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 Polution 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,
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 referrence to the present Convention constitutes at the same time a reference to its Protocol and to the Annexes.
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 13 November 1972; or
(ii) release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or
(iii) release of harmful substances for purpose 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.
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 practiable, with the present Convention.
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 Adminsitration 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 therefore under the law of that Party. Whenever and violation occurs, the 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 discharge violations of the present Convention and shall be equally severe irrespective of where the violations occur.
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 verfying 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 proceedings 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.
Detection of violations and enforcement of the convention
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 had discharged harmful 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.
1. All possible efforts shall be made to avoid a ship being
unduly detained or delayed under Article 4, 5, or 6 of the
present Convention.
2. When a ship is unduly detained or delayed under Article
4, 5, 6 of the present Convention, it shall be entitled to
compensation for any loss or damage suffered.
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, the 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.
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.
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.
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.
1. Each Administration undertakes to conduct an
investigation of any casualty occuring 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.
1. The present Convention shall remain open for signature at
the Headquarters of the Organization from 15 January 1974
until 31 December 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.
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 reference to Parties in the present Convention
shall 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.
1. The 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 the
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 thereof have been met but
prior to the date of entry into force, the ratification,
accepance, 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 fulfilled, any
instrument of ratification, acceptance, approval or
accession deposited shall apply to the Convention or Annex
as amended.
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 and voting;
e) if adopted in accordance with sub-paragraph c) 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 subparagraph (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 amendment 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 to an Annex to the Convention under
the procedure specified in subparagraph (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 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 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 Parties to the Convention.
The Parties to the Convention shall promote in consultation
with the Organization and other international bodies, with
assistance and coordination 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 purposes of the present Convention.
1. The present Convention or any Optional Annex may be
denounced by any Party 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.
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.
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.
1. The Master of a ship involved in an incident referred to
in Article III of this Protocol, or other person having
charge of the ship, shall report the particulars of such
incident without delay and to the fullest extent possible in
accordance with the provisions of this Protocol.
2. In the event of the ship referred to in paragraph (1) of
the present Article being abandoned, or in the event of a
report from such ship being incomplete or unobtainable, the
owner, charterer, manager or operator of the ship, or their
agents shall, to the fullest extent possible assume the
obligations placed upon the Master under the provisions of
this Protocol.
1. Each report shall be made by radio whenever possible, but
in any case by the fastest channels available at the time
the report is made. Reports made by radio shall be given the
highest possible priority.
2. Reports shall be directed to the appropriate officer or
agency specified in paragraph (2)(a) of Article 8 of the
Convention.
The report shall be made whenever an incident involves:
a) a discharge other than as permitted under the present
Convention; or
b) a discharge permitted under the present Convention by
virtue of the fact that:
(i) it is for the purpose of securing the safety of a ship
or saving life at sea; or
(ii) it results from damage to the ship or its equipment; or
c) a discharge of a harmful substance for the purpose of
combating a specific pollution incident or for purposes of
legitimate scientific research into pollution abatement or
control; or
d) the probability of a discharge referred to in
sub-paragraphs (a), (b) or (c) of this Article.
b) the time and date of the occurence of the incident;
c) the geographic position of the ship when the incident
occurred;
d) the wind and sea conditions prevailing at the time of the
incident; and
2. Each report shall contain, in particular:
a) a clear indication or description of the harmful
substances involved, including, if possible, the correct
technical names of such substances (trade names should not
be used in place of the correct technical names);
b) a statement or estimate of quantities, concentrations and
likely conditions of harmful substances discharged or likely
to be discharged into the sea;
c) where relevant, a description of the packaging and
identifying marks; and
d) if possible the name of the consignor, consignee or
manufacturer.
3. Each report shall clearly indicate whether the harmful
substance discharged, or likely to be discharged is oil, a
noxious liquid substance, a noxious solid substance or a
noxious gaseous substance and whether such substance was or
is carried in bulk or contained in packaged form, freight
containers, portable tanks, or road and rail tank wagons.
4. Each report shall be supplemented as necessary by any
other relevant information requested by a recipient of the
report or which the person sending the report deems
appropriate.
1. An Arbitration Tribunal shall be established upon the
request of one Party to the Convention addressed to another
in application of Article 10 of the present Convention. The
request for arbitration shall consist of a statement of the
case together with any supporting documents.
2. The requesting Party shall inform the Secretary-General
of the Organization of the fact that it has applied for the
establishment of a Tribunal, of the names of the Parties to
the dispute and of the Articles of the Convention or
Regulations over which there is in its opinion disagreement
concerning their interpretation or application. The
Secretary-General shall transmit this information to all
Parties.
The Tribunal shall consist of three members: one Arbitrator
nominated by each Party to the dispute and a third
Arbitrator who shall be nominated by agreement between the
two first named, and shall act as its Chairman.
1. If, at the end of a period of sixty days from the
nomination of the second Arbitrator, the Chairman of the
Tribunal shall not have been nominated, the
Secretary-General of the Organization upon request of either
Party shall within a furhter period of sixty days proceed to
such nomination, selecting him from a list of qualified
persons previously drawn up by the Council of the
Organization.
2. If, within a period of sixty days from the date of the
receipt of the request, one of the Parties shall not have
nominated the member of the Tribunal for whose designation
it is responsible, the other Party may directly inform the
Secretary-General of the Organization who shall nominate the
Chairman of the Tribunal within a period of sixty days,
selecting him from the list prescribed in paragraph (1) of
the present Article.
3. The Chairman of the Tribunal shall, upon nomination,
request the Party which has not provided an Arbitrator, to
do so in the same manner and under the same conditions. If
the Party does not make the required nomination, the
Chairman of the Tribunal shall request the Secretary-General
of the Organization to make the nomination in the form and
conditions prescribed in the preceding paragraph.
4. The Chairman of the Tribunal, if nominated under the
provisions of the present Article, shall not be or have been
a national of one of the Parties concerned, except with the
consent of the other Party.
5. In the case of the decease or default of an Arbitrator
for whose nomination one of the Parties is responsible, the
said Party shall nominate a replacement within a period of
sixty days from the date of decease or default. Should the
said Party not make the nomination, the arbitration shall
proceed under the remaining Arbitrators. In case of the
decease or default of the Chairman of the Tribunal, a
replacement shall be nominated in accordance with the
provisions of Article III above, or in the absence of
agreement between the members of the Tribunal within a
period of sixty days of the decease or default, according to
the provisions of the present Article.
Each Party shall be responsible for the remuneration of its
Arbitrator and connected costs and for the costs entailed by
the preparation of its own case. The remuneration of the
Chairman of the Tribunal and of all general expenses
incurred by the Arbitration shall be borne equally by the
Parties. The Tribunal shall keep a record of all its
expenses and shall furnish a final statement thereof.
Any Party to the Convention which has an interest of a legal
nature and which may be affected by the decision in the case
may, after giving written notice to the Parties which have
originally initiated the procedure, join in the arbitration
procedure with the consent of the Tribunal.
1. Decisions of the Tribunal both as to its procedure and
its place of meeting and as to any question laid before it,
shall be taken by majority votes of its members; the absence
or abstention of one of the members of the Tribunal for
whose nomination the Parties were responsible shall not
constitute an impediment to the Tribunal reaching a
decision. In cases of equal voting, the vote of the Chairman
shall be decisive.
2. The Parties shall facilitate the work of the Tribunal and
in particular, in accordance with their legislation, and
using all means at their disposal:
a) provide the Tribunal with the necessary documents and
information;
b) enable the Tribunal to enter their territory, to hear
witnesses or experts, and to visit the scene.
3. Absence or default of one Party shall not constitute an
impediment to the procedure.
1. The Tribunal shall render its award within a period of
five months from the time it is established unless it
decides, in the case of necessity, to extend the time limit
for a further period but not exceeding three months. The
award of the Tribunal shall be accompanied by a statement of
reasons. It shall be final and without appeal and shall be
communicated to the Secretary-General of the Organization.
The Parties shall immediately comply with the award.
2. Any controversy which may arise between the Parties as
regards interpretation or execution of the award may be
submitted by either Party for judgement to the Tribunal
which made the award or, if it is not available to another
Tribunal constituted for this purpose, in the same manner as
the original Tribunal.
1. "Oil" means petroleum in any form including crude oil,
fuel oil, sludge, oil refuse and refined products (other
than petrochemicals which are subject to the provisions of
Annex II of the present Convention) and, without limiting
the generality of the foregoing, includes the substances
listed in Appendix I to this Annex.
2. "Oily mixture" means a mixture with any oil content.
3. "Oil fuel" means any oil used as fuel in connexion with
the propulsion and auxiliary machinery of the ship in which
such oil is carried.
4. "Oil tanker" means a ship constructed or adapted
primarily to carry oil in bulk in its cargo spaces and
includes combination carriers and any "chemical tanker" as
defined in Annex II of the present Convention when it is
carrying a cargo or part cargo of oil in bulk.
5. "Combination carrier" means a ship designed to carry
either oil or solid cargoes in bulk.
6. "New ship" means a ship:
a) for which the building contract is placed after 31
December 1975; or
b) in the absence of a building contract, the keel of which
is laid or which is at a similar stage of construction after
30 June 1976; or
c) the delivery of which is after 31 December 1979; or
d) which has undergone a major conversion:
(i) for which the contract is placed after 31 December 1975;
or
(ii) in the absence of a contract, the construction work of
which is begun after 30 June 1976; or
(iii) which is completed after 31 December 1979.
7. "Existing ship" means a ship which is not a new ship.
8. "Major conversion" means a conversion of an existing
ship:
a) which substantially alters the dimensions or carrying
capacity of the ship; or
b) which changes the type of the ship; or
c) the intent of which in the opinion of the Administration
is substantially to prolong its life; or
d) which otherwise so alters the ship that if it were a new
ship, it would become subject to relevant provisions of the
present Convention not applicable to it as an existing ship.
9. "Nearest land". The term "from the nearest land" means
from the baseline from which the territorial sea of the
territory in question is established in accordance with
international law, except that for the purposes of the
present Convention "from the nearest land" off the north
eastern coast of Australia shall mean from a line drawn from
a point on the coast of Australia in latitude 11 deg 00 deg
South, longitude 142 deg 08 min East to a point in latitude
10 deg 35 min South,
longitude 141 deg 55 min East _ thence to a point latitude
10 deg 00 min South,
longitude 142 deg 00 min East, thence to a point latitude 9
deg 10 min South,
longitude 143 deg 52 min East, thence to a point latitude 9
deg 00 min South,
longitude 144 deg 00 min East, thence to a point latitude 15
deg min South,
longitude 147 deg 00 min East, thence to a point latitude 21
deg 00 min South,
longitude 153 deg 00 min East, thence to a point on the
coast of Australia in latitude 24 deg 42 deg South,
longitude 153 deg 15 min East.
10. "Special area" means a sea where for recognized
technical reasons in relation to its oceanographical and
ecological condition and to the particular character of its
traffic the adoption of special mandatory methods for the
prevention of sea pollution by oil is required. Special
areas shall include those listed in Regulation 10 of this
Annex.
11. "Instantaneous rate of discharge of oil content" means
the rate of discharge of oil litres per hour at any instant
divided by the speed of the ship in knots at the same
instant.
12. "Tank" means an enclosed space which is formed by the
permanent structure of a ship and which is designed for the
carriage of liquid in bulk.
13. "Wing tank" means any tank adjacent to the side shell
plating.
14. "Centre tank" means any tank inboard of a longitudinal
bulkhead.
15. "Slop tank" means a tank specifically designated for the
collection of tank drainings, tank washings and other oily
mixtures.
16. "Clean ballast" means the ballast in a tank which since
oil was last carried therein, has been so cleaned that
effluent therefrom if it were discharged from a ship which
is stationary into clean calm water on a clear day would not
produce visible traces of oil on the surface of the water or
upon adjoining shorelines or cause a sludge or emulsion to
be deposited beneath the surface of the water or upon
adjoining shorelines. If the ballast is discharged through
an oil discharge monitoring and control system approved by
the Administration, evidence based on such a system to the
effect that the oil content of the effluent did not exceed
15 parts per million shall be determinative that the ballast
was clean, notwithstanding the presence of visible traces.
17. "Segregated ballast" means the ballast water introduced
into a tank which is completely separated from the cargo oil
and oil fuel system and which is permanently allocated to
the carriage of ballast or to the carriage of ballast or
cargoes other than oil or noxious substances as variously
defined in the Annexes of the present Convention.
18. "Length" (L) means 96 per cent of the total length on a
waterline at 85 per cent of the least moulded depth measured
from the top of the keel, or the length from the foreside of
the stem to the axis of the rudder stock on that waterline,
if that be greater. In ships designed with a rake of keel
the waterline on which this length is measured shall be
parallel to the designed waterline. The length (L) shall be
measured in meters.
19. "Forward and after perpendiculars" shall be taken at the
forward and after ends of the length (L). The forward
perpendicular shall coincide with the foreside of the stem
on the waterline on which the length is measured.
20. "Amidships" is at the middle of the length (L).
21. "Breadth" (B) means the maximum breadth of the ship,
measured amidships to the moulded line of the frame in a
ship with a metal shell and to the outer surface of the hull
in a ship with a shell of any other material. The breadth
(B) shall be measured in meters.
22. "Deadweight" (DW) means the difference in metric tons
between the displacement of a ship in water of specific
gravity of 1.025 at the load waterline corresponding to the
assigned number freeboard and the lightweight of the ship.
23. "Lightweight" means the displacement of a ship in metric
tons without cargo, oil fuel, lubricating oil, ballast
water, fresh water and feedwater in tanks, consumable
stores, passengers and their effects.
24. "Permeability" of a space means the ratio of the volume
within that space which is assumed to be occupied by water
to the total volume of that space.
25. "Volumes" and "areas" in a ship shall be calculated in
all cases to moulded lines.
1. Unless expressly provided otherwise, the provisions of
this Annex shall apply to all ships.
2. In ships other than oil tankers fitted with cargo spaces
which are constructed and utilized to carry oil in bulk of
an aggregate capacity of 200 cubic meters or more, the
requirements of Regulations 9, 10, 14, 15 (1), (2) and (3),
18, 20 and 24 (4) of this Annex for oil tankers shall apply
to the construction and operation of those spaces, except
that where such aggregate capacity is less than 1,000 cubic
metres the requirements of Regulation 15(4) of this Annex
may apply in lieu of Regulation 15(1), (2) and (3).
3. Where a cargo subject to the provisions of Annex II of
the present Convention is carried in a cargo space of an oil
tanker, the appropriate requirements of Annex II of the
present Convention shall also apply.
4. a) Any hydrofoil, air-cushion vehicle and other new type
of vessel (near-surface craft, submarine craft, etc) whose
constructional features are such as to render the
application of any of the provisions of Chapters II and III
of this Annex relating to construction and equipment
unreasonable or impracticable may be exempted by the
Administration from such provisions, provided that the
construction and equipment of that ship provides equivalent
protection against pollution by oil, having regard to the
service for which it is intended.
b) Particulars of any such exemption granted by the
Administration shall be indicated in the Certificate
referred to in Regulation 5 of this Annex.
c) The Administration which allows any such exemption shall,
as soon as possible, but not more than ninety days
thereafter, communicate to the Organization particulars of
same and the reasons therefor, which the Organization shall
circulate to the Parties to the Convention for their
information and appropriate action, if any.
1. The Administration may allow any fitting, material,
appliance or apparatus to be fitted in a ship as an
alternative to that required by this Annex if such fitting,
material, appliance or apparatus is at least as effective as
that required by this Annex. This authority of the
Administration shall not extend to subsitution of
operational methods to effect the control of discharge of
oil as equivalent to those design and construction features
which are prescribed by Regulations in this Annex.
2. The Administration which allows a fitting, material,
appliance or apparatus, as an alternative to that required
by this Annex shall communicate to the Organization for
circulation to the Parties to the Convention particulars
thereof, for their information and appropriate action, if
any.
1. Every oil tanker of 150 tons gross tonnage and above, and
every other ship of 400 tons gross tonnage and above shall
be subject to the surveys specified below:
a) An initial survey before the ship is put in service or
before the Certificate required under Regulation 5 of this
Annex is issued for the first time, which shall include a
complete survey of its structure, equipment, fittings,
arrangements and material in so far as the ship is covered
by this Annex. This survey shall be such as to ensure that
the structure, equipment, fittings, arrangements and
material fully comply with the applicable requirements of
this Annex.
b) Periodical surveys at intervals specified by the
Administration, but not exceeding five years, which shall be
such as to ensure that the structure, equipment, fittings,
arrangements and material fully comply with the applicable
requirements of this Annex. However, where the duration of
the International Oil Pollution Certificate (1973) is
extended as specified in Regulation 8 (3) or (4) of this
Annex, the interval of the periodical survey may be extended
correspondingly.
c) Intermediate surveys at intervals specified by the
Administration but not exceeding thirty months, which shall
be such as to ensure that the equipment and associated pump
and piping systems, including oil discharge monitoring and
control systems, oily-water separating equipment and oil
filtering systems, fully comply with the applicable
requirements of this Annex and are in good working order.
Such intermediate surveys shall be endorsed on the
International Oil Pollution Prevention Certificate (1973)
issued under Regulation 5 of this Annex.
2. The Administration shall establish appropriate measures
for ships which are not subject to the provisions of
paragraph (1) of this Regulation in order to ensure that the
applicable provisions of this Annex are complied with.
3. Surveys of the ship as regards enforcement of the
provisions of this Annex shall be carried out by officers of
the Administration. The Administration may, however, entrust
the surveys either to surveyors nominated for the purpose or
to organizations recognized by it. In every case the
Administration concerned fully guarantees the completeness
and efficiency of the surveys.
4. After any survey of the ship under this Regulation has
been completed, no significant change shall be made in the
structure, equipment, fittings, arrangements or material
covered by the survey without the sanction of the
Administration, except the direct replacement of such
equipment or fittings.
1. An International Oil Pollution Certificate (1973) shall
be issued, after survey in accordance with the provisions of
Regulation 4 of this Annex, to any oil tanker of 150 tons
gross tonnage and above and any other ships of 400 tons
gross tonnage and above which are engaged in voyages to
ports or off-shore terminals under the jurisdiction of other
Parties to the Convention. In the case of existing ships
this requirement shall apply twelve months after the date of
entry into force of the present Convention.
2. Such Certificate shall be issued either by the
Administration or by any persons or organization duly
authorized by it. In every case the Administration assumes
full responsibility for the Certificate.
1. The Government of a Party to the Convention may, at the
request of the Administration, cause a ship to be surveyed
and, if satisfied that the provisions of this Annex are
complied with, shall issue or authorize the issue of an
International Oil Pollution Prevention Certificate (1973) to
the ship in accordance with this Annex.
2. A copy of the Certificate and a copy of the survey report
shall be transmitted as soon as possible to the requesting
Administration.
3. A Certificate so issued shall contain a statement to the
effect that it has been issued at the request of the
Administration and it shall have the same force and receive
the same force and receive the same recogimition as the
Certificate issued under Regulation 5 of this Annex.
4. No International Oil Pollution Prevention Certificate
(1973) shall be issued to a ship which is entitled to fly
the flag of a State which is not a Party.
The International Oil Pollution Prevention Certificate
(1973) shall be drawn up in an official language of the
issuing country in the form corresponding to the model given
in Appendix II to this Annex. If the language used is
neither English nor French, the text shall include a
translation into one of these languages.
1. An International Oil Pollution Prevention Certificate
(1973) shall be issued for a period specified by the
Administration, which shall not exceed five years from the
date of issue, except as provided in paragraphs (2), (3) and
(4) of this Regulation.
2. If a ship at the time when the Certificate expires is not
in a port or off-shore terminal under the jurisdiction of
the Party to the Convention whose flag the ship is entitled
to fly, 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 State whose flag the ship is entitled to fly or in which
it is to be surveyed and then only in cases where it appears
proper and reasonable to do so.
3. No Certificate shall be thus extended for a period longer
than five months and a ship to which such extension is
granted shall not on its arrival in the State whose flag it
is entitled to fly or the port in which it is to be
surveyed, be entitled by virtue of such extension to leave
that port or State without having obtained a new
Certificate.
4. A Certificate which has not been extended under the
provisions of paragraph (2) 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.
5. A Certificate shall cease to be valid if significant
alterations have taken place in the construction, equipment,
fittings, arrangements, or material required without the
sanction of the Administration, except the direct
replacement of such equipment or fittings, or if
intermediate surveys as specified by the Administration
under Regulation 4(1)(c) of this Annex are not carried out.
6. A Certificate issued to a ship shall cease to be valid
upon transfer of such a ship to the flag of another State,
except as provided in paragraph (7) of this Regulation.
7. Upon transfer of a ship to the flag of another Party, the
Certificate shall remain in force for a period not exceeding
five months provided that it would not have expired before
the end of that period, or until the Administration issues a
replacement Certificate, whichever is earlier. As soon as
possible after the transfer has taken place the Government
of the Party whose flag the ship was formerly entitled to
fly shall transmit to the Administration a copy of the
Certificate carried by the ship before the transfer and, if
availbale, a copy of the relevant survey report.
1. Subject to the provisions of Regulations 10 and 11 of
this Annex and paragraph (2) of this Regulation, any
discharge into the sea of oil or oily mixtures from ships to
which this Annex applies shall be prohibited except when all
the following conditions are satisfied:
a) for an oil tanker, except as provided for in subparagraph
(b) of this paragraph:
(i) the tanker is not within a special area;
(ii) the tanker is more than 50 nautical miles from the
nearest land;
(iii) the tanker is proceeding en route;
(iv) the instantaneous rate of discharge of oil content does
not exceed 60 litres per nautical mile;
(v) the total quantity of oil discharged into the sea does
not exceed for existing tankers 1/15,000 of the total
quantity of the particular cargo of which the residue formed
a part, and for new tankers 1/30,000 of the total quantity
of the particular cargo of which the residue formed a part;
and
(vi) the tanker has in operation, except as provided for in
Regulation 15(3) of this Annex, an oil discharge monitoring
and control system and a slop tank arrangements as required
by Regulation 15 of this Annex;
b) from a ship of 400 tons gross tonnage and above other
than an oil tanker and from machinery space bilges excluding
cargo pump room bilges of an oil tanker unless mixed with
oil cargo residue:
(i) the ship is not within a special area;
(ii) the ship is more than 12 nautical miles from the
nearest land;
(iii) the ship is proceeding en route;
(iv) the oil content of the effluent is less than 100 parts
per million; and
(v) the ship has in operation an oil discharge monitoring
and control system, oily-water separating equipment, oil
filtering system or other installation as required by
Regulation 16 of this Annex.
2. In the case of a ship of less than 400 tons gross tonnage
other than oil tanker whilst outside the special area, the
Administration shall ensure that it is equipped as far as
practicable and reasonable with installations to ensure the
storage of oil residues on board and their discharge to
reception facilities or into the sea in compliance with the
requirements of paragraph (1) (b) of this Regulation.
3. Whenever visible traces of oil are observed on or below
the surface of the water in the immediate vicinity of a ship
or its wake, Governments of Parties to the Convention
should, to the extent they are reasonably able to do so,
promptly investigate the facts bearing on the issue of
whether there has been a violation of the provisions of this
Regulation or Regulation 10 of this Annex. The investigation
should include, in particular, the wind and sea conditions,
the track and speed of the ship, other possible sources of
visible traces in the vicinity, and any relevant oil
discharge records.
4. The provisions of paragraph (1) of this Regulation shall
not apply to the discharge of clean or segregated ballast.
The provisions of subparagraph (1)(b) of this Regulation
shall not apply to the discharge of oily mixture which
without dilution has an oil content not exceeding 15 parts
per million.
5. No discharge into the sea shall contain chemicals or
other substances in quantities or concentrations which are
hazardous to the marine environment or chemicals or other
substances introduced for the purpose of circumventing the
conditions of discharge specified in this Regulation.
6. The oil residues which cannot be discharged into the sea
in compliance with paragraphs (1), (2) and (4) of this
Regulation shall be retained on board or discharged to
reception facilities.
1. For the purposes of this Annex the special areas are the
Mediterranean Sea area, the Baltic Sea area, the Black Sea
area and the "Gulfs area" which are defined as follows:
a) The Mediterranean Sea area means the Mediterranean Sea
proper including the gulfs and seas therein with the
boundary between the Mediterranean and the Black Sea
constituted by the 41 deg N parallel and bounded to the west
by the Straits of Gibraltar at the meridian of 5 deg 36 min
W.
b) The Baltic Sea area means the Baltic Sea proper with the
Gulf of Bothnia, the Gulf of Finland and the entrance to the
Baltic Sea bounded by the parallel of the Skaw in the
Skagerrak at 57 deg 44.8 min N.
c) The Black Sea area means the Black Sea proper with the
boundary between the Mediterranean and the Black Sea
constituted by the parallel 41 deg N.
d) The Red Sea area means the Red Sea proper including the
Gulfs of Suez and Aqaba bounded at the South by the rhumb
line between Ras si Ane (12 deg 8.5 min N, 43 deg 19.6 min
E) and Husn Murad (12 deg 40.4 min N, 43 deg 30.2 min E).
e) The Gulfs area means the sea area located north west of
the rhumb line between Ras al Hadd (22 deg 30 min N, 59 deg
48 min E) and RAs Al Fasteh (25 deg 04 min N, 61 deg 25 min
E).
2. a) Subject to the provisions of Regulation 11 of this
Annex, any discharge into the sea of oil or oily mixture
from any oil tanker and any ship or 400 tons gross tonnage
and above other than an oil tanker shall be prohibited,
while in a special area.
b) Such ships while in a special area shall retain on board
all oil drainage and sludge, dirty ballast and tank washing
waters and discharge them only to reception facilities.
3. a) Subject to the provisions of Regulation 11 of this
Annex, any discharge into the sea of oil or mixture from a
ship of less than 400 tons gross tonnage, other than oil
tanker, shall be prohibited while in a special area, except
when the oil content of the effluent without dilution does
not exceed 15 parts per million or alternatively when all of
the following conditions are satisfied:
(i) the ship is proceeding en route;
(ii) the oil content of the effluent is less than 100 parts
per million; and
(iii) the discharge is made as far as practicable from the
land, but in no case less than 12 nautical miles from the
nearest land.
b) No discharge into the sea shall contain chemicals or
other substances in quantities or concentrations which are
hazardous to the marine environment or chemicals or other
substances introduced for the purpose of circumventing the
conditions of discharge specified in this Regulation.
c) The oil residues which cannot be discharged into the sea
in compliance with sub-paragraph (a) of this paragraph shall
be retained on board or discharged to reception facilities.
4. The provisions of this Regulation shall not apply to the
discharge of clean or segregated ballast.
5. Nothing in this Regulation shall prohibit a ship on a
voyage only part of which is in a special area from
discharging outside the special area in accordance with
Regulation 9 of this Annex.
6. Whenever visible traces of oil are observed on or below
the surface of the water in the immediate vicinity of a ship
or its wake, the Governments of Parties to the Convention
should, to the extent they are reasonably able to do so,
promptly investigate the facts bearing on the issue of
whether there has been a violation of the provisions of this
Regulation or Regulation 9 of this Annex. The investigation
should include, in particular, the wind and sea conditions,
the track and speed of the ship, other possible sources of
the visible traces in the vicinity,and any relevant oil
discharge records.
7. Reception facilities within special areas:
a) Mediterranean Sea, Black Sea and Baltic Sea areas:
(i) The Government of each Party to the Convention, the
coastline of which borders on any given special area
undertakes to ensure that not later than 1 January 1977 all
oil loading terminals and repair ports within the special
area are provided with facilities adequate for the reception
and treatment of all the dirty ballast and tank washing
water from oil tankers. In addition all ports within the
special area shall be provided with adequate reception
facilities for other residues and oily mixtures from all
ships. Such facilities shall have adequate capacity to meet
the needs of the ships using them without causing undue
delay.
(ii) The Government of each Party having under its
jurisdiction entrances to seawater courses with low depth
contour which might require a reduction of draught by the
discharge of ballast undertakes to ensure the provision of
the facilities referred to in sub-paragraph (a)(i) of this
paragraph but with the proviso that ships required to
discharge slops or dirty ballast could be subject to some
delay.
(iii) During the period between the entry into force of the
present Convention (if earlier than 1 January 1977) and, 1
January 1977 ships while navigating in the special areas
shall comply with the requirements of Regulation 9 of this
Annex. However, the Governments of Parties the coastlines of
which border any of the special areas under this
sub-paragraph may establish a date earlier than 1 January
1977, but after the date of entry into force of the present
Convention, from which the requirements of this Regulation
in respect of the special areas in question shall take
effect:
(1) if all the reception facilities required have been
provided by the date so established, and
(2) provided that the Parties concerned notify the
Organization of the date so established at least six months
in advance, for circulation to other Parties.
(iv) After 1 January 1977, or the date established in
accordance with sub-paragraph (a)(iii) of this paragraph if
earlier, each Party shall notify the Organization for
transmission to the Contracting Governments concerned of all
cases where the facilities
