مركز الدراسات القانونية - الجامعة اللبنانية

الاتفاقية الدولية لسلامة الارواح في البحر

 

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