brazil, Bulgaria,
Byelorussian Soviet Socialist Republic, Canada. Chile, Cuba, Cyprus,
Denmark, Dominican Republic, Ecuador, Egypt, Finland, France, GDR. FRG,
Ghana, Greece, Haiti, Hungary, Iceland, India, Indonesia, Iran, Iraq,
Ireland, Italy, Ivory Coast, Japan, Jordan, Kenya, Khmer Republic,
Kuwait, Liberia, Libya, Madagascar, United Mexican States, Monaco,
Morocco, Netherlands, New Zealand, Nigeria, Norway, Panama, Peru,
Philippines, Poland, Portugal, Korea, Romania, Saudi Arabia, Singapore,
South Africa, Spain, Sri Lanka, Sweden, Swiss Confederation, Thailand,
Trinidad and Tobago, Tunisia, Ukrainian Soviet Socialist Republic, Union
of Soviet Socialist Republics, UAE, UK of Great Britain and Northern
Ireland, Tanzania, USA, Eastern Republic of Uruguay, Venezuela.
INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
The Parties to the Convention,
Being conscious of the need to preserve the human environment in
general and the marine environment in particular,
Recognizing that deliberate, negligent or accidental release of oil
and other harmful substances from ships constitutes a serious source of
pollution,
Recognizing also the importance of the International Convention for
the Prevention of Pollution of the Sea by Oil, 1954, as being the first
multilateral instrument to be concluded with the prime objective of
protecting the environment, and appreciating the significant contribution
which that Convention has made in preserving the seas and coastal
environment from pollution,
Desiring to achieve the complete elimination of intentional pollution
of the marine environment by oil and other harmful substances and the
minimization of accidental discharge of such substances,
Considering that this object may best be achieved by establishing
rules not limited to oil pollution having a universal purport,
Have agreed as follows:
Article 1 General Obligations under the Convention
(1) The Parties to the Convention undertake to give effect to the
provisions of the present Convention and those Annexes thereto by which
they are bound, in order to prevent the pollution of the marine
environment by the discharge of harmful substances or effluents containing
such substances in contravention of the Convention.
(2) Unless expressly provided otherwise, a reference to the present
Convention constitutes at the same time a reference to its Protocols and
to the Annexes.
Article 2 Definitions
For the purposes of the present Convention, unless expressly provided
otherwise:
(1) "Regulations" means the Regulations contained in the Annexes to
the present Convention.
(2) "Harmful substance" means any substance which, if introduced into
the sea, is liable to create hazards to human health, to harm living
resources and marine life, to damage amenities or to interfere with other
legitimate uses of the sea, and includes any substance subject to control
by the present Convention.
(3) (a) "Discharge", in relation to harmful substances or effluents
containing such substances, means any release howsoever caused from a ship
and includes any escape, disposal, spilling, leaking, pumping, emitting or
emptying;
(b) "Discharge" does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter done
at London on November 13, 1972; or
(ii) release of harmful substances directly arising from the
exploration, exploitation and associated off-shore processing of seabed
mineral resources; or
(iii) release of harmful substances for purposes of legitimate
scientific research into pollution abatement or control.
(4) "Ship" means a vessel of any type whatsoever operating in the
marine environment and includes hydrofoil boats, air-cushion vehicles,
submersibles, floating craft and fixed or floating platforms.
(5) "Administration" means the Government of the State under whose
authority the ship is operating. With respect to a ship entitled to fly a
flag of any State, the Administration is the Government of that State.
With respect to fixed or floating platforms engaged in exploration and
exploitation of the sea-bed and subsoil thereof adjacent to the coast over
which the coastal State exercises sovereign rights for the purposes of
exploration and exploitation of their natural resources, the
Administration is the Government of the coastal State concerned.
(6) "Incident" means an event involving the actual or probable
discharge into the sea of a harmful substance, or effluents containing
such a substance.
(7) "Organization" means the Inter-Governmental Maritime Consultative
Organization.
Article 3 Application
(1) The present Convention shall apply to:
(a) ships entitled to fly the flag of a Party to the Convention;
and
(b) ships not entitled to fly the flag of a Party but which
operate under the authority of a Party.
(2) Nothing in the present Article shall be construed as derogating
from or extending the sovereign rights of the Parties under international
law over the sea-bed and subsoil thereof adjacent to their coasts for the
purposes of exploration and exploitation of their natural resources.
(3) The present Convention shall not apply to any warship, naval
auxiliary or other ship owned or operated by a State and used, for the
time being, only on government non-commercial service. However, each Party
shall ensure by the adoption of appropriate measures not impairing the
operations or operational capabilities of such ships owned or operated by
it, that such ships act in a manner consistent, so far as is reasonable
and practicable, with the present Convention.
Article 4 Violation
(1) Any violation of the requirements of the present Convention shall
be prohibited and sanctions shall be established therefor under the law of
the Administration of the ship concerned wherever the violation occurs. If
the Administration is informed of such a violation and is satisfied that
sufficient evidence is available to enable proceedings to be brought in
respect of the alleged violation, it shall cause such proceedings to be
taken as soon as possible, in accordance with its law.
(2) Any violation of the requirements of the present Convention within
the jurisdiction of any Party to the Convention shall be prohibited and
sanctions shall be established therefor under the law of that Party.
Whenever such a violation occurs, that Party shall either:
(a) cause proceedings to be taken in accordance with its law; or
(b) furnish to the Administration of the ship such information and
evidence as may be in its possession that a violation has occurred.
(3) Where information or evidence with respect to any violation of the
present Convention by a ship is furnished to the Administration of that
ship, the Administration shall promptly inform the Party which has
furnished the information or evidence, and the Organization, of the
action taken.
(4) The penalties specified under the law of a Party pursuant to the
present Article shall be adequate in severity to discourage violations of
the present Convention and shall be equally severe irrespective of where
the violations occur.
Article 5 Certificates and Special Rules on Inspection of Ships
(1) Subject to the Provisions of paragraph (2) of the present Article
a certificate issued under the authority of a Party to the Convention in
accordance with the provisions of the Regulations shall be accepted by the
other Parties and regarded for all purposes covered by the present
Convention as having the same validity as a certificate issued by them.
(2) A ship required to hold a certificate in accordance with the
provisions of the Regulations is subject, while in the ports or off-shore
terminals under the jurisdiction of a Party, to inspection by officers
duly authorized by that Party, Any such inspection shall be limited to
verifying that there is on board a valid certificate, unless there are
clear grounds for believing that the condition of the ship or its
equipment does not correspond substantially with the particulars of that
certificate. In that case, or if the ship does not carry a valid
certificate, the Party carrying out the inspection shall take such steps
as will ensure that the ship shall not sail until it can proceed to sea
without presenting an unreasonable threat of harm to the marine
environment. That Party may, however, grant such a ship permission to
leave the port or off-shore terminal for the purpose of proceeding to the
nearest appropriate repair yard available.
(3) If a Party denies a foreign ship entry to the ports or off-shore
terminals under its jurisdiction or takes any action against such a ship
for the reason that the ship does not comply with the provisions of the
present Convention, the Party shall immediately inform the consul or
diplomatic representative of the Party whose flag the ship is entitled to
fly, or if this is not possible, the Administration of the ship concerned.
Before denying entry or taking such action the Party may request
consultation with the Administration of the ship concerned. Information
shall also be given to the Administration when a ship does not carry a
valid certificate in accordance with the provisions of the Regulations.
(4) With respect to the ships of non-Parties to the Convention,
Parties shall apply the requirements of the present Convention as may be
necessary to ensure that no more favourable treatment is given to such
ships.
Article 6 Detection of Violations and Enforcement of the Conven-tion
(1) Parties to the Convention shall co-operate in the detection of
violations and the enforcement of the provisions of the present
Convention. using all appropriate and practicable measures of detection
and environmental monitoring, adequate procedures for reporting and
accumulation of evidence.
(2) A ship to which the present Convention applies may, in any port or
off-shore terminal of a Party, be subject to inspection by officers
appointed or authorized by that Party for the purpose of verifying whether
the ship has discharged any harmful substances in violation of the
provisions of the Regulations. If an inspection indicates a violation of
the Convention, a report shall be forwarded to the Administration for any
appropriate action.
(3) Any Party shall furnish to the Administration evidence, if any,
that the ship has discharged harmful substances or effluents containing
such substances in violation of the provisions of the Regulations. If it
is practicable to do so, the competent authority of the former Party shall
notify the Master of the ship of the alleged violation.
(4) Upon receiving such evidence, the Administration so informed shall
investigate the matter, and may request the other Party to furnish further
or better evidence of the alleged contravention. If the Administration is
satisfied that sufficient evidence is available to enable proceedings to
be brought in respect of the alleged violation, it shall cause such
proceedings to be taken in accordance with its law as soon as possible.
The Administration shall promptly inform the Party which has reported the
alleged violation. as well as the Organization, of the action taken.
(5) A Party may also inspect a ship to which the present Convention
applies when it enters the ports or off-shore terminals under its
jurisdiction, if a request for an investigation is received from any Party
together with sufficient evidence that the ship has discharged harmful
substances or effluents containing such substances in any place. The
report of such investigation shall be sent to the Party requesting it and
to the Administration so that the appropriate action may be taken under
the present Convention.
Article 7 Undue Delay to Ships
(1) All possible efforts shall be made to avoid a ship being unduly
detained or delayed under Articles 4, 5 or 6 of the present Convention.
(2) When a ship is unduly detained or delayed under Article 4, 5 or 6
of the present Convention, it shall be entitled to compensation for any
loss or damage suffered.
Article 8 Reports on Incidents Involving Harmful Substances
(1) A report of an incident shall be made without delay to the fullest
extent possible in accordance with the provisions of Protocol I to the
present Convention.
(2) Each Party to the Convention shall:
(a) make all arrangements necessary for an appropriate officer or
agency to receive and process all reports on incidents; and
(b) notify the Organization with complete details of such
arrangements for circulation to other Parties and Member States of the
Organization.
(3) Whenever a Party receives a report under the provisions of the
present Article, that Party shall relay the report without delay to:
(a) the Administration of the ship involved; and
(b) any other State which may be affected.
(4) Each Party to the Convention undertakes to issue instructions to
its maritime inspection vessels and aircraft and to other appropriate
services. to report to its authorities any incident referred to in
Protocol I to the present convention. That Party shall, if it considers it
appropriate, report accordingly to the Organization and to any other party
concerned.
Article 9 Other Treaties and Interpretation
(1) Upon its entry into force, the present Convention supersedes the
International Convention for the Prevention of Pollution of the Sea by
Oil, 1954, as amended, as between Parties to that Convention.
(2) Nothing in the present Convention shall prejudice the codification
and development of the law of the sea by the United Nations Conference on
the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the
General Assembly of the United Nations nor the present or future claims
and legal views of any State concerning the law of the sea and the nature
and extent of coastal and flag State jurisdiction.
(3) The term "jurisdiction" in the present Convention shall be
construed in the light of international law in force at the time of
application or interpretation of the present Convention.
Article 10 Settlement of Disputes
Any dispute between two or more Parties to the Convention concerning
the interpretation or application of the present Convention shall, if
settlement by negotiation between the Parties involved has not been
possible, and if these Parties do not otherwise agree, be submitted upon
request of any of them to arbitration as set out in Protocol II to the
present Convention.
Article 11 Communication of Information
(1) The Parties to the Convention undertake to communicate to the
Organization:
(a) the text of laws, orders, decrees and regulations and other
instruments which have been promulgated on the various matters within the
scope of the present Convention;
(b) a list of non-governmental agencies which are authorized to
act on their behalf in matters relating to the design, construction and
equipment of ships carrying harmful substances in accordance with the
provisions of the Regulations;
(c) a sufficient number of specimens of their certificates issued
under the provisions of the Regulations;
(d) a list of reception facilities including their location,
capacity and available facilities and other characteristics;
(e) official reports or summaries of official reports in so far as
they show the results of the application of the present Convention; and
(f) an annual statistical report, in a form standardized by the
Organization, of penalties actually imposed for infringement of the
present Convention.
(2) The Organization shall notify Parties of the receipt of any
communications under the present Article and circulate to all Parties any
information communicated to it under sub-paragraphs (1) (b) to (f) of the
present Article.
Article 12 Casualties to ships
(1) Each Administration undertakes to conduct an investigation of any
casualty occurring to any of its ships subject to the provisions of the
Regulations if such casualty has produced a major deleterious effect upon
the marine environment.
(2) Each Party to the Convention undertakes to supply the Organization
with information concerning the findings of such investigation, when it
judges that such information may assist in determining what changes in the
present Convention might be desirable.
Article 13 Signature, Ratification, Acceptance, Approval and Ac-cession
(1) The present Convention shall remain open for signature at the
Headquarters of the Organization from January 15, 1974 until December 31,
1974 and shall thereafter remain open for accession, States may become
Parties to the present Convention 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 Secretary-General of the Organization shall inform all States
which have signed the present Convention or acceded to it of any signature
or of the deposit of any new instrument of ratification, acceptance,
approval or accession and the date of its deposit.
Article 14 Optional Annexes
(1) A State may at the time of signing, ratifying, accepting,
approving or acceding to the present Convention declare that it does not
accept any one or all of Annexes III, IV and V (hereinafter referred to as
"Optional Annexes") of the present Convention. Subject to the above,
Parties to the Convention shall be bound by any Annex in its entirety.
(2) A State which has declared that it is not bound by an Optional
Annex may at any time accept such Annex by depositing with the
Organization an instrument of the kind referred to in Article 13(2).
(3) A State which makes a declaration under paragraph (1) of the
present Article in respect of an Optional Annex and which has not
subsequently accepted that Annex in accordance with paragraph (2) of the
present Article shall not be under any obligation nor entitled to claim
any privileges under the present Convention in respect of matters related
to such Annex and all references to Parties in the present Convention
shall not include that State in so far as matters related to such Annex
are concerned.
(4) The Organization shall inform the States which have signed or
acceded to the present Convention of any declaration under the present
Article as well as the receipt of any instrument deposited in accordance
with the provisions of paragraph (2) of the present Article.
Article 15 Entry into Force
(1) The present Convention shall enter into force twelve months after
the date on which not less than 15 States, the combined merchant fleets of
which constitute not less than fifty per cent of the gross tonnage of the
world's merchant shipping, have become parties to it in accordance with
Article 13.
(2) An Optional Annex shall enter into force twelve months after the
date on which the conditions stipulated in paragraph (1) of the present
Article have been satisfied in relation to that Annex.
(3) The Organization shall inform the States which have signed the
present Convention or acceded to it of the date on which it enters into
force and of the date on which an Optional Annex enters into force in
accordance with paragraph (2) of the present Article.
(4) For States which have deposited an instrument of ratification,
acceptance, approval or accession in respect of the present Convention or
any Optional Annex after the requirements for entry into force there of
have been met but prior to the date of entry into force, the
ratification, acceptance, approval or accession shall take effect on the
date of entry into force of the Convention or such Annex or three months
after the date of deposit of the instrument whichever is the later date.
(5) For States which have deposited an instrument of ratification,
acceptance, approval or accession after the date on which the Convention
or an Optional Annex entered into force, the Convention or the Optional
Annex shall become effective three months after the date of deposit of the
instrument.
(6) After the date on which all the conditions required under Article
16 to bring an amendment to the present Convention or an Optional Annex
into force have been fulfiled, any instrument of ratification,
acceptance, approval or accession deposited shall apply to the Convention
or Annex as amended.
Article 16 Amendments
(1) The present Convention may be amended by any of the procedures
specified in the following paragraphs.
(2) Amendments after consideration by the Organization:
(a) any amendment proposed by a Party to the Convention shall be
submitted to the Organization and circulated by its Secretary-General to
all Members of the Organization and all Parties at least six months prior
to its consideration;
(b) any amendment proposed and circulated as above shall be
submitted to an appropriate body by the Organization for consideration;
(c) Parties to the Convention, whether or not Members of the
Organization, shall be entitled to participate in the proceedings of the
appropriate body;
(d) amendments shall be adopted by a two-thirds majority of only
the Parties to the Convention present voting;
(e) if adopted in accordance with sub-paragraph (d) above,
amendments shall be communicated by the Secretary-General of the
Organization to all the Parties to the Convention for acceptance;
(f) an amendment shall be deemed to have been accepted in the
following circumstances:
(i) an amendment to an Article of the Convention shall be
deemed to have been accepted on the date on which it is accepted by
two-thirds of the Parties, the combined merchant fleets of which
constitute not less than fifty per cent of the gross tonnage of the
world's merchant fleet;
(ii) an amendment to an Annex to the Convention shall be
deemed to have been accepted in accordance with the procedure specified in
sub-paragraph (f) (iii) unless the appropriate body, at the time of its
adoption, determines that the amendment shall be deemed to have been
accepted on the date on which it is accepted by two-thirds of the Parties,
the combined merchant fleets of which constitute not less than fifty per
cent of the gross tonnage of the world's merchant fleet, Nevertheless, at
any time before the entry into force of an amendment to an Annex to the
Convention, a Party may notify the Secretary-General of the Organization
that its express approval will be necessary before the amendment enters
into force for it. The latter shall bring such notification and the date
of its receipt to the notice of Parties;
(iii) an amendement to an Appendix to an Annex to the
Convention shall be deemed to have been accepted at the end of a period to
be determined by the appropriate body at the time of its adoption. which
period shall be not less than ten months, unless within that period an
objection is communicated to the Organization by not less than one-third
of the Parties or by the Parties the combined merchant fleets of which
constitute not less than fifty per cent of the gross tonnage of the
world's merchant fleet whichever condition is fulfilled;
(iv) an amendment to Protocol I to the Convention shall be
subject to the same procedures as for the amendments to the Annexes to the
Convention, as provided for in sub-paragraphs (f) (ii) or (f) (iii) above;
(v) an amendment to Protocol II to the Convention shall be
subject to the same procedures as for the amendments to an Article of the
Convention, as provided for in sub-paragraph (f) (i) above;
(g) the amendment shall enter into force under the following
conditions:
(i) in the case of an amendment to an Article of the
Convention, to Protocol II. or to Protocol I or to an Annex to the
Convention not under the procedure specified in sub-paragraph (f) (iii),
the amendment accepted in conformity with the foregoing provisions shall
enter into force six months after the date of its acceptance with respect
to the Parties which have declared that they have accepted it;
(ii) in the case of an amendment to Protocol I, to an Appendix
to an Annex or an Annex to the Convention under the procedure specified in
sub-paragraph (f) (iii), the amendment deemed to have been accepted in
accordance with the foregoing conditions shall enter into force six months
after its acceptance for all the Parties with the exception of those
which, before that date, have made a declaration that they do not accept
it or a declaration under sub-paragraph (f) (ii), that their express
approval is necessary.
(3) Amendment by a Conference:
(a) Upon the request of a Party, concurred in by at least
one-third of the Parties, the Organization shall convene a Conference of
Parties to the Convention to consider amendments to the present
Convention.
(b) Every amendment adopted by such a Conference by a two-thirds
majority of those present and voting of the Parties shall be communicated
by the Secretary-General of the Organization to all Contracting Parties
for their acceptance.
(c) Unless the Conference decides otherwise, the amendment shall
be deemed to have been accepted and to have entered into force in
accordance with the procedures specified for that purpose in paragraph (2)
(f) and (g) above.
(4) (a) In the case of an Amendment to an Optional Annex, a reference
in the present Article to a "Party to the Convention" shall be deemed to
mean a reference to a Party bound by that Annex.
(b) Any Party which has declined to accept an amendment to an
Annex shall be treated as a non-Party only for the purpose of application
of that Amendment.
(5) The adoption and entry into force of a new Annex shall be subject
to the same procedures as for the adoption and entry into force of an
amendment to an Article of the Convention.
(6) Unless expressly provided otherwise, any amendment to the present
Convention made under this Article, which relates to the structure of a
ship, shall apply only to ships for which the building contract is placed,
or in the absence of a building contract, the keel of which is laid, on or
after the date on which the amendment comes into force.
(7) Any amendment to a Protocol or to an Annex shall relate to the
substance of that Protocol or Annex and shall be consistent with the
Articles of the present Convention.
(8) The Secretary-General of the Organization shall inform all Parties
of any amendments which enter into force under the present Article,
together with the date on which each such amendment enters into force.
(9) Any declaration of acceptance or of objection to an amendment
under the present Article shall be notified in writing to the
Secretary-General of the Organization. The latter shall bring such
notification and the date of its receipt to the notice of the Parities to
the Convention.
Article 17 Promotion of Technical Co-operation
The Parties to the Convention shall promote, in consultation with the
Organization and other international bodies, with assistance and
co-ordination by the Executive Director of the United Nations Environment
Programme, support for those Parties which request technical assistance
for:
(a) the training of scientific and technical personnel;
(b) the supply of necessary equipment and facilities for reception
and monitoring;
(c) the facilitation of other measures and arrangements to prevent
or mitigate pollution of the marine environment by ships; and
(d) the encouragement of research;
Preferably within the countries concerned, so furthering the aims and
purpose of the present Convention.
Article 18 Denunciation
(1) The present Convention or any Optional Annex may be denounced by
any Parties to the Convention at any time after the expiry of five years
from the date on which the Convention or such Annex enters into force for
that Party.
(2) Denunciation shall be effected by notification in writing to the
Secretary General of the Organization who shall inform all the other
Parties of any such notification received and of the date of its receipt
as well as the date on which such denunciation takes effect.
(3) A denunciation shall take effect twelve months after receipt of
the notification of denunciation by the Secretary-General of the
Organization or after the expiry of any other longer period which may be
indicated in the notification.
Article 19 Deposit and Registration
(1) The present Convention shall be deposited with the
Secretary-General of the Organization who shall transmit certified true
copies thereof to all States which have signed the present Convention or
acceded to it.
(2) As soon as the present Convention enters into force, the text
shall be transmitted by the Secretary-General of the Organization to the
Secretary-General of the United Nations for registration and publication,
in accordance with Article 102 of the Charter of the United Nations.
Article 20 Languages
The present Convention is established in a single copy in the English,
French, Russian and Spanish languages, each text being equally authentic.
Official translations in the Arabic, German, Italian and Japanese
languages shall be prepared and deposited with the signed original.
IN WITNESS WHEREOF the undersigned* being duly authorized by their
respective Governments for that purpose have signed the present
Convention.
[* Signatures omitted]
DONE AT LONDON this second day of November, one thousand nine hundred
and seventy-three.
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